Recovering compensation for your injuries through an insurance claim is not as easy as filling out some paperwork and letting the insurer know you were hurt. To convince the liable party’s insurance company to pay you fair compensation, you will want to have strong support for your claim and a good understanding of what you deserve.
The best option for learning how to file a personal injury claim in Birmingham is to hire a personal injury lawyer and let them manage the whole process for you. However, if you are interested in getting started on your own, keep reading to learn more about the process.
Steps in the Birmingham Personal Injury Insurance Claims Process
Whether you were hurt in a car accident, fall, dog bite, or another incident, someone else’s carelessness may be to blame. Under Alabama law, you can hold them legally responsible and recover compensation for your related damages. This is accomplished by filing a claim based on that party’s liability insurance.
This process requires:
Determining What Happened
Before you can do anything in a personal injury case, you must have a good understanding of the incident, the parties involved, the cause, and who is legally responsible. This usually requires investigating what occurred and collecting evidence. The type of evidence will depend on how the injuries occurred and other factors.
Once you are finished with your investigation, you should have evidence to show:
- What happened
- The identity of the liable party or parties
- That negligence and liability occurred
- How this caused your injuries and losses
- Documentation of damages
If you work with an attorney, they will use their knowledge and experience, as well as the firm’s financial resources, to handle this investigation and gather evidence for your case.
Valuing the Damages You Suffered
Putting an estimated fair settlement value range on your claim is important. Without it, you will not know how much to ask for or if an offer is “fair.” Determining your current expenses and losses should not be that difficult—gather evidence and add the totals.
It is important, though, that you identify as many related damages as possible in this process. Do not overlook the parking expenses at the doctor’s office, replacing your iPhone, or buying new eyeglasses.
You will also need to determine the value of your future damages and the intangible losses you suffered, known as non-economic damages or “pain and suffering.” This is more difficult. Attorneys work with experts, use computer programs, and use their knowledge of similar cases to calculate these values.
Demanding a Fair Payout and Filing the Claim
Once you have the evidence to support your claim, it is time to notify the insurance company of your intent to recover fair compensation. As a part of this process, which can occur online, over the phone, or on paper, you will demand a certain amount of compensation as relief for the damages you suffered. You can determine this amount using the potential value that you previously calculated.
Negotiating With the Insurance Adjuster
The insurance companies rarely agree to the first demand. Instead, they counter-offer. This begins a series of settlement negotiations where you or your lawyer will try to reach an agreement that falls within the “fair” range you calculated.
Settling the Claim Out of Court
Most personal injury cases end with the claimant receiving compensation settled outside of court. Very few require jury trials and a court award. When you reach a negotiated settlement with the insurance company, you or the insurer will write up the agreement, and everyone will need to sign a copy. Then, you should receive a check in a few days or weeks.
For a free legal consultation, call 800-537-8185
How Can an Attorney Make Filing a Birmingham Personal Injury Claim Easier?
When you sign a contract to have a Birmingham personal injury law firm represent your best interests, they will take care of everything for you. You can focus on treatment, healing, and getting your life back. They will handle:
- Assessing your legal options
- Answering your questions
- Keeping you up to date
- Protecting your rights
- Determining the identities of the liable party
- Collecting evidence
- Valuing your damages
- Filing your claim
- Negotiating a fair settlement
If you need to sue to pursue just compensation, Alabama law generally gives you two years under Ala. Code § 6-2-38. Your lawyer will manage this process, too. There may be exceptions that can shorten your deadline, but your attorney will let you know about any additional deadlines that could affect your case. This is another important reason to have a law firm on your side.
They handle all of this based on a contingency fee. You do not have to pay your personal injury lawyer anything up front. They receive a portion of your financial recovery after the case is over. If you do not get paid, you do not pay their fees.
Connect With Our Lawyers About Your Jefferson County Injury Case Today
At the Morris Bart law firm, we provide free consultations for accident victims in our service area. The areas we serve cover all of Alabama, including the greater Birmingham area. We have six offices throughout the state.
Reach out to our team today to get your free case review.
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