How To Start or File a Personal Injury Claim in 5 Steps

How To Start or File a Personal Injury Claim in 5 Steps

personal-injury-claim

It is easy to begin pointing fingers when you have experienced a personal injury, but it is important to take every legal process step-by-step. Keep reading for Martin G. Schulz’s guide to this complex and often delicate process.

#1. Consultation

Consultation is the act of presenting your circumstances to a lawyer, often prior to an agreeing to render legal service. Only a legal professional has the education and experience to offer an opinion on whether or not your claim is worth pursuing.

#2. Statement of Claim

Once prepared by a lawyer, your Statement of Claim is submitted to the appropriate court. The “defendant” is the party you made the claim against and they will have to file  a Statement of Defence. Generally, this occurs between legal professionals with minimal interaction between the clients.

#3. Exchange of Evidence

The exchange of evidence is a period where both sides of the claim are legally obligated to share what proof they are bringing to the case. In a personal injury claim, the injured party will likely be assessed by a doctor chosen by the defendant as part of this agreement.

#4. Settling the Claim

Settling the claim can be done by mediation or trial, usually whether or not either party is present. The legal system as a whole prefers to achieve settlement before going to trial, as this reduces the burden on all parties (including the courts).

#5. Appeal

Should the issue go to trial, an appeal is the legal right of the claimant or the defendant to challenge the decision of the court. A successful appeal can overturn the results of the previous claim and even entitle the wronged party to financial reparation.

The five steps above are a stripped-down version of the events involved in a personal injury claim. More often than not, lawyers advise potential clients to either refrain from filing a claim or wait until their case is stronger. If you need the help of an expert legal team to consult your potential personal injury claim, contact or visit Martin G Schulz & Associates today!