HOW DOES A PERSONAL INJURY CLAIM WORK?

Many times, people ask me, “What’s involved in making a claim?” In the claim stage following a wreck that resulted in personal injury, the first step is to investigate the facts of the wreck. That typically entails obtaining a full and complete copy of the police report, obtaining the witness statements, any other types of statements that were made relative to the wreck and getting scene photographs and measurements. Also important is the preservation of any evidence, whether that’s preserving the vehicles involved or preserving the scene of the wreck and making sure that it is properly documented. Also in a claim, the determination of liability which is who is at fault for the wreck. Many times, the facts of a wreck appear straightforward and not in dispute. But that’s not always the case. In some instances, there has to be a determination of comparative fault, meaning the assessment of fault between all parties involved. Many times, the determination of fault involves hiring an accident reconstructionist to analyze the dynamics of the various vehicles involved, the directional forces, who was traveling where and at what speed. After a determination has been made about fault, the next step is to determine the nature and extent of damages. That typically involves the nature of the physical injuries that you suffered and then the total medical bills that have been incurred, any future medical expenses that are you reasonably likely to incur, any impact on your life, and loss of income or loss of earning capacity. Once a determination has been made about liability and the full extent of damages, you can submit an offer to the insurance company to settle. At the point, the claims stage is essentially over either by way of settlement or by proceeding to trial. I hope that provides you with information regarding an automobile claim following a car wreck


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