Data from the RunSensible shows that in 2024, personal injury claims in the United States reached a total of approximately 400,000 cases. Motor vehicle accidents remain the leading cause of personal injury claims, accounting for approximately 52% of cases.
If you’ve been injured due to the negligence or wrongdoing of another person, company, or entity, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other related damages. A personal injury claim is a legal process that allows you to seek justice and hold the responsible party accountable for their actions.
This article offers a step-by-step guide for filing personal injury claims in Charlotte, NC, and other states.
Contents
Understanding Personal Injury Claims
Understanding personal injury claims is important, especially if the incident resulted in a serious injury. Personal injury laws entitle you to receive compensation for your medical bills, lost wages, and suffering.
To have a valid personal injury claim, you must establish a clear link between the other party’s negligence and the injury you suffered. You can build a strong personal injury case by clearly defining terms like liability, damages, and statute of limitations.
Understand the type of personal injury claims, including auto accidents or slip-and-fall claims. Researching relevant information about these two alone will help you handle the legal process efficiently and improve your chances of receiving adequate compensation for the pain you have suffered.
Gathering Evidence and Documentation
Corroborative evidence and supportive documentation will strengthen your case by adding credibility to your claims. Compile and organize all relevant evidence, including photographs of the accident scene, visible bruises, property damage, etc.
Personal injury defense attorney Douglas Shaffer says you need to get a copy of the police report and of witness statements that can back up your claims. Save your detailed medical records of injuries, treatment, and any correspondence with your insurance company.
If possible, have a journal that lists the effects or changes you have experienced in your life ever since you suffered an injury. Clear and thorough evidence will result in a stronger claim.
Calculating Your Damages
One of the key aspects of evaluating personal injury cases is calculating the damages you have sustained.
Economic damages refer to tangible damages, such as medical costs, lost wages, and property damage. Calculating this type of damage requires presenting relevant receipts and other records that accurately reflect your expenses.
Non-economic damages include physical pain and suffering. This type of damage is referred to as emotional discomfort and can be difficult to quantify. Lawyers frequently use the multiplier approach to quantify non-economic damages, which involves multiplying the total economic damages from an incident by a factor that typically ranges between 1.5 and 5. The multiplier factor will depend on the severity of the injury.
Filing Your Claim
You must gather all case-related documents and evidence before filing your claim. These documents can manifest in different forms, such as witness statements, medical records, police reports, photographs, and images of the accident’s immediate environment.
Keep in mind that you will be filing a claim against the offender’s insurance company. See to it that you fill everything out correctly and append all the necessary documents.
Record each and every paper you present. After filing, you will receive a claim number so as to monitor the status of your claim. Prepare to answer the questions from the insurance adjuster. To anticipate and respond to questions, ask your lawyer to tell you what to expect.
Negotiating a Settlement
After filing a lawsuit, you need to deal with the insurance company and negotiate a settlement.
You will be required to collect supporting documents, such as medical bills and reports of the accident, to substantiate your personal injury claim. In your demand, specify what you are requesting, such as payments for medical expenses, lost wages, and pain and suffering.
Any subsequent counteroffers will need to be considered, and you should seek professional legal advice when weighing them against all other offers. Your attorney will assist you in understanding and explaining whether the counteroffer adequately compensates for your damages and is consistent with the legal goals of your case.
