You suffered a personal injury through no fault of your own that is causing you to lose time, money, and quality of life. What do you do? Hire an attorney? Submit an insurance claim? Suffer in silence? At Castan & Lecca, we want to help you navigate the tricky waters of personal injury claims. We believe that you shouldn’t have to suffer because of someone else’s negligence, and we are committed to helping you define which course of action is going to suit your situation best.

Personal injury is defined as “injury which is caused accidentally by another’s failure to use reasonable care. The definition of reasonable care is determined on a case-by-case basis.” Car accidents and slips and falls are the two leading causes of personal injuries, but personal injury causes vary widely and can include dog-bites, negligence, medical malpractice, incompetence, equipment malfunctions, and defective products.

The two main ways to pursue compensation for a personal injury are via an insurance claim negotiation or through filing a lawsuit. What’s the difference?

An insurance claim involves negotiations between you and the insurance company to receive reimbursement for the expenses and pain and suffering that you have experienced as a result of your injury. For minor injuries, an insurance claim is typically the most effective way to pursue because overhead costs are lower as is the level of scrutiny on any partial fault that may exist on the part of the injured individual. Even if a claim negotiation settles for less than originally anticipated, it’s still often advantageous to work out an agreement at this phase rather than pursuing a lawsuit. When your case involves significant injuries, however, and the insurance company is not willing to settle for a justified amount, then it’s possible that hiring a lawyer and filing a personal injury lawsuit will yield a higher settlement and enable you to receive the maximum amount of protection. If you have any questions, schedule an appointment for a free consultation with one of our attorneys.

So here are the important steps you need to take as you sort through how to handle and document your injury:

  • Collect evidence that can point to who caused the accident, as well as the damage caused by the accident. Photographs are useful here.
  • Write down everything that has happened to you after the accident. This may include things like medical bills, hospital visits, any lost work or wages, etc.
  • Be sure to get the names and contact information of any witnesses that may have observed the accident. Contact these people to confirm their contact information.
  • If you speak to other people that were involved in the accident, be sure to take notes about your conversation.
  • Tell anyone that you may file suit against that you are planning on filing a claim for your injuries and property damage.
  • Avoid giving statements to anyone other than the police or signing any liability waivers.
  • Contact your attorney.
  • Take action as soon as possible after the incident to avoid missing your settlement window under the statute of limitations.

If you have further questions, give us a call at 404.973.2594 to schedule an appointment to discuss the details of your situation and chart the course of action that will benefit you the most!

Print this and keep it in your car!