Car accidents can be unsettling experiences, often resulting in physical injuries, emotional distress and financial burdens. In such situations, pursuing a personal injury claim can help individuals recover damages and reduce some of the hardships caused by the accident.
People often think that personal injury claims after a car accident sound intimidating. Learning more about the process can ease your mind.
Defining personal injury claims
A personal injury claim refers to legal action taken by an individual who has suffered harm due to the negligence of another party.
You have to determine the at-fault parties involved in the accident, as Delaware follows a modified comparative negligence system. Although you can seek compensation if you are up to 50% responsible for causing your wreck, you may receive a reduced amount. You may need help to obtain reasonable compensation.
Car accident personal injury claims
Here is a breakdown of the steps involved in a car accident personal injury claim:
The foremost priority after a car accident is to seek medical attention for any injuries sustained. Even if injuries seem minor, you should undergo a medical evaluation as some injuries may not be immediately clear.
Gather evidence to support your personal injury claim. This includes taking photos of the accident scene, obtaining contact information from witnesses and obtaining a copy of the police report.
Promptly notify your insurance company about the accident. Provide them with accurate details of the incident while avoiding admitting fault or making statements that could jeopardize your claim.
You will need to gather documentation to support your claim. This may include medical records, repair estimates, proof of lost wages and any other relevant expenses incurred as a result of the accident.
You can negotiate with the insurance companies involved to seek fair compensation for your injuries and damages. This negotiation process may involve back-and-forth discussions and settlement offers.
If you cannot negotiate a fair settlement, you can pursue legal action by filing a lawsuit against the at-fault party. This step initiates formal legal proceedings and may lead to a trial in court.
Parties may sometimes opt for mediation or arbitration as an alternative dispute resolution method. This involves a neutral third party facilitating discussions between the parties to reach a settlement outside of court.
If you agree to a settlement offer or if the court rules in your favor, you will receive compensation for your injuries and damages. This compensation may cover medical expenses, lost wages, pain and suffering and other accident-related losses.
These steps might differ according to your specific circumstances.
You have a right to fair compensation
Understanding what to expect can make the personal injury claim process after a car accident less unnerving.