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The Basics of Filing a Personal Injury Claim

If someone caused an accident that harmed you, you might be able to seek compensation from the at-fault party by filing a personal injury claim. Typically, you start by pursuing a settlement with the other person's or entity's insurance company. You must provide evidence to support your assertions that the other party owes you financial recovery because their negligence or recklessness led to the accident. If you cannot resolve your case with the insurance carrier, you might need to file a lawsuit. A judge or jury would decide whether you should receive compensation and, if so, what amount.

At Bridges, Jillisky, Weller & Gullifer, LLC, we fight to protect the rights of accident victims in Union County. Schedule a consultation with us by calling (937) 403-9033 or submitting an online contact form today.

What Is a Personal Injury Claim?

A personal injury claim is an attempt to seek financial recovery when you have been injured in an accident through no fault of your own. Someone else's negligent or reckless actions are to blame for the harm you suffered.

However, although the at-fault party might be legally responsible, that doesn't guarantee they will willingly compensate you for your losses. In this situation, you can file a personal injury claim to pursue justice and hold accountable those who caused you harm.

In other words, a personal injury claim is a legal process that helps to protect your rights and allows you to take care of your losses and expenses associated with the accident. The goal is to help those who have been wronged get back on their feet and move forward without unnecessary financial burdens.

Who Can File a Personal Injury Claim?

Personal injury claims can be filed by accident victims injured because of someone else's actions or inactions.

Various situations give rise to a personal injury claim, including the following:

How Do You File a Personal Injury Claim?

One of the first steps in seeking financial recovery after an accident is by filing a claim with the at-fault party's insurance company. The company will investigate the incident to determine whether you have a valid claim. Their representatives might deny your case or offer a certain amount in compensation.

You do not necessarily have to accept the insurance company's initial decision. Whether your claim has been denied or you have been offered a low settlement, you (along with your personal injury attorney) can submit counterarguments and begin negotiations with the carrier to pursue a fair result.

What Evidence Do You Need for an Injury Claim?

When you pursue compensation from someone who caused your injury, the burden rests on you to prove that they are responsible and liable for damages.

You can provide various types of evidence to support your claims, such as:

  • Vehicle damage,
  • A defective product,
  • Torn clothing,
  • Medical records,
  • Bodily injuries,
  • Witness statements, and
  • Police reports.

Physical evidence, such as dents in your car or the injuries you sustained, must be preserved as soon as possible after your accident. You can take photos or videos of the damage. For something like a defective product, you can keep it in the state it was in at the time of the incident and refrain from tossing it or trying to repair it.

Will Your Case Go to Court?

Generally, you have two paths for pursuing compensation in a personal injury case. As discussed above, you can file a claim with the at-fault party's insurance company. Or you can take your case to court.

Often, personal injury cases go to court only if negotiations with the insurance carrier do not result in a just settlement. Most of the time, these matters are resolved before a trial. Whether your case will go to court will depend on your situation.

Schedule a Consultation with Our Firm

Personal injury cases involve several steps, each requiring strict attention to detail and following the proper procedures. With everything entailed, these matters can get overwhelming, especially when you're recovering after a devastating incident. Having a lawyer assist with your case can relieve you of some of your legal burdens and allow you to focus on your healing.

To speak with a member of our Union County team at Bridges, Jillisky, Weller & Gullifer, LLC, please contact us at (937) 403-9033.