It is easy to believe that in filing for personal injury claims, one is alone. But this cannot be further from the truth. The law is the citizen’s first and foremost defender, witness, and guide in such trying times. And so are the legal advisors like medical malpractice lawyer nj for said claims. With the aid of Fleming Law Personal Injury Lawyers, here is a step by step guide you can follow in filing for compensation.
Personal Injury Claims: Filing Procedure
1. Seek Medical Attention
It is for your good to immediately seek medical attention following your injury, whether you believe that it is harmless or fatal. Regardless of your perception of its severity, have your injury treated with urgency.
First, it will benefit you so as not to aggravate them further. Second, in the context of personal injury claims, the act itself, and the medical operations (as by medical practitioners who are to attend to you) to follow will serve as pillars for your claim.
The respondent and/or perpetrator of the injury or their insurance companies may try and use delayed medical treatment as an intentional sabotaging so that your injuries to worsen on purpose. And that this is done to stake a higher claim. Something you won’t have to worry about by simply observing step 1.
2. Hire A Personal Injury Attorney
Since filing for compensation for personal injury is a legal matter, leave it in the hands of professionals who are experienced in this field of the law. Do not try to resolve the issue without their assistance.
Hire a personal injury lawyer to help you with processing the legalities of your compensation. For instance, your injuries might warrant multiple return-visits to the hospital or medical practitioner. Or perhaps the medication prescribed you is for a long-term duration sans hospital drop-ins. And what of injuries that will render you unable to work for the period in which you are to recuperate, or longer?
These need to be detailed in the insurer’s response so as not to rob you of the aid and amount they are obligated by law to provide you.
3. The Claim
Now, you can draft a claim which will be presented to your insurance provider, or that of the instigator of the accident. It is not a mere written form of a simple request to pay for your medical fees and more.
The claim will be a binding statement. It is an understanding that you are adhering to your rights for what the claim itself signifies. You are holding the insurance provider accountable for their actions from here on out, as they respond to you.
But do not be disheartened. Although this description sounds daunting, settlements are, most often than not arranged promptly once you and the individual or company liable for your injuries agree to the terms.
4. Negotiation And Finalization Of The Settlement
You, being the claimant, will be advised by your lawyer regarding what you should and should not accept as compensation. This will depend on the type of injuries you have incurred, their severity, the medical treatments you will be undergoing, medications, etc. Add to these your unpaid working days due to sustained injuries.
The respondent will either agree, disagree, or try to meet you halfway. At the end of the day, your party will have the last say of whether the offer is on par with your expectations. If all is well, then the settlement can be finalized.
However, if you are not pleased with the respondent’s offer, and they, in turn, are not willing to meet yours, then filing a lawsuit is the next step to take from here.