Guide to Claiming a Personal Injury Compensation
Have you ever had to claim for compensation for an accident? If it’s your first time to fall a victim to injury then you may not know who to make an accident claim. NYC personal injury lawyer can help you make your injury claim.
After suffering an accident, most insurance companies do not compensate you accordingly. So, it is essential to consult an expert personal injury lawyer to help you get fair compensation.
To file a successful claim, there some simple but important steps that you must follow. Check them out below!
Is The Accident Is Reclaimable?
The first step is to check whether the accident is reclaimable or not. Fill out the accident claim form with all the details involving the accident and state the injuries incurred and the property damage.
Provide All the Necessary Documents
Some of the documents required to make a claim include medical documents and tickets or invoices for expenses you spent. The documents must be in good and readable condition.
Validation of Your Claim
After filing your claim, the documents must be evaluated to determine if they are viable. Keep in mind that, throughout this validation process, your attorney will inform you if you have to provide any more documents, or if you have to correct any of the ones you have uploaded.
Initiating Your Claim
When the claim is validated, your lawyer then proceeds to file a substantiated claim with the insurer requesting payment of your full compensation.
The insurance company must offer a motivated offer in three months after which you’ll decide if you want to accept it or not.
If it does not convince you and you do not accept it, your attorney will file a court claim. This legal process may take a minimum of 6 more months depending on the court in which it falls and the workload therein.
The Court Sentence
After filing the claim, it is still possible to reach an agreement with the insurance. It is very likely that before the trial they usually make an offer that is close to the amount that is claimed and, thus, terminates the judicial procedure.
If this is not the case, the opposing party responds to the claim and sets a date for the trial hearing, after which the judge issues the judgment.
If the sentence is unfavorable, depending on the case, the personal injury lawyer advises you whether it is feasible to appeal and go to a second instance to review your case or advise you to leave it at this step.
If it is favorable, the judgment also includes the compensation assigned to you by the judge plus the corresponding interest.
Whether you’ve reached an agreement or have obtained a judgment, you can receive your money in two ways. The insurer may pas you directly or the court will transfer the money to you through the prosecutor of your case. In some cases, the money is transferred to your lawyer who forwards it to you.