Suffering an injury in Greeley after someone behaved negligently and caused an accident can be difficult. After you have sought medical treatment, you need to begin your personal injury claim.
It starts by contacting the insurer of the at-fault party, though it isn’t as simple as it may seem. If your injuries are serious, it is ideal to contact a personal injury lawyer in Greeley who can provide legal support throughout this process and help you fight for a fair resolution to your claim.
Filing a Claim with the Insurance Company
Ideally, you’ll start the claims process with a personal injury lawyer by your side. Many injured victims choose to do this on their own, but it often leads to challenges and complications. When you contact the insurer to file a claim for your injuries, they will ask you to submit forms and evidence to start the claim.
Insurance agents can be pleasant while they discuss your accident, but don’t be fooled. They’re trying to get you to warm up to them and potentially share information they can turn against you to either lower your settlement payout or reject your claim.
Even if they readily offer a settlement, you should be cautious. You may have only thought about the medical bills you already have without considering the other expenses or financial losses caused by the other party. Have you thought about the income you’ve lost and will continue to lose while you recover from your injuries? What about the costs of your future medical care?
These aren’t the only things that won’t be factored into that initial settlement offer. You may have other non-economic damages such as mental anguish, disfigurement, pain and suffering, and loss of enjoyment of life as a result of your injuries. Injured victims who are at this stage of their personal injury claim should set up a consultation with a personal injury attorney. Most offer free case evaluations to help determine the validity of a case as well as provide legal options, and since there is no obligation, it’s wise to gain this perspective from someone who has deep knowledge about Greeley laws.
Investigation and Discovery
When it becomes apparent that the insurer is offering a low settlement or denies your claim, your lawyer will begin by filing a complaint with the other party. Meanwhile, they will also investigate the accident that caused your injuries and gather evidence.
You may have taken photos and videos or spoken to witnesses at the scene of the accident. This evidence can also be used, but if you were severely injured and rushed to the emergency room, you might have been unable to take these steps. A personal injury lawyer will get to work finding evidence while it’s fresh.
This could be through surveillance footage, traffic cameras, interviewing the police officers who responded to the accident, getting official statements on the record from witnesses, and hiring experts. For example, after a car accident, an accident reconstructionist will usually be hired to show how the crash occurred. Your attorney may also enlist the services of medical experts who can review your injuries and explain how they will impact your life.
As investigations move forward, the discovery phase will also occur. This is when your lawyer reviews evidence from the defendant while sharing the evidence they have, which can be used as leverage in getting a full and fair settlement. If there is a great deal of strong evidence on your side, it is much more likely that your case will settle quickly for an amount that sufficiently covers your losses.
Negotiations
After evidence has been shared and reviewed, negotiations will begin. There may be some back and forth between your attorney and the defense attorney but personal injury cases will usually resolve during the negotiation stage.
Sometimes mediation is needed but when both sides can agree to the proposed settlement amount, the case will conclude. There will be paperwork that you’ll need to sign, including one for the release of the settlement. In exchange for the agreed-upon sum of compensation, you will sign a release to agree that you will avoid any further legal action.
With a personal injury lawyer, you will have someone that will make sure what you are offered is fair. If it isn’t, the legal process will continue.
File a Lawsuit and Go to Trial
Sometimes, round after round of negotiations won’t get you the desired results. If you’ve had an attorney helping you through this process, they will take the next steps and file your lawsuit. It is still possible that your case will settle agreeably even after this filing.
Most matters of personal injury are resolved before they head to trial, though your lawyer will have prepared for a trial at the start of your personal injury claim. They will gather all the evidence, summon witnesses and expert witnesses, and prepare a compelling case to present to the judge or jury.
While there are risks involved with taking a personal injury case to court, when the evidence is strongly in your favor, you may get the outcome you hope for.
Why It’s Important for Injured Victims to Understand the Personal Injury Claim Process
Knowing what lies ahead in the legal process can make the future feel more certain and less confusing, even though there is no way to guarantee the outcome of your case. Understanding this process allows you to make the best decisions in your case and avoid common issues that could lead to insufficient settlements, or being denied the money you deserve.
One of the biggest mistakes injured parties in Greeley make is talking to insurance companies without a lawyer. The insurers know the laws in the state and have their own legal teams, which is why it is highly advised that you protect your legal rights by hiring legal representation of your own right from the start.
