What You Need to Know About Filing an Injury Claim

August 23, 2018

Every personal injury claim is considered on its own merit. There are many different kinds of personal injuries. Some of them include Vehicular accidents, slips and falls, injuries from defective products, and as well as medical errors.  Therefore, personal injury cases are never the same.

Naturally, claims will depend on how severe the injury or injuries are and also on how well you clear certain issues.  These issues are like:


  • Who is to be held responsible?
  • Is the incident that caused the injury covered by an insurance policy?

Here are a few things you will want to take into consideration:

  • Insurance Coverage

If you can establish that your injury has been caused by another party, you want to find out if they have insurance coverage. Their insurance provider should compensate you. If you slipped and fell, the one who owns the property should have their insurance cover you if they are legally liable for your injuries.

Why do you need this information?  Getting a favorable ruling is one thing, but getting paid is quite another. If the person that is liable for your injuries does not have any insurance, collecting the payment awarded may prove futile. They may also not have any personal assets that can cough up the money awarded to you. However, if the injuries are of a higher magnitude, you might want to proceed to court and they can sort their details out once the ruling is made.

  • Do you need legal representation?

You can always opt for the No Win, No Fee service from a firm like Foyle Legal or any other that is convenient for you, which is easy enough to get in an injury case. Unless your injuries are minimal, it is advisable to get yourself some legal representation. Many attorneys will be glad to offer their services and discuss with you the merits of your case and advise you on what legal options are available to you. Once a settlement has been agreed upon and passed in court, your lawyer will get their agreed-upon percentage as fees for services rendered.

  • Find Out if You Need to File a Lawsuit

Many personal injury cases never get as far as a lawsuit unless someone gets unreasonable.  Many of them are settled out of court. To settle a personal injury out of court, try these steps:

  • Get the name of the liable party’s insurance provider.
  • Get their policy number. If they are cooperative, they should furnish you with these details.
  • Send the insurance provider a notification reporting injury and intention to claim. You are not required to give any details at this point.

Details of the extent of the injury will come later when the two parties have a sitting to negotiate, and when a demand letter is sent.

If the insurance claim fails to take off or stalls, you can have your attorneys atFoyle Legal or your firm of choice, take the matter up with the courts for a satisfactory settlement. However, it would definitely be less of a hustle to have the case settled out of court.

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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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