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Bronx Personal Injury & Real Estate Blog

Thursday, April 30, 2020

What Is the Personal Injury Claims Process?

Personal injury law involves a wide variety of accident types. If you have been injured in a slip and fall, an auto accident, or due to a dangerous property condition resulting from the negligence of someone else, you may be able to seek compensation for the harm you have suffered. How does this happen? The personal injury claims process can seem complicated and intimidating to accident victims. It can seem like too much to handle on top of the physical and emotional harm as well as the financial hardships accident victims are often carrying. Having an overview glimpse at the process can help manage some of the anxiety you might feel when approaching it.

What Is the Personal Injury Claims Process?

The first step in the personal injury claims process is the most important one. Receiving immediate and continuous medical treatment for your injuries is a top priority. Your health and well being should not come second to anything else. Get checkout out by a medical professional immediately. This is true even if you think you might not be injured because injuries can be sneaky and hide under the radar, especially when you may be distracted by the overwhelming experience of being in an accident. Follow doctor’s recommendations and seek to follow up on medical care consistently. Not only is this critical to your recovery, it is also critical to the value of your claim. Medical records are evidence of your injury. Without medical records, you will be hard-pressed to get an insurance company to pay out on your claim.

As soon as possible after your accident, you should consider getting an experienced personal injury attorney to represent you in your claim. Your attorney will begin by gathering information from you regarding the details of your accident and your injuries. An investigation will be launched into the accident itself with evidence gathered such as accident reports, witness statements, photographs from the scene, and more. Your attorney will also request copies of all of the medical records associated with your treatment of your accident injuries.

Once you have reached maximum medical improvement (MMI), meaning your injuries will not get any better with further medical intervention, your attorney will send the insurance provider a demand. The demand provides the insurance company with information regarding the accident as well as the damages you have suffered as a result of the accident. It requests that the insurance company payout on the claim. This is usually when negotiations on the payment amount begin. The insurance company will either accept the offer included in the demand, deny it, or counter with another settlement offer.

Should settlement negotiations prove ineffective at reaching a mutually agreeable settlement amount on the claim, a lawsuit will usually be filed in court. Discovery will begin which will involve a fact-finding process usually spanning several months and involving things such as depositions. The parties may, either voluntarily or by court order, go to mediation after discovery is complete. In mediation, a neutral third party will aid both sides in reaching a resolution on the claim. Should mediation prove unsuccessful, the claim will proceed to trial.

New York Personal Injury Attorney

The Law Office of Ryan Goldstein has the experience and knowledge of the intricacies of personal injury cases to help successfully navigate your claim to completion. We are here to stand up to the insurance companies and help ensure you get the compensation you deserve for the harm you have suffered. Contact us today.


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