Injury Claims: What You Need to Know and How You Can Win
March 9, 2023
What You Can Do to Prepare for a Personal Injury Lawsuit
March 29, 2023A personal injury claim is a legal process in which an individual who has suffered some form of injury or harm due to the negligence or intentional act of another can seek monetary compensation. The compensation is intended to cover medical expenses, lost wages, pain, and other losses.
Understanding the personal injury claims process and the various steps involved is essential. They can become complicated and stressful. But with the proper knowledge and guidance, employees can easily navigate the legal system. But which stages should they go through?
The Insurer Stage
The first stage in the personal injury claims process is to contact the insurance company. The individual must provide all the necessary information regarding the incident and their injuries, while the insurance company will review the claim and may offer a settlement.
If the offer is accepted, the individual can take it and move on. Although it is a proactive approach, the insurer stage usually prevents companies from going through the costly litigation stage. They may need to proceed to the next step if they still need to.
1. Follow-Up With Doctors
The next step in the personal injury claims process is to follow up with doctors. The injured person should keep a detailed record of any medical appointments, treatments, and medications they receive. The information will help the insurance company evaluate the claim.
2. Attend Expert Assessments
The injured party may need to attend expert assessments to help evaluate the extent of their injuries and their impact on their lives. It can include a medical examination, a functional capacity evaluation, or a psychological assessment.
3. Coordinate Section B Benefits
The injured person should coordinate with the insurance company to ensure they are eligible for Section B benefits, including any medical and rehabilitation costs, income replacement benefits, and other benefits.
The Litigation Stage
The litigation stage begins if an agreement cannot be reached and the injured person decides to proceed with a lawsuit. The next step involves filing the case, gathering evidence, and preparing for a trial.
Usually, clients only seek the litigation stage when claims are not resolved during the insurer stage. For instance, if they each have the maximum medical improvement, the adjuster wants to avoid paying a reasonable amount for the injuries, harm, and losses.
Other reasons include whether the adjuster believes the case falls under the Minor Injury Regulation. Lastly, the litigation kicks in if the adjuster disputes contributory negligence, injury causation, or the seriousness of the implications.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is a dispute resolution process that does not involve going to court. It is a process that is used as an alternative to litigation. ADR can be used in various legal disputes, including personal injury cases.
Some of the most common types of ADR include mediation, arbitration, and negotiation. A neutral third-party mediator works with both sides to reach an agreement. In arbitration, a neutral arbitrator hears both sides of the dispute and makes a binding decision.
The parties involved in the dispute negotiate directly to reach an agreement. The main advantage of ADR is that it can be a faster, more cost-effective way to resolve a dispute than litigation.
Conclusion
When someone is injured in an accident, the first step is to file a claim with the insurance company. The injured person can pursue a lawsuit if the claim is not accepted. The litigation stage begins if an agreement cannot be reached and the injured person decides to proceed with a lawsuit. Sometimes, the parties involved in the dispute may go through an Alternative Dispute Resolution (ADR) process instead of litigation.
Latin Law Group is an injury law group in Atlanta that helps clients achieve workers’ compensation from personal injury claims. Our team of lawyers works hard to get the compensation our clients deserve and the best deals they can achieve. Learn more through our personal injury lawyer by browsing our website today.
