How to File Personal Injury Claims: Everything You Need to Know

Aug 21, 2022

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Originally Posted On: https://cooktolley.com/2022/07/how-to-file-personal-injury-claims-everything-you-need-to-know/

If you’re reading this guide, hopefully, you’re not one of the nearly “25 million needing medical attention for personal injuries.” Your pain and emotional distress deserve compensation. But before getting due compensation, you must first understand the claim filing process. Our dedicated personal injury lawyers have put together this guide on filing personal injury claims. You’re already a victim of an unintentional accident. So, don’t be a victim of missing the claim filing deadline.

And if you’ve lost a loved one from wrongful death, don’t dismiss this article. Your deceased loved one deserves justice. And this article shows you how.

Before Filing Personal Injury Claims

We’re ready to represent you and your personal injury claim, but first, you need to understand what we represent. Our personal injury lawyers have experience in these types of personal injuries:

Auto Accidents

You shouldn’t be stuck with the medical or car repair bills for an auto accident that wasn’t your fault. The same is true for your damaged bicycles.

And if you’re a pedestrian injured by a car, it’s time to call one of our personal injury lawyers. But first, we need these personal injury claim documents.

Police reports
Medical reports
Eye witness statements
Photos or video
Insurance reports
Wages lost statements

Before calling a personal injury lawyer, always call the police. Without an official police report, the at-fault driver can blame you for the accident.

A police report details the auto accident. The police report backs up your story. If true, this can help you get the financial compensation you deserve. Also, police can pry important information from the negligent driver.

When you can, seek medical attention. Delayed car injuries, like spinal issues, might appear later. Having a medical document after the car accident can prove other injuries stem from it.

Property Personal Injuries

You might need a personal injury lawyer if your injury happens on someone else’s property. Businesses aren’t exempt from this either. Consider these common property personal injuries:

Slipping and falling
Injuries from fire
Wounds from pets
Faulty building upkeep
Toxic environment injuries
Elevator or escalator injuries

Businesses owe their customers a safe environment. If you’re a victim of this, document as much as possible.

These records can substantiate your property injury claim. To receive compensation, a personal injury lawyer has to prove the defendant’s negligence.

Some businesses might require security. For example, you deserve compensation if you have an injury from a third-party crime on the business. Failure to provide adequate business security can bolster your personal injury claim.

Wrongful Death Claims

It’s hard to accept any reason for your loved one passing away. But, if death was avoidable, it’s time to call our personal injury lawyers. Wrongful death is when “someone else’s negligence causes another person’s death.”

Immediate family members and surviving spouses can file a wrongful death suit. However, wrongful death suits involve proving the guilty party’s negligence.

Like you would for yourself, maintain and gather documents on your dead loved one’s behalf. Any medical bills and police reports help bolster the wrongful death lawsuit.

We know that no amount of money won’t bring your dead loved one back. But why should the guilty party get away scot-free? You can learn more about our wrongful death expertise.

Filing Personal Injury Claims before the Deadline

Georgia’s claim filing deadline is two years. The deadline begins on the day of your personal injury or accident. Failure to file personal injury claims before the deadline might lead to a case dismissal. Or the at-fault party might counter-sue you.

Also, Georgia doesn’t impose maximums for personal injury compensation. So, don’t miss the claim filing deadline if you want to get deserved compensation for yourself or a loved one. Here are common factors for financial compensation.

Medical bills
Mental distress
Pain and suffering
Disability
Lost wages
Vehicle or property repair

There are some exceptions for missing the claim filing deadline. But there is still no guarantee for compensation. For example, if a minor suffers personal injuries, the claim filing deadline might start when they turn eighteen.

Also, sometimes your personal injury claim involves a criminal case. In this case, the claim filing deadline starts when the criminal case concludes.

Filing Personal Injury Claims Process

Before filing personal injury claims, make sure you’re not liable. If the defense can prove any wrongdoing on your part, you might lose compensation or the entire case.

Regardless of the injury, always seek medical attention. Again, medical reports serve as expert legal documents. But, most importantly, serious injuries don’t always appear at the time of your accident.

Filing the Claim

Once consulting with our personal injury lawyers, we’ll inform you about your particular claim. Then, once you approve, we’ll file your particular claim in civil court.

Our personal injury lawyers will also serve the defendant. If the defendant has a personal injury lawyer, we will notify the lawyer.

If you are still receiving medical attention, please continue to do so. Also, maintain those medical bills and documents. The medical documents help demonstrate the severity of your personal injury.

And your medical bills further prove your economic hardship. Medical bills help our personal injury lawyers gauge your financial compensation when filing the claim.

Unfortunately, each personal injury claim operates differently. Therefore, there isn’t a set time to resolve a case.

Your claim might go faster if you don’t have serious or no injuries. However, the personal claim can take longer for more substantial injuries or damage.

If your personal injury claim involves insurance companies, this can impact the resolution time. Insurance companies might want to go over the documents and do their own investigation. By the way, our personal injury lawyers deal with insurance companies, not you.

It’s wise not to deal with the defendant’s insurance company. What you say or give them can work against your claim’s success. You can read our blog for more details about hiring a personal injury lawyer.

More on Filing Personal Injury Claims

If someone you love or yourself suffers from injuries from someone else’s negligence, don’t wait. Instead, call one of our personal injury lawyers today. And if your loved one is dead from someone’s mishap, it’s time to involve us.

For over 50 years, our law firm has supported people like you in Athens, Georgia. Filing personal injury claims doesn’t have to be daunting. At least when we’re fighting on your behalf.

We also provide exemplary criminal defense services. Our dedicated lawyers also support your estate planning needs and civil litigation. Business law and nursing home abuse are also in our portfolio.

Cook & Tolley, LLP
304 E Washington St
Athens, GA 30601
(706) 549-6111
https://www.cooktolley.com/