Here at Brandy Austin Law Firm, we practice a variety of law. Including but not limited to personal injury law. Personal injury is any physical or mental harm caused by another party’s negligence as our Dallas, TX personal injury lawyer who has received a 10.0 rating from Avvo can share. Filing a personal injury claim can seem daunting, but with the right guidance filing the claim can be a smooth process. Here are the steps to filing a personal injury claim.
1. Seek Medical Attention. The whole basis of your case will be that the negligent party has caused some kind of injury to you. To prove this make sure to seek immediate medical attention. Whether the injury be large or small, seeking medical attention is essential for your case. If you are trying to prove IIED (intentional infliction of emotional distress) or NIED ( negligent infliction of emotional distress, make sure you see a psychologist or someone who can confirm distress was inflicted as this information can affect the types of damages you are able to claim in a personal injury case.
2. Evidence. Make sure that you save anything that is involved with the potential case. If you have any pictures or videos make sure to save those. Gathering things like these can immensely help your case and your attorney. If you sought medical attention, make sure to save any medical bills, reports, and orders the doctor gives you. This can help the court decide compensation amounts if the trial gets to that point.
3. Notify. Make sure you notify anyone who is involved in the claim that this claim is going through. You may want to file a complaint with the facility you got injured in, or notify the authorities of any issue of that nature related to your injury. Notify your insurance provider as well.
4. Consult An Attorney. If you haven’t already, now would be a great time to consult a personal injury attorney. With an attorney, you will be able to understand your case more clearly from a legal perspective to know what things to avoid during your lawsuit and will be able to examine your options moving forward. Make sure that when you find an attorney, you find one that is a good fit for you. You and your attorney will have to be a team throughout the case so this is very important.
5. Send A Demand Letter. Now that you have an attorney, the next step will be to send out a demand letter. A demand letter is essentially a document sent to the opposing party outlining the facts of the dispute and demanding that they take action. Sending a demand letter is the formal beginning of your personal injury case because now the other party has been formally informed of this case against them.
6. Negotiations. Once the demand letter is received, your attorney may start negotiations with the opposing party. Most personal injury cases are settled outside of court so this may be where your case comes to an end.
7. Trial. If the negotiations do not work and an agreement is not reached, your attorney may take your case to trial
It is extremely important to do proper research before even deciding to go through with a personal injury claim. Following these steps and getting assistance from an attorney can help you navigate the process and the case overall. Contact a lawyer rated by Super Lawyers at the Brandy Austin Law Firm for help today.
