What to Expect at Each Stage of a Personal Injury Claim

Personal Injury claims

You are lucky if you have never had to file a personal injury claim. Unfortunately, many of us may have to file one when we suffer injury or harm in an accident caused by a negligent person.

The cause could be a car or truck accident, a motorcycle or bicycle accident, a dog bite, an on-the-job accident, or even visiting a store where you slip and fall and are injured. These are examples of accidents that lead to injuries that will keep you out of work and cost you money to pay for medical bills and rehabilitation. 

If you were not the reckless one who caused that accident, it is the duty, the moral obligation of the other side, to cover your expenses to make you whole. They will never volunteer to do that on their own. 

That is where a personal injury lawyer comes in.

If you have been injured due to someone else’s negligence, filing a claim will be the only way to attempt to recover what you have lost. 

Montgomery attorney Chip Nix has decades of experience addressing these types of accidents and remedies. After taking care of your medical needs, contact Mr. Nix to learn about your options. Do not begin negotiating with the other side’s insurance provider, as they are trying to get rid of your case as quickly as possible and for their benefit.

Personal Injury Claim Stages – Injury

No matter what type of injury, whether it was a car accident or medical malpractice, the other side acted in a way that did not consider the well-being of another. In other words, they owed a duty of care and failed to deliver on that duty. An injury resulted.  

Mr. Nix will discuss the specifics of your claim and the extent of your injuries. He will outline how to ensure that all of the records are available to the other side’s insurance adjusters and that the other side does not diminish its value. 

Personal Injury Claim Stages – Investigation

A thorough investigation of your personal injury claim will be the foundation of your case moving forward. You will be interviewed about what you remember about the accident, including specific times, dates, and other details. 

Do you suffer from previous injuries that the other side will surely bring up to minimize your claim? 

Any investigation will include interviews with witnesses who can verify your claims. We will also gather video evidence from cameras placed on the street or within a store.

Sometimes, we will need to send an investigator to gather evidence from the crash site. We will be looking for any faulty lights and turn signals, any trees blocking visibility, and whether or not there was construction in the vicinity. All of these things can contribute to an accident.

Personal Injury Claim Stages – Negotiations

Once the facts of the case are gathered, Mr. Nix will draft a demand letter and present it to the insurer for the other side. It will outline our claim and explain why the amount demanded is reasonable. 

If the other side sees we have done our homework, the claim can likely be settled at this point. No one wants to go to court because it is never a sure thing.

In Alabama, contributory negligence is a common tort rule that bars you from compensation even when you prove the other side breached their duty to you, even if that led to your injury. If the other side’s insurer claims you were partially responsible for your accident, you may end up with nothing.  

Personal Injury Claim Stages – Settlement or Trial Prep

If the demand letter is successful, you will receive money to pay doctor’s bills and attorney fees, with the remainder going to you. Also, we may seek noneconomic damages if you have ongoing physical or mental anguish from your accident. 

In some instances, the other side will not agree to settle. That means we will prepare your case for trial, which takes additional preparation and time. Both sides will prepare their case and must provide evidence to the other side. We will attempt to mediate a solution; if that is unsuccessful, we will go to trial. A settlement can occur at any point.

Your Alabama Personal Injury Attorney

Attorney Chip Nix reminds you that there is a two-year statute of limitation for filing a lawsuit. Lawsuits are filed on a contingency basis, meaning there is no cost to you unless you are successful. During an initial complimentary consultation with Mr. Nix, you can explore your options for compensation. 

This is not the time to proceed alone. Call Chip Nix in his Montgomery office at (334) 203 6669 to begin the conversation.  


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