When you suffer an injury because of another’s negligence, you can be entitled to compensation by the party at fault. The only way you can do this is by filing a personal injury lawsuit.

In filing this case, you can recover compensation for expenses such as your medical bills, damages, lost wages, and pain and suffering. When you’re not well-versed about filing a case, you may be confused about how you can go about with the entire process. One wrong move or delay can hinder you from a successful resolution of your case. Thus, if this is the case, hiring a legal professional is the right move.

That said, along with working with a lawyer, here are the necessary steps or things to remember to appropriately file a personal injury case: 

1. Determine The Grounds Needed To File A Personal Injury Claim

Before you go head-on with filing a personal injury claim, it helps to start by reviewing the necessary grounds to file a personal injury claim. That way, you know for certain that your case is viable in court, and you’re not just wasting your time thinking that you’ve got a viable claim when, in fact, you don’t.

The best way for you to determine this early on is through the advice of a personal injury lawyer Ottawa. After all, they’re the ones that know the intricacies of a personal injury claim.  

2. Go Through A Consultation With Your Lawyer

Filing a case without a lawyer has low chances of success unless you’re adept in legal matters. A qualified attorney can help make your claim more successful. So, this necessarily means that you’ll need to go through the process of looking for and consulting with one. 

First off, a good lawyer will provide you with a no-obligation and free consultation. That way, you can both lay your cards first on the table. You can also determine whether or not that lawyer is the right one for you.

During this consultation, be sure that you cover matters such as:

• The specific details of the injuries you suffered

• The parties that are possibly responsible for your accident

• The compensation you’re entitled to receive

• How the accident occurred 

3. Gather Evidence

Upon meeting with your lawyer, you’ll also be informed about the appropriate evidence you’ll need to defend your case in court properly. Hence, make sure you collect as much evidence as needed. It’s then up to your lawyer to decide which of these pieces of evidence are necessary to bring to court and what aren’t.

Here are some pieces of evidence that you’ll need to include:

• A police report

• Pictures from the accident scene

• Medical documents from your doctor and the hospital

A necessary part of gathering evidence includes contacting or interviewing witnesses. Since these individuals saw the accident, their word can be taken with so much weight by the court. So, you need to convince a witness to testify for you, whether orally or in writing.

Gathering as much evidence as you can is very important as your version of the accident can be different from that of the erring party. This can happen when they wish to evade liability or avoid fault. 

With evidence, you can present the truth about what happened, helping substantiate your claim.

4. Negotiate With The Insurance Company

One of the most important tips you should remember is never to negotiate with an insurance company yourself. Remember that they know more about insurance law than you do, and you don’t want to put yourself in a disadvantageous situation.

Avoid the first settlement offer that the erring party’s insurance company might give you as this might be lower than what you deserve. A lawyer is the best person to ascertain how much you deserve to receive.

For instance, depending on the various circumstances relating to your claim, you could be entitled to compensation by the insurance company for the following:

• Any medical assistive equipment you have to use

• Past and future medical expenses relating to the injury

• Cost of a caregiver, if necessary

• Lost wages and earning capacity

• Rehabilitation

5. Consider Accepting A Settlement

In cases where the erring party isn’t difficult to deal with, you may both be able to enter into a settlement before going on a full-blown trial. This can also be beneficial as it would mean that you can get compensated faster. Some court trials can be very litigious and may take a long time. If the erring party accepts fault right away and is very cooperative, then there’s no need for a trial. 

Be sure, however, that you have a lawyer assisting you when you consider accepting a settlement. That way, you know for certain that you’re not cheated on the proper compensation you deserve. 

6. Filing A Complaint

When an amicable settlement is impossible, your recourse now is to file a complaint. When doing this, you’re acknowledging that your personal injury claim is going to court. Your lawyer will prepare your complaint, which alleges all of your claims. It’s also here that you would prove that you were a victim of an accident and you have a legal right for compensation.

After the complaint is made, this will be sent to the erring party through their lawyer. They’ll be allowed to respond to this through the proper court hearing. 

7. Continue Your Medical Treatment

While seeking medical treatment isn’t necessarily a part of your claims’ legal process, it’s still an indispensable one for your case to prosper. Even when you may have already filed a complaint, it helps to continue your medical treatment. That way, you’ve got stronger proof to allege your claim that you were injured and that further medical treatment is necessary.

More so, the doctor’s continuous documentation may also be asked by the insurance company or your lawyer. 

Conclusion

With this information, you have better means of ascertaining how to go about with your case’s intricacies. When you’ve been wrongfully injured because of another’s fault, you want to be properly compensated for it. You can successfully do this by filing your case in court. 

Work hand-in-hand with a lawyer to ensure that you meet the proper deadlines and your claims won’t prescribe.