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Filing a Personal Injury Claim



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By : Terry Daniels    29 or more times read
Submitted 2010-10-21 16:02:00
Personal injury suits can include physical damage, such as pain and suffering, long or short term disabilities, or wrongful death. It may also include emotional or psychological damages, such as emotional distress.

Even if the injuries incurred are minor and temporary, filing a personal injury claim may award substantial financial restitution. In the cases where damage was caused by extreme negligence, the case may also award the victim punitive damages.

It is usually recommended that someone considering a personal claim seek representation as soon as possible. Depending on the case, most attorneys specializing in personal injury work on contingency, or a percentage of financial damages awarded at the end of the claim.

Over the past few years, there has been a growing push for individuals to settle their suits with an insurance company using mediation instead of litigation. Taking a case through hearings and the court system is costly and can take several months, or even several years.

Mediation is often looked at as a way to settle cases faster and more efficiently for both the injured and the insurance company or representative agency. Filing an auto accident personal injury insurance claim begins at the accident scene and doesn't end until you receive adequate compensation for your injuries.

At the accident, you can start gathering the information by simply observing your surroundings. If possible, you should write down important details, such as names, license plate numbers and insurance information.

Observe your surroundings at the accident scene for important accident details, such as the position of the vehicles in the roadway, condition of the roadway, visibility and lighting. Document your accident, including date, time and place, injuries sustained, lost wages and medical expenses.

In the case of a motor vehicle accident, make a note of the weather and road conditions, traffic flow, malfunctioning traffic signals and visible hazards. Take photographs of the scene using any available device, such as a camera or mobile phone, depicting the damage to the vehicles, debris in the roadway and skid marks.

Also include photos of the other parties, witnesses and emergency personnel and vehicles on scene. Collect contact information for the other drivers, witnesses and emergency personnel, in particular the law enforcement officers on scene so that you can follow-up with obtaining the accident report.

Witnesses can be instrumental when settling a personal injury suit with your insurance company. Often they are able to provide details or descriptions that can indicate who was at fault.

The statement should be put in writing. Either the other drivers or law enforcement officer should provide you with the insurance information for all vehicles and drivers involved in the accident.

Preserve any evidence that may indicate who was at fault, such as a damaged vehicle, a broken step or ripped clothing. Hands-on evidence is more effective than a written or verbal description.

Notify your insurance company and the other drivers and their insurance companies of the accident and that you will be making a case for property damages and personal injuries. When you contact the insurance companies, note the name and specific contact information for the adjuster assigned to your suit and the claim number that you should include on all future correspondence.

Compile documents that will support your case, such as receipts for medical bills, vehicle repair and rental car costs. Also include documentation from your employer for lost wages, and sick days or vacation days taken as part of your recovery from your injuries.

Write a demand letter for your claim that will be sent to all the insurance companies for the drivers you believe are responsible for the accident. The letter should set forth each item of damage and injury you suffered, with supporting documentation attached, and conclude by making a demand for a lump sum payment to settle your entire case.

Seek legal assistance if you cannot settle your personal injury claim with your insurance company or if your suit is complex. If you are unsuccessful in settling with your insurance company, you have the option to bring your case to small-claims court.
Author Resource:- Terry Daniels has been working with personal injury law in Arizona for the past 10 years. He has written hundreds of articles dealing with the subject. He recommends this Personal Injury Arizona.

Contact Info:
Terry Daniels
TerryDaniels09@gmail.com http://www.toblerlaw.com
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