Accidents can happen almost anywhere, they’re not limited to vehicle collisions. You can slip and fall on a wet floor or injure yourself when visiting someone’s home. Regardless of where the accident happened or the type, you may be able to file a personal injury claim.
However, deciding to file a claim is noticeably easier than going through the process. Sometimes, it can seem like there are a lot of hoops to jump through. However, successfully filing a personal injury claim doesn’t have to be complicated.
When an accident results in injuries, most people turn to the insurance company. Since Texas follows modified comparative fault rules, you look to the negligent party’s insurance. If the accident happens at someone’s house, their homeowner's insurance usually handles the claim. Auto insurance takes care of injuries sustained in vehicle accidents. Don’t worry if you’re not sure who to file the claim with; figuring it out is relatively easy.
Most at-fault parties aren’t going to hesitate to provide their insurance information. You can also get the information from the accident report. This means calling the police and waiting on the scene, but you will also need a copy of the accident report, which is something the insurance company is going to request once your claim starts moving.
You can usually pick up a copy of the accident report after about seven business days. You can head to your local police station or request a copy online. Whichever method you choose, be ready to pay a small fee, usually around $10, for the report.
The primary reason for alerting the insurance company about your injuries is to get the ball rolling on your claim. Don’t accept any settlement offers, you’re probably still calculating your damages. Once you accept an offer from an insurance company, your personal injury case is closed. This means you can’t go back and file another claim for the same accident, and this applies even if your damages continue piling up.
Yes, you have a copy of your accident report. Your report outlines events leading to the accident. There’s even a page for the responding officers to draw diagrams of the accident scene. Some reports even name the at-fault party. So, what else is there to investigate? The at-fault party’s insurance will want to conduct an independent investigation.
The insurance adjuster will review the accident report to ensure your damages are covered under their policy; they will question any witnesses and the adjuster will also want to talk to you. A good rule to follow is to refuse to allow the adjuster to record your conversations unless your personal injury attorney is present. Oh, and don’t forget that the insurance company can use anything you say to deflate the value of your claim.
While the insurance company is conducting an investigation, your personal injury attorney will be following along. Your attorney will conduct an independent investigation to help ensure you’re ready to supply any evidence necessary to support your injury claim.
Your damages can include both economic and non-economic damages. Don’t worry about punitive damages.
Only a civil court can award punitive damages, and it’s rarely done. To qualify for punitive damages, the defendant’s behavior must be especially egregious. An example can be willfully pouring liquid on the floor in hopes that someone slips and falls. Punitive damages serve two purposes, they punish the defendant and discourage others from engaging in the same malicious behavior.
So, what are your economic and non-economic damages? Every personal injury case is unique and what applies to one claim may not be relevant to yours. With that being said, economic damages typically include medical expenses, property repair bills, and lost current and sometimes future income.
Since you can total up your economic damages by adding up bills, estimates, and receipts, this part of the process is relatively simple. Don’t forget to keep all of your documentation, the insurance adjuster will want to review your damages claim.
After sending a settlement demand letter to the insurance company, you sit back and wait for a response. Sometimes, the insurance company agrees. If so, congratulations! If not, you may enter into negotiations and this can take a while.
However, there are times when even multiple rounds of negotiations doesn’t mean you receive an acceptable settlement offer. When this happens, your personal injury claim heads to civil court. If you still can’t reach a settlement, either the judge or jury determines the amount you receive for your damages.
To ensure the best possible outcome for your personal injury claim, it is crucial to secure legal representation. An attorney can thoroughly investigate the details of your accident, accurately calculate your total damages, and facilitate the smooth progression of your claim.
Moreover, should your claim escalate to a civil court, having an attorney guarantees that someone knowledgeable and experienced will advocate vigorously for your best interests. Their strategic support can significantly increase your chances of receiving fair and just compensation for your case.
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