A Guide on The Personal Injury Compensation Process

22 August 2022
 Categories: , Blog


Personal injury lawyers help you secure compensation for injuries covered by insurance covers or those caused by other people's negligence. Understanding the compensation process helps prevent anxiety and uncertainty once you engage the services of a personal injury lawyer. This excerpt details the personal injury compensation process. 

Do You Qualify for Compensation?

Once the lawyer receives your case, their first task is to examine you to understand the conditions in which the injury occurred and whether you qualify for compensation. Typically, the lawyer's primary objective is to ensure the negligence of the other party. For instance, if a car hit you, the lawyer should prove the driver's negligence. If not, it becomes difficult to secure compensation. In other cases, your case might not meet the minimum legal requirements. For instance, you cannot seek compensation for injuries suffered when conducting criminal activities. Moreover, the courts could nullify the compensation claim if the incident occurred more than three years ago. Alternatively, your lawyer needs to explain why you did not seek compensation at the time of the incident. For instance, you could have received a late diagnosis or were medically incapacitated. 

What Documentation is Needed?

Your lawyer's next task is to prepare the documentation needed to file the claim. Typically, they collect evidence to strengthen the claim. For instance, the lawyer could need some witnesses, police, or doctors' reports to prove negligence and explain the extent of the injuries. Medical bills go a long way in justifying the claimed amount. The lawyer also considers additional damages you could suffer as a result of the injury. For instance, you could have missed your wages, lost a business opportunity, or damaged personal property such as your expensive watch or phone. 

What Happens After the Claim is Filed?

Once the lawyer files the claim, the insurance company or negligent party could take one of two measures. They could deny the claim or initiate negotiations. If they deny the claim, the lawyer moves to court if they believe you qualify for compensation. In some cases, the insurance company or negligent company could explain the reasons behind the denial. For instance, it could be that you lied to your lawyer during compensation or left vital information about the incident. For example, maybe you were injured while drunk at work. If the other party initiates negotiations, they are likely to give a counteroffer. Once this happens, the lawyer justifies the claim or accepts a lower offer if it is reasonable. 

If the negotiations fail, your lawyer moves to court. However, negotiations could still be taking place behind the scenes. For example, the negligent party could offer a reasonable offer if they feel the court process does not suit their interests. Once the parties agree or the judge makes a ruling, you receive your compensation and sign a settlement contract.

For more information, contact a lawyer in your area.