At first glance, the steps in a personal injury claim seem straightforward. File your claim, try to reach a settlement, and go to court if necessary. However, there are established procedures for those who wish to file a personal injury claim and a general timeline for pursuing it to the extent possible.
If you’re wondering what a personal injury claim entails, read on for our easy-to-follow step-by-step claim guide.
Make a claim for bodily injury
First step: appoint a representative
First of all, you will need reliable legal representation if you are planning a claim. A good personal injury lawyer will be able to easily guide you through the process. – leaving less to chance.
It is worth noting that all complaints must be lodged within 3 years from the initial crash, too.
Step two: investigate the complaint
Once you have selected the lawyer of your choice, you will be able to give all the details to your lawyer. Then it will be up to your lawyer to investigate the claim and decide who is to blame for your accident.
They will examine whether your injury is the result of an accident or negligence. In the first case, no complaint can be made.
You will also need to complete your pre-action protocols if your lawyer determines that your injury was the result of negligence.
Step three: issue a letter of complaint
Once it has been decided where the blame should be assigned, your lawyer will send a letter outlining the details of the claim to the third party. Then they can decide to accept or deny the blame.
Step Four: Settlement Negotiations
To avoid legal proceedings, the next step is to start negotiations. At this point, a potential settlement can be negotiated, whether liability has been accepted or denied.
If all parties want a fair settlement to be reached amicably, it is best to reach an agreement at this stage.
Fifth step: legal proceedings
If no agreement is reached during negotiations, legal proceedings will begin. While this can be intimidating, don’t let that put you off. In fact, only a small minority of cases end up going to court.
The bottom line is that the legal system can be complex to say the least! However, when broken down into simple steps, the whole process becomes a lot less intimidating. From choosing your lawyer to pre-action protocols and out-of-court negotiations, our guide makes filing a claim easier.
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