Breaking Down the Process of a Personal Injury Claim

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The Accident

If you have been injured in a car accident, you are likely in a state of shock and need for medical attention. To the best of your ability, make sure that you accept medical attention and that the police are called to the accident scene. Also, to the extent possible, try to take photos or ask someone to take many photos of the accident scene, notes about road conditions and the weather, contact information of witnesses, and the license and insurance information of the responsible driver. If you were not offered medical attention at the scene, make sure that you promptly get yourself checked by a doctor and follow through with their medical advice.

Contact with Insurance Company

Depending on the nature of the accident and the extent of your injuries, the responsible person’s insurance company will likely reach out quickly to compel you to make a statement. Before making any statement or communicating with the responsible person’s insurance company, you need to speak with a lawyer. The insurance company is not on your side and is seeking a statement to minimize their liability and to shift fault to you.

Contact a Personal Injury Lawyer

Consulting with a personal injury lawyer is an essential step in the process of a personal injury claim. Even if you ultimately decline to hire an attorney, it does you no harm to speak with a lawyer. At Viloria, Oliphant, Oster & Aman, L.L.P., we offer a free initial case consultation, in which we will carefully listen to your situation and offer you a no-nonsense assessment of your legal options.

If you choose to hire us, we will immediately reach out to the responsible person’s insurance company and inform them all communication will come through us, and they are not to contact you directly. We will also immediately begin a thorough process of investigating your accident, preserving evidence, gathering records, and working with you to build your strongest claim for maximum damages.

Get Medical Treatment

One of the most important part of your case will be to document and treat your injuries through medical professionals. When you are fully done treating, and have made the best recovery you can, all medical records will be ordered and evaluated by your attorney. If you are concerned with the ability to pay for the necessary treatment you need, your attorney may be able to negotiate with your doctors for a lien on the settlement proceeds you receive. That way you can receive the treatment you need without incurring out-of-pocket expenses.

Settlement Negotiations

A critical step in the personal injury claim process is negotiating a settlement. A settlement is an agreement in which the responsible person’s insurance company pays an agreed amount of money in exchange for the victim’s agreement to waive any further legal claim against the responsible person. Without a lawyer, insurance companies generally offer victims far less than their claim is worth.

With an attorney, insurance companies are forced to take the victim seriously and know they will be taken to task for low offers. A lawyer will use their knowledge of the law and their exhaustive preparation to negotiate your settlement.

Filing a Lawsuit

If an acceptable settlement cannot be reached between your attorney and the insurance company of the responsible party, then the next step is to file a personal injury lawsuit within two years of the date of the accident. A lawsuit is a time-intensive process that requires working with experts and the “discovery” process of exchanging information in preparation for a jury trial.

Before trial, the court will order the parties to mediation to make a final attempt to settle their claims. Most personal injury claims settle by this point, as insurance companies don’t like the expense and risks that come with a trial. Failure to settle the case in mediation means that the case will head to a contested trial before a jury.

Contact Viloria, Oliphant, Oster & Aman L.L.P.

Viloria, Oliphant, Oster & Aman, L.L.P. is a top-tier law firm that has successfully obtained millions of dollars in damages on behalf of our clients. We have done so by focusing on the needs of our clients and by tirelessly preparing their claims as if they were going to a contested jury trial. We have a reputation for excellence and force insurance companies to take our clients seriously. Let us help you pursue your best outcome. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a free case consultation or contact our office through our website.

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