Personal injuries can occur in various ways, including car accidents, slips and falls, construction incidents, and other instances of careless or reckless behavior. Injured victims' financial strain due to hefty medical bills and the inability to work.
If someone else’s negligence caused your harm, you have the legal right to seek compensation for your losses. However, pursuing a personal injury claim can be overwhelming, especially when dealing with the defendant, their insurance company, and adjusters who may try to undervalue your case.
At the Law Offices of Jason B. Kessler, our experienced personal injury lawyers guide you through every step of the claims process. We gather evidence, communicate with insurers, negotiate, or litigate in court to protect your right to fair compensation.
Key Takeaways about Personal Injury Claims
- A personal injury lawyer can file your claim by investigating the accident, gathering evidence, negotiating with insurers, and taking the case to court if needed.
- Compensation varies based on injury severity, recovery time, shared fault, insurance limits, and the strength of your evidence.
- You can sue for personal injury when negligence, low offers, disputed liability, or severe harm is involved.
- Call a personal injury attorney to protect your rights, handle insurers, and pursue fair and just compensation.
How to File a Claim for Personal Injury
While individuals can technically attempt to process claims themselves, an experienced personal injury lawyer at the Law Offices of Jason B. Kessler can manage each step on your behalf.
Here are the steps of filing a personal injury claim:
Initial Consultation and Case Evaluation
The first step in filing a personal injury claim is a detailed evaluation of your case. A personal injury lawyer can review the circumstances of your accident, the nature of your injuries, and the potential damages you may be entitled to recover.
The process includes analyzing medical records, accident reports, witness statements, and any other relevant documentation. By assessing your case, a personal injury attorney can determine the strength of your claim, the liable parties, and the types of damages you can pursue.
Investigation and Evidence Gathering
A personal injury lawyer will conduct an investigation that involves collecting evidence to establish negligence and prove the impact of your injury. Evidence may include accident scene photographs, surveillance footage, medical records, professional opinions, and statements from witnesses.
A skilled attorney knows what evidence is most compelling and how to organize it to support your claim. They will not overlook any source of evidence that can diminish your compensation.
Demand Letter and Negotiation
A personal injury lawyer will prepare and send a demand letter to the responsible party’s insurance company. The demand letter outlines the facts of the case, the extent of your injuries, and the damages you’re claiming.
A personal injury attorney will use their knowledge of legal precedent and negotiation tactics to present a persuasive argument for fair compensation. They will also handle all communications with insurers, protecting you from tactics designed to minimize your payout or delay the claims process.
A personal injury lawyer will evaluate any settlement offer from an insurer. They can also advise you whether to accept, reject, or negotiate for a higher settlement value.
Filing the Claim or Lawsuit
A personal injury attorney can file a lawsuit if negotiations with the insurance company do not result in a fair settlement. They prepare all necessary legal documents, meet strict procedural requirements, and file the claim within the applicable statutes of limitations.
They will also handle the entire process, from drafting the complaint to submitting it to the appropriate court.
Discovery and Pre-Trial Procedures
A personal injury attorney will manage the discovery process during the court process. The process involves exchanging information with the defendant, deposing witnesses, and gathering additional evidence to support your case.
A personal injury lawyer will also handle pre-trial motions, settlement discussions, and any necessary hearings.
Trial Preparation and Representation
If your case proceeds to trial, a personal injury attorney will prepare a compelling argument on your behalf. They will organize evidence, prepare witness testimony, and present professional opinions to demonstrate the full impact of your injuries and the defendant’s liability.
During trial, your attorney advocates for your interests, negotiating, objecting when necessary, and ensuring that your claim receives fair consideration by the judge or jury.
Post-Trial and Settlement Handling
Even after a trial or settlement, a personal injury lawyer continues managing your case. They distribute the compensation and handle any liens or outstanding medical bills.
A personal injury attorney also handles the appeals process, providing comprehensive support until your claim reaches full resolution.
How Much Money Can You Get From a Personal Injury Claim?
There is no average value you can receive for your personal injury claim. The amount of money you may recover from a personal injury claim depends on multiple factors that influence the value of your case.
Here are the factors that influence how much you can receive for your claim:
Severity of Injury
The severity of your injury can determine whether you’ll receive a higher or a lower settlement value. Minor injuries, such as a sprained wrist or minor cuts, may result in lower settlement amounts to cover medical expenses and lost income.
In contrast, severe injuries like spinal cord damage, traumatic brain injuries, or broken bones that require surgery and rehabilitation typically result in higher compensation. Severe injuries deserve higher settlement values to cover long-term limitations, ongoing medical care, and a greater impact on your ability to work and enjoy daily life, all of which increase the potential value of your claim.
Availability of Evidence
You need evidence to prove the validity and value of your personal injury claim. Strong documentation enhances your case and can increase your recovery. Types of evidence that can improve the value of your claim include:
- Medical records and treatment history
- Diagnostic imaging such as X-rays, MRIs, or CT scans
- Witness statements corroborating the incident
- Photographs or video of the accident scene
- Police or accident reports
- Professional testimony regarding the impact of the injury
- Employment records demonstrating lost income
Shared Fault
Shared fault arises when the injured party is partially at fault for the accident. If you are partially responsible for the accident, your compensation is adjusted proportionally. For example, if a court assigns you 20 percent fault, the total settlement or award decreases by that percentage.
In some jurisdictions, courts bar recovery entirely if your responsibility exceeds a set threshold, such as 50 percent.
Insurance Coverage
The insurance coverage of the negligent party is primarily the source of compensation for the injured party. The amount of compensation you can recover, therefore, depends on the insurance coverage of the at-fault party.
A policy with low limits may restrict the maximum payout, even for severe injuries. Conversely, higher coverage or additional umbrella policies can increase the potential recovery. A personal injury lawyer can explore other sources of compensation, including the uninsured/underinsured coverage or a lawsuit against the negligent party.
Legal Representation
Hiring an experienced personal injury attorney can enhance the value of your claim. Here’s how a personal injury lawyer can enhance the value of your claim:
- Gather and organize all necessary evidence
- Communicate with insurance companies on your behalf
- Negotiate higher settlements
- Hire professionals to support your case
- Ensure compliance with legal procedures and deadlines
- Advocate for fair and just compensation in court if necessary
Duration of Recovery Period
The length of your recovery affects the total compensation you may receive. Short-term injuries that heal within weeks typically result in modest compensation, while long-term or permanent injuries often yield higher awards.
A personal injury attorney can utilize evidence supporting your recovery period, such as medical records that show the duration of treatment or physical therapy notes that document rehabilitation. They can also substantiate your claim and quantify both current and future damages.
Can I Sue Someone for Personal Injury?
Yes, you can sue someone for personal injury when you've suffered harm due to another party's negligence or wrongful actions. While many cases settle outside court, certain circumstances necessitate a personal injury lawsuit.
Here are a few reasons to sue after a personal injury lawsuit:
A Severe Injury or Permanent Disability
Catastrophic injuries resulting in permanent disability, chronic pain, or life-altering limitations require substantial compensation. A personal injury lawyer can file a lawsuit to present professional medical testimony, life care planning assessments, and economic analyses that demonstrate the financial impact of your injury.
The court process ensures you recover damages for future medical care, lost earning capacity, and diminished quality of life.
Low Settlement Offer
Insurance companies often propose inadequate settlements, hoping you'll accept quickly. A personal injury lawyer can leverage the lawsuit to demonstrate your willingness to go to trial, pressuring insurers to increase their offer.
A personal injury attorney can conduct discovery during litigation to uncover additional evidence strengthening your claim's value.
Disputed Liability
You can file a lawsuit when the insurer or the negligent party contests fault. A lawsuit allows your attorney to subpoena evidence, depose witnesses, and engage accident reconstructionists who can establish the defendant's negligence.
Uninsured Party
Suing an uninsured defendant directly enables your lawyer to pursue their personal assets, earnings garnishments, or property liens. A personal injury attorney can also explore whether other parties share liability or if your own uninsured motorist coverage applies.
Wrongful Death
You can initiate a lawsuit when negligence causes a loved one's death. A personal injury lawyer can pursue compensation for funeral expenses, lost financial support, loss of companionship, and emotional suffering.
Reckless Conduct
You can initiate a lawsuit for a personal injury claim involving drunk driving, road rage, or intentional harm. A personal injury attorney can argue for additional compensation beyond economic losses, punishing the defendant's egregious behavior and deterring similar conduct.
An experienced personal injury lawyer can evaluate the circumstances of the crash and determine whether a lawsuit is the most suitable option.
When to Hire a Personal Injury Attorney
You should hire a personal injury attorney as soon as you realize your injuries may require medical care or can affect your daily life. A personal injury lawyer can step in early to handle communication with insurance companies, preserving your rights from the start.
You may also need a personal injury attorney if the insurance company is delaying, denying, or undervaluing your claim. They understand how to gather evidence, prove liability, and estimate the value of your losses.
You should also hire a personal injury attorney if your case involves serious injuries, disputed fault, or multiple parties.
Personal Injury Lawyer Frequently Asked Questions
Why Is My Case Taking So Long?
The success of a personal injury lawyer requires comprehensive medical documentation, thorough investigation, and strategic timing. A personal injury lawyer must wait until you reach maximum medical improvement to negotiate with insurers and build the strongest possible case.
Can I Make a Personal Injury Claim Myself?
While you can file a claim independently, working with a personal injury attorney enhances your chances of success. A personal injury lawyer understands legal deadlines like statutes of limitations that can permanently bar your claim.
How Long Do You Have to Make a Personal Injury Claim?
State statutes of limitations establish the timeframe to filing a personal injury claim, which varies by state. For example, New York typically allows three years from the date of the accident to file a lawsuit.
Missing the three-year deadline usually means losing your right to compensation.
Speak With Our Experienced Personal Injury Attorneys
Personal injuries can turn your life upside down, leaving you with a reduced quality of life and facing bills that weigh you down. Similarly, the actions of insurers to downplay your injuries or losses can add to the frustration of your pain.
Our experienced personal injury attorneys at the Law Offices of Jason B. Kessler are here to support you after an accident. We can fight aggressively for your right to compensation, so you can focus on healing, rebuilding, and reclaiming life without despair. Contact us online or at (914) 220-1088 for a free case evaluation.