subject: The Ins And Outs Of Injury Claims [print this page] An injury claim is a legal proceeding resulting from injury sustained by the negligence of another due to an accident, defective product, or faulty service. These cases may be lengthy and complicated at times, and having a clear understanding of the steps involved in the resolution of such cases can prepare an individual for the events to come. For detailed information related to a specific case, one should consult with the injury claims advice professional whose services they have retained. This attorney is there to represent the interests of the client, as well as to keep them informed of the progress of their particular case.
But the key first step toward a successful injury claim often takes place before the first phone call to your injury claims advice professional. The collection of data regarding the incident with which the case involves is often critical. Police reports of automobile accidents, photographs or video of the scene of an accident, as well as witness statements need to be obtained as early as possible. Medical care should be sought, and detailed records kept of all injuries sustained for future use in potential court proceedings. Failure to collect the appropriate information could be detrimental to the outcome of your case. After you have contacted and retained the services of an attorney for injury claims advice, it is common for a demand letter to be sent to the individual that caused the injury, their attorney, or their insurance company. This letter will usually describe your injury and the circumstances which led to it, request a settlement amount, and include a due date for their response. If a settlement is not agreed to, a lawsuit will be filed on behalf of the plaintiff, or injured party, and all documents related to the injury will be filed with the court.
The next phase of the proceedings includes discovery and pre-trial motions. In discovery, both parties involved work to collect information from each other regarding the case, while pre-trial motions may be concerned with the validity of the case, discovery, or other issues. If there is still no settlement reached between the parties, the trial phase will begin. Both sides will present their argument in front of a judge or jury and a decision will be made. If the judgment is in favor of the plaintiff, damages will be decided. Appeals may be made by either side if legal errors are believed to have occurred. Collection of damages may take place after the appeals process (or if one is not filed). The quality of the injury claims advice received is critical to the outcome of the proceedings.
by: Johnathon F Black
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