In our judicial system, personal injury falls under tort law. This is a branch of civil law that deals with injury or harm to one person caused by another person’s actions. A personal injury claim can apply to car accidents, defective products, or medical malpractice.
They also involve insurance companies that are traditionally reluctant to pay on claims. Those carriers will look for any excuse to deny or force a lowball offer.
That’s when you need to involve an experienced Cherry Hill personal injury lawyer.
In fact, it would be beneficial if you got that attorney involved before you make your first contact with an insurance company. That can go a long way towards protecting your rights and ensuring that you get the maximum settlement allowed.
If you are facing a situation where you need to file a personal injury claim, it will help to understand the process and potential challenges you might face.
Understanding the Initial Steps of a Personal Injury Claim
What you do in the immediate aftermath of an accident will have a direct impact on the outcome of your personal injury claim. You might be overwhelmed by an injury, but it is vital to follow these steps to fortify your claim:
Step 1: Seek Immediate Medical Care
You need to prioritize your health and seek out immediate medical care. Just because you were able to walk away from an accident doesn’t mean you weren’t injured. Bruises, aches, pains, and other injuries might not show up for hours or even days.
If you see a doctor within 24 hours of the accident for an initial exam, you’ll establish a medical record that will become a crucial part of your claim.
That examination might also reveal an issue that requires treatment.
Step 2: Report the Accident
Any accident that causes injury or property damage needs to be reported.
The first report should come from law enforcement. Even if they don’t respond to the scene of the accident, you can still file a self-completed crash form with the Cherry Hill Police Department. You might also be required to report the accident to your insurance company.
That might not be your official claim; that could come later.
Step 3: Gather Evidence
The more evidence you can gather that relates to the accident, the stronger your claim can become. That evidence can include photos of the scene and your injuries.
It can also include your medical reports and estimates for car damage repair or replacement.
Step 4: Contact an Attorney
It is important that you understand all your options for filing a personal injury claim.
An experienced personal injury attorney can provide you with the information you need to make the right decision.
Step 5: Avoid Social Media
Although you might be tempted to share what happened to you online with your friends, you should avoid posting on social media altogether until the matter is resolved.
Anything you post can be used to diminish your claim.
The Role of Medical Evidence and Maximum Medical Improvement
After any accident, the hope is that you’ll be able to return to work and your daily routines.
For that, you have to reach the Maximum Medical Improvement (MMI). This is the point where your injuries have stabilized and cannot be improved further. For instance, if you break your arm and it is put into a cast, when the cast is removed, and you have use of the arm again, you would have reached your MMI.
The MMI is not something you decide; it is provided by your doctor. It will be part of your medical evidence that will determine the validity of your claim and the extent to which you’ve suffered.
An MMI is also supported by consistent medical documentation, which will enhance your credibility.
It’s one thing to say you’re in pain, but it helps to have diagnostic tests and confirmation from a doctor that the pain is real.
It’s also important to note that an MMI declaration doesn’t always mean you can return to work. If your injuries require long-term care, your MMI will reflect that. That will be crucial to understand when calculating the total cost of all your damages.
Negotiating With Insurance Companies and Demand Letters
Once you’ve reached your MMI and have worked with your attorney to calculate your economic and non-economic damages, you’ll enter into the negotiation phase of your personal injury claim.
The first phase of the negotiations involves your attorney sending out a demand letter. If that sounds harsh, it’s supposed to be. This is not a time for “wiggle room.” An effective demand letter will include the following:
- Detailed incident description
- Medical records and prognosis
- Financial losses
- Pain and suffering
- Specific compensation demand
A demand amount should be justified and supported by hard evidence. It should also leave room for negotiation. There will most likely be a counteroffer from the insurance company that comes in lower than you expect.
The objective should be to meet in the middle on a number that is acceptable for covering your losses.
Why Some Personal Injury Claims Proceed to Litigation
After all the negotiations, you might still hit the proverbial wall with the insurance company.
Sometimes they dig in and won’t offer a fair settlement. They might also try to use the New Jersey modified comparative negligence to shift some of the blame to you in an effort to reduce their exposure. These are some of the reasons why your attorney might advise you to consider filing a civil complaint.
The legal team at Folkman Law is all too familiar with the tactics insurance companies deploy to protect their bottom line. We’re not intimidated by the prospect of pivoting a claim to a courtroom.
Our growing list of successful outcomes demonstrates our resolve and our commitment to fighting hard for our clients.
If you’ve been injured because of someone else’s negligence, you owe it to yourself to talk with Folkman Law. We can answer your questions and guide you toward the best course of action for your personal injury claim.
Call to schedule a talk today.
