When it comes to filing a personal injury claim there are few basic steps to be followed. This is in order to bring an injury-related insurance claim or lawsuit after an accident. Previous articles and this one will discuss some of these basic steps.
Three Basic Steps: Personal Injury Claims
Firstly, there are almost as many different kinds of personal injury cases as there are different ways of getting injured. There are car accidents, slip and fall accidents, medical malpractice, products liability, etc. Personal injury law covers a broad range of incidents; therefore, no two cases follow the exact same timeline or course. The manner in which a case follows depends on the severity of the injuries that result from the incident. As well as clarity on certain issues. Further, if the incident is covered by an insurance policy or not affects how the personal injury case plays out.
Below are three key elements relating to a personal injury claim:
- To file or not to file a lawsuit
It is likely that you have heard that the majority of personal injury cases never reach trial. Most often than not they are settled before a lawsuit is even filed. Where insurance coverage is in place, the injured individual can file a ‘third party’ claim against the defendant’s insurance carrier. This will need the person’s insurance carrier’s name, their policy number and following procedures of claiming against their insurance carrier. In the event that the claim stalls or settlement negotiations breakdown then a personal injury lawsuit process can be started. However, take note of the personal injury statute of limitations of the state you are in. The state of Florida has a four-year personal injury statute of limitations.
For more information on the process of filing a personal injury claim or lawsuit, contact the Vinson Law Office today.