It may come as a surprise, but most civilians are not fully aware of their legal rights, which can cause a lot of confusion and uninformed actions following an injury. It is extremely important that you know your rights and the steps to take after an accident as they affect the process of your case. If you have been injured recently, here’s how to know if you are entitled to compensation.
Check What Type of Claim You Need to File
If you have suffered an injury due to medical negligence or malpractice, road traffic accidents, vacation or work accidents, crime or military-related injuries, product defects, substance exposure, or abuse, then you may be entitled to personal injury compensation. If you were injured at work, however, some work-related injuries could mean you qualify for worker’s compensation. Unless your case involves your employer, most claims fall under personal injury law. It is important to check what type of claim you need to file as you will need to engage the services of a lawyer who specializes in that field.
Know Your Insurance Policy
You will need to know how to make a personal injury claim with your insurance policy. However, it is in your best interest to avoid making any arrangements with insurers until you have spoken to your lawyer. After an accident, there will be the at-fault party trying to sweep as much of the damage under the rug and perhaps trying to give you money then and there to avoid going to court. You will also have insurers trying to make a settlement. The problem with this is that it is a chance for them to pay less by downplaying your injuries. Therefore, you should first consult a trusted law firm; they will help you determine the process with your insurance policy in mind when it comes to filing a personal injury claim.
Dealing with insurance and the other party can be overwhelming, which is why no one should have to endure this scenario alone. As the Denver Personal Injury Lawyers at www.olsonlawfirm.com explain, finding a lawyer that will also focus on you and your needs is paramount. With the right attorney by your side, they will help you handle insurers and the other party in the most comfortable way, ensuring you receive your rightful compensation.
Know the Statute of Limitations
Time duration is a key aspect in determining whether or not you’re entitled to compensation. While most states provide a 2-year limit, it’s best to check first to ensure you don’t miss the deadline. There are some states that offer a 3-year window to file a claim. If you fail to file within the designated time, this can result in you receiving no money at all.
Identify Who Is Liable
It is extremely important that you don’t take responsibility for your own injuries until your lawyer has sifted through the evidence. However, it is a good idea to write down anything you remember as early as you can in case your injuries are severe and cause you to forget. Once you and your attorney have gone over everything, they will help you piece together the event and identify who is liable for your injuries. If the other party can prove that you took some responsibility for the accident, you may lose money. If you can prove that your suffering is a result of the other party’s negligence or recklessness, you have a better chance of getting maximum compensation.
Learn the Different Types of Claims
If you are filing a personal injury claim, it’s important to know that there are two types of compensation available to those putting forth personal injury claims: general and special damages. General damages involve compensating you for the injuries you incurred as well as the pain and suffering you have endured.
Special damages, on the other hand, will reimburse you for the medical and other expenses you have had to deal with as a result. Depending on your situation, a judge will determine which type of compensation is most fitting. It will therefore be difficult to estimate how much money you will receive. The best-case scenario is to have a good attorney represent you to ensure you get maximum compensation.
If you want the best possible outcome, you need to gather as much evidence as you can and avoid discussing your case with the at-fault party, or even insurers, until you have spoken with a qualified lawyer. Then, together you can determine how to receive fair compensation. Referring to this guide will help understand what it takes to be considered entitled to compensation following an injury.