How to Claim Injury in an Accident

You can claim injury after an accident by notifying the proper insurance companies of your harm and resulting losses. If necessary, you can also claim injury by filing a lawsuit in civil court against those legally responsible for the accident.

Providing notice of an injury is just the start of seeking justice. A personal injury lawyer should always oversee your insurance claim from the beginning and can advise you on potentially filing a lawsuit. They will be responsible for every aspect of your case, and their goal will be to obtain all the compensation you deserve.

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Types of Injuries You Might Claim After an Accident

Whether you were in an auto accident, fell, were attacked by a dog, or suffered injuries in any other circumstance, you should not have to pay for someone else’s negligence. An injury attorney will seek fair compensation for the effects of your injuries, which may include:

• Scarring, amputations, and any other visible injuries
• Soft tissue strains, sprains, and tears
• Bone fractures
• Traumatic brain injuries (TBIs)
• Internal injuries
• Spinal cord injuries

If you suffered one of these or other injuries because someone engaged in careless or malicious actions, you deserve a fair financial recovery as soon as possible. A personal injury lawyer will invest the time necessary to build a compelling case, and they will demand the settlement you deserve from liable parties.

Psychological and Emotional Injuries Also Entitle You to Compensation

Physical injuries are often accompanied by mental trauma. Conditions like post-traumatic stress disorder can be common among victims of sudden accidents, including car crash victims. Civil courts allow victims of negligence to receive compensation for such damages, which may include:

• PTSD
• Physical pain from injuries
• Emotional anguish
• Psychological distress
• Emotional anguish
• Lost quality of life
• Sleep disturbances
• Substance use issues
• Other symptoms that qualify as pain and suffering

Mental and emotional wounds deserve just as much consideration as physical injuries. Your lawyer will work with qualified medical and mental health professionals to understand all your ailments and value your case accurately.

How to Document Your Injuries After an Accident

Because your injuries will be the focal point of your claim or lawsuit, you and your medical team must document them in as great detail as possible. While your lawyer will also work to collect documentation of your injuries (and related damages), you may benefit your case by:

• Seeking medical attention as soon as possible
• Keeping all X-rays, CT scans, MRIs, photographs, and other images of injuries
• Keeping all accident-related medical bills
• Asking a doctor for a clear diagnosis of your injuries

Your legal team will also work with your doctors as you recover from injuries. The doctors may provide documentation as it becomes available, and your lawyer will incorporate this documentation in your case.

Why Should I Let an Accident Lawyer Oversee the Claims Process?

Never take action without good reason. Lawyers provide many good reasons to hire them after an accident, including:

• Full financial support for your case (including expert fees)
• Experience that can be highly valuable in planning and executing a claim or lawsuit
• A legal team built to handle every detail of your case
• A network of experts who can lend their knowledge and experience to your case
• The time required to build a detail-heavy, compelling case for compensation

Your attorney has access to resources that, if you handled your case on your own, you do not have. From expert testimony to digital reconstructions of an accident and evidentiary knowledge, your law firm may have all the tools necessary to build an impressive case.

Your Attorney Can Overcome the Most Difficult of Claims

As you identify the right personal injury attorney to lead your case, look for reviews where clients mention similar cases. Lawyers with years of experience will surely encounter difficult cases and overcome even the most daunting legal challenges.

Personal injury lawyers often find a way to reach a fair settlement for their clients, even when offers start low. When an accident victim needs a financial recovery, your lawyer will work to find a way.

How Your Lawyer Will Fight for Fair Compensation

Your lawyer will understand they have not fulfilled their duties unless you receive the compensation you deserve. With this lofty goal in mind, your lawyer will build your case by:

Gathering Useful Evidence of Negligence

Most personal injury cases center on someone’s negligence. Your attorney will detail specific acts of negligence that caused you to suffer injuries or lose a loved one.

In a car accident case, for example, a lawyer might collect:

• Video (from dash cameras, traffic cameras, security cameras, and other sources)
• Photographs (of vehicle damage, the accident scene, and other relevant items or locations)
• Eyewitness testimony
• Expert testimony
• A police report

Different cases require lawyers to take different investigative approaches. For example, a lawyer handling a drunk driving accident case may visit the establishment where a motorist was drinking before driving. A trusted lawyer will go above and beyond to obtain every relevant piece of evidence for your case.

Securing All Available Documentation of Your Damages

Evidence of your damages proves the value of your case, which is critical to obtain fair compensation. Your lawyer can establish your accident-related damages using the following:

• Medical bills
• Invoices for rehabilitation services
• A mental health professional’s diagnosis of anxiety, depression, PTSD< and other forms of pain and suffering
• Bills for the repair or replacement of damaged property
• Bank statements showing your normal income (and how much income you’ve lost because of your accident)
• Any other documentation that speaks to your economic or non-economic damages

While your lawyer will know the types of damages accident victims often suffer, their focus will be on your unique damages. The more proof of harm they can gather, the stronger your case may be.

Filing Your Claim and Handling All Other Paperwork

Your lawyer will ensure the insurance company has received your claim or will file the claim on your behalf. The law firm will also draft and file all other claim-related paperwork and any lawsuit you pursue.

Working with Any Experts Who Can Strengthen Your Case

Lawyers and experts work hand-in-hand, as expert testimony can elevate an accident claim. Experts your lawyer works with may include:

• Experts in the specific field of accident you suffered
• Doctors and other healthcare professionals
• Mental health experts
• Experts in economics or your specific career

Experts may serve many roles, including issuing diagnoses, testifying about damages, and calculating case values. Your law firm will provide such expert services at no direct cost.

Negotiating a Financial Settlement

If your lawyer can negotiate a fair settlement with insurers or other liable parties, you won’t have to wait for a lawsuit or trial to resolve. Your lawyer will prepare all relevant evidence, documentation of your damages, and settlement calculations to make the most of settlement discussions. They will advise whether a settlement offer is favorable or not, so you can feel confident about accepting or rejecting each offer.

Talking with You About a Lawsuit (if Necessary)

Your attorney may realize that relevant insurers are not going to offer you a fair settlement. In this case, they may explain the benefits of filing a lawsuit. If you decide to proceed in civil court, your legal team will file the paperwork and take the next steps in the legal process.

Representing You at Trial (If Your Case Leads to Court)

Your legal team can keep negotiating a settlement after filing a lawsuit. If liable parties continue to ignore your lawyer’s settlement demands, they may inform you that a trial is necessary.

When a case goes to trial, a lawyer typically:

• Handles pre-trial processes like depositions and discovery
• Develops a detailed plan for winning at trial
• Organizes evidence and documentation in a way that is conducive to the trial setting
• Handles the unique aspects of a trial, like filing motions and voicing objections
• Encourages a jury to award you a fair sum for your damages

Your lawyer’s experience in the courtroom is immensely valuable.

Damages Your Lawyer Will Include in Your Case

Lawyers evaluate their client’s damages on a case-by-case basis. Some damages arise frequently in personal injury cases, which include:

• Medical expenses: You can’t discuss “personal injury” without “injury,” indicating why many plaintiffs face medical expenses. Your lawyer will account for emergency services, diagnostic imaging, doctor’s appointments, and all other recoverable medical costs.
• Pain and suffering: Personal injury lawyers often seek compensation for clients’ physical pain, emotional anguish, psychological distress, and conditions such as post-traumatic stress disorder (PTSD), depression, and anxiety.
• Property costs: Personal injury lawyers handle many cases that also involve property-related expenses. Your lawyer will account for all property expenses from vehicle damage to ripped clothing and temporary transportation costs when valuing your damages.
• Professional damages: Recoverable professional damages can include lost income, lost opportunities for promotions and bonuses, lost benefits, and diminished earning power.

There is a chance that you have more damages than those listed here. Your attorney and their team will identify and value all of your recoverable damages. Your legal team will then convince liable parties to pay fairly for your recoverable damages.

Injury Attorneys Handle Cases Involving Fatal Accidents

Personal injury lawyers represent clients touched by fatal accidents. Surviving loved ones, including spouses, may seek compensation for:

• Funeral costs
• Burial or cremation costs
• Any pain and suffering the decedent endured
• Survivors’ pain and suffering
• Loss of the decedent’s spousal support and companionship
• Loss of the decedent’s household services (like chore assistance, bookkeeping, and handiwork)
• Loss of the decedent’s income, employer-provided benefits, and other type of financial support

A financial recovery brings justice and support. While you may need compensation for expenses and non-economic damages, you also hold liable parties accountable for their wrongdoing by securing a settlement or verdict.

What Does It Cost to Hire a Personal Injury Lawyer After an Accident?

You will face no direct cost to hire an accident lawyer. The law firm will pay to complete your case, and the attorney will only receive a fee if they obtain a settlement or judgment for you. This low-risk arrangement compels the law firm to fight for all the compensation you deserve.

When Should I Retain My Personal Injury Attorney?

You should hire your personal injury attorney as soon as possible. There may be a strict filing deadline for your case, and it is critical that you do not miss this deadline. Start by hiring a personal injury lawyer today.