How a Lawyer Can Help You with Your Injury Insurance Claim

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Posted on Saturday, June 1st, 2024 at 7:53 pm    

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Were you injured in a car accident due to someone else’s negligent actions? Are you looking to file a personal injury claim against them to recover compensation? A knowledgeable personal injury lawyer can make your claim go smoother.

Personal injury lawyers provide a wide variety of services throughout the entire claims process. From your very first consultation to the receipt of your final compensation check, your attorney will be looking out for your best interests.

Evaluating Your Case

One of the first things your attorney will do is evaluate your case. They’ll identify the strong points of your case so they know what to highlight in negotiations and at trial. And they’ll identify the weak points to know what to fight back against.

Think of this phase as setting the stage. A thorough case evaluation means your attorney will be better prepared for what’s to come throughout the rest of the personal injury claims process.

Gathering Supporting Evidence

Supporting evidence is the backbone of any injury claim. You need to prove that the opposing party acted negligently, that their actions caused your injuries, and that you suffered damages (losses).

In a car accident injury case, there are various forms of evidence your attorney could collect, including:

  • Footage from nearby traffic or security cameras that show the crash, the events leading up to the collision, or the aftermath of the crash
  • Statements from eyewitnesses who saw the crash happen
  • Testimony from expert witnesses about the crash or the impact the crash has had on your life in terms of injuries and finances
  • Medical records detailing the extent and severity of your injuries and the treatments you’ve undergone and will continue to undergo
  • Documentation of your lost wages

Attorneys are experienced in collecting evidence and often have relationships, such as with expert witnesses, to facilitate this part of their job.

Calculating Your Losses

Using your medical and financial documents, your attorney can begin calculating how much compensation your injuries are worth. Your economic damages are your losses that have tangible costs associated with them. They include:

  • Your medical bills, including for both past and future (expected) surgeries, hospital stays, medical treatments, medical devices, and prescription medications
  • Your past lost wages from missing work while you recovered and future lost wages due to your inability to work or inability to work in the same capacity you once could
  • The value of household services you can no longer perform that you now must pay someone else to do, such as yard work

In addition to economic damages, you may also have non-economic damages. Because your non-economic losses don’t have tangible costs, they can be harder to price. They include:

  • The pain and suffering you experienced as a result of your injuries
  • The mental anguish you experience as a result of your injuries
  • The loss of enjoyment of life if your injuries prevent you from doing the activities you once enjoyed
  • The loss of a spousal relationship if your injuries turned your spouse into your caretaker

Filing Your Claim

Once your attorney has a valuation for your case, it is time to file your claim. Per Illinois law, the statute of limitations for personal injury claims is two years. This is the deadline within which you must file your claim for it to be valid.

Your attorney will file your claim correctly and within this timeframe. They’ll also assist you with filing any other forms you need throughout your claims process. The various deadlines in a personal injury case can be challenging to track if you’re unfamiliar.

Negotiating with Insurance Providers

Before your case goes to trial, you will likely have settlement negotiations with the opposing side. Having an attorney for this process is vital since the at-fault party’s insurance provider will have their own attorneys.

If you do not have an attorney, the opposing counsel may attempt to take advantage of you by making a lowball offer. They’ll expect that you don’t know what your claim is worth and that you’ll accept what they propose.

If you have an attorney present, however, it is less likely that the opposing counsel will try to pull a trick like this. If they do, your attorney can spot it and provide legal advice.

You also don’t need to be personally involved in the settlement negotiation process. Your attorney can handle the negotiations on your behalf and will check in with you before accepting any offers made.

Representing You in Court

While most lawsuits end in a settlement, your case may go to trial. For this reason, you should look for an attorney with trial experience and a track record of success.

At trial, your attorney will present all the evidence gathered in your case and seek maximum compensation. Since the opposing party chose not to settle or didn’t provide an acceptable offer, this is your chance to ask for the total amount you want.

Collecting Your Compensation

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Whether you settle your case or win a compensation award at trial, the final stage of your claim is collecting your money. Collecting your compensation may be pretty straightforward in the event of a settlement. The funds may come in full from the at-fault party’s insurance provider.

If you win a large sum from a trial, however, it may be challenging to collect the total amount if it exceeds the at-fault party’s insurance policy. If so, your attorney can petition the court to enforce the judgment on your behalf.

Chicago, Illinois, Personal Injury Attorney

Have you been injured in a car accident caused by someone else’s negligent actions? A car accident injury attorney can assist you in seeking compensation for your injuries through a personal injury claim.

Contact Wallace Miller online or at (312) 261-6193 for a free consultation with one of our experienced personal injury attorneys. We’ll review your case and help you understand your legal options so you can make the best choice for your future.

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