The legal system has created a process for introducing a personal injury claim, and then following up on the same claim. Those that fail to follow that process must deal with the burden of living with an injury, minus any form of compensation.
Stage 1: Seek medical treatment
That means visiting a doctor, a hospital or a clinic as soon as possible, following an injured victim’s involvement in an accident. Victims that set aside time for the visit manage to document their injuries. The extent of harm done to their body has been recorded in a medical report. An insurance agency must recognize the information in that report.
Stage 2: Consult with lawyer
During this free consultation, the victim’s understanding of the staged process should increase. Some victims might discover an action that was overlooked. For instance, a parent might have failed to take a child that was in a hit vehicle to the pediatrician’s office, because he or she appeared uninjured.
Stage 3: Investigation of claim
Personal injury lawyers in San Leandro can hire people that are trained to carry out such an investigation. They gather evidence and obtain copies of important documents. An investigator might also speak with witnesses.
The 4th of 8 stages: Prepare to make demand and negotiate
In order to prepare for making a demand, victims/claimants must work with a lawyer, with the goal of composing a demand letter. All the information requested by the adjuster should be assembled and sent to the adjuster’s office, so that the negotiations can begin.
The 5th of eight stages: File a personal injury lawsuit
A hired attorney can undertake that action, if the negotiations have failed to lead to agreement on the amount of money to be used as compensation.
The 6th of eight stages: Discovery session
During that session, each side gets a chance to learn about the evidence possessed by the opposing party. Hence, each side gets a chance to learn more about the other party’s claims and defenses.
The next to last step of the staged process: Further attempts at reaching an agreement
The holding of a mediation session could represent one such attempt. Some legal jurisdictions require the scheduling of a mediation session at this point in the 8 series of steps. Negotiations could continue, following the exchange of evidence, which must take place during the discovery session.
The final stage: The holding of a trial
Whenever completion of the 7 previous steps/stages has failed to aid the creation of an agreement, a trial must take place. At the conclusion of a trial, the jury or judge decides which of the 2 parties should be declared the winner. If the plaintiff wins, the defendant must furnish the award money.