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. If your injury was caused by negligence on the part of a property owner or employer, then they share liability, and we are committed to helping you find the course of action that suits your situation best.
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.
- 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 any questions, schedule an appointment for a free consultation with one of our attorneys.