Moving Forward With a Personal Injury Claim After a Car Accident
Were you injured in an auto accident? If you are now suffering physical, psychological, and financial injuries because of a collision caused by another driver, you may have the right to pursue compensation through a personal injury claim. Under the law, when another individual’s carelessness, recklessness, or intentional misconduct causes you harm, that person is liable for making you whole again. While it is impossible for the individual to take back or heal your injuries, it is possible for him or her to compensate you for the harm caused. To learn more about pursuing a personal injury claim after a crash, contact our Oklahoma City personal injury attorneys at Brown & Gould, PLLC.
Beginning a Personal Injury Claim
Following a car accident, your first step to pursuing a personal injury claim is contacting an attorney and investigating the accident. Your case for compensation will be stronger if you have an experienced lawyer on your side gathering evidence of the other driver’s fault.
You will then file a third-party insurance claim against the at-fault driver’s auto insurance policy. You will have to cooperate with the insurer, yet you do not have to agree to everything they ask for. Your lawyer will protect you from an insurer overreaching or violate your rights. For instance, insurers often want claimants to sign a release for them to review the claimant’s entire medical history. However, this is unnecessary. The insurer is only entitled to medical records related to the injuries you suffered in the accident.
If the insurer approves your claim, you and your attorney will then move forward with negotiating an advantageous financial settlement. However, if your claim is denied, you may need to appeal this decision with the insurer or move forward with a personal injury lawsuit.
When to file a Personal Injury Lawsuit
There is no one specific moment when you realize you must file a personal injury lawsuit to try and recover compensation after a crash. However, there are two circumstances that usually push people to file. In the first scenario, you may file suit right away because there is no auto insurance policy available or because you need to utilize the discovery process to gather information and evidence. Keep in mind, the lawsuit can run concurrently to the insurance claim process.
However, the second scenario is that you file a lawsuit after an unsuccessful claim. This could be after your claim was denied or approved yet failed to yield an appropriate settlement. By filing a lawsuit after an unsuccessful claim, you have the chance to prove your right to compensation in court and to extend negotiations with the insurer who will be defending its customer in court.
Compensation from a Personal Injury Claim
Whether you fight for compensation through an insurance claim or a personal injury lawsuit, you can seek:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
Our Oklahoma City Personal Injury Lawyers Can Help
If you were hurt in an auto accident caused by a negligent driver, do not hesitate to reach out to us at Brown & Gould, PLLC for help with your personal injury claim. We will fight for your right to compensation, whether that means working with an insurer or heading to court. Contact us today at 405-235-4500.