new bedford personal injury lawyerIf you’ve been involved in an accident in New Bedford, the process of filing for a personal injury claim might seem intimidating. The good news is the entire process follows logical steps. This involves looking for and hiring an experienced New Bedford personal injury lawyer,  familiarising yourself with personal injury laws filing a complaint collecting evidence negotiating a settlement, and in extreme cases taking your case to trial. Knowing these steps will allow you to plan ahead because you know what comes next. In this article, we are going to discuss the process of filing a personal injury claim.

How to Find a Qualified Personal Injury Lawyer in New Bedford

Researching and retaining a personal injury lawyer in order to file a claim provides more pros than cons. Research shows that hiring a lawyer increases your chances of receiving a larger settlement and reduces the stress of having to deal with insurance companies and any other entity involved in the personal injury claim process. 

The first step towards finding a lawyer is conducting a simple Google search. You can use keywords such as “personal injury lawyer near New Bedford”.You can pick out a few names from the search results and conduct further research on them by looking at the reviews and checking out websites such as the New Bedford Bar Association website.

What Should You Look For in a Personal Injury Lawyer?

Not only should you look for a lawyer who has years of experience handling cases similar to yours but you should also look at the outcomes of those cases.

Remember that simply obtaining a settlement is not always a win. Some lawyers run settlement Mills.  This means that the lawyer really takes their cases to court even when the insurance company gives lowball offers to their clients. Ideally, you want a lawyer who will go all-in for you rather than settle for a sub-par settlement. 

Once you have narrowed it down to three lawyers make a point of calling or meeting with them. Most personal injury lawyers offer free initial consultations so you should not be worried about the cost of talking to them. During the consultation, your lawyer will evaluate your case and answer any questions that you may have. They might also express their interest in moving forward with you. This is a great way of analyzing how your attorney-client relationship will be.

 Once you have picked out a lawyer of your choice and they are willing to work on your case you can now discuss payment. Many personal injury lawyers work on a contingency fee basis.  this means that they will only get paid once they secure a settlement for you. When you receive your settlement they will take a percentage of it. The good news is that almost all lawyers charge the same percentage so you don’t have to research and compare percentages.

What Exactly is a Personal Injury Claim?

A personal injury claim is a process of filing a legal case where you’ve been hurt in an accident that was the result of someone else’s negligence.  To start the process you should request payment for damages from the at-fault party by sending a demand letter to the insurance company. You can also send a demand letter to your own insurance company.  if the insurance company denies your claim or refuses to give you a fair settlement you will then file a personal injury lawsuit. 

What is Entailed in a Demand Letter?

The demand letter basically states why the insurance company should pay you for the damages.  It includes:

  • Why the at-fault party is responsible for your injuries.
  • A summary of the injuries and damages that you incurred.
  • How much you spent on medical treatment and which type of treatments did you receive?
  • How much is your lost income?
  • Any other damages such as emotional distress and pain and suffering.

Once the insurance company reviews your claim they may decide to deny it or they may not pay you nearly enough. Some of the common reasons why insurance companies deny claims include:

  • Lack of evidence to support your claim
  •  The accident wasn’t caused by their client
  •  Your injuries weren’t a result of the accident
  •  You delayed getting medical treatment and this means that your injuries are not as severe as you claim they are

If the insurance company denies your claim then you can move on to the next step of filing a complaint. At this point, you should consider involving a personal injury lawyer near New Bedford. 

 Filing a Complaint

When you file a complaint, you are giving the at-fault party and the court notice that you are filing a lawsuit and you are seeking compensation for damages. In most scenarios, formal complaints are filed against the insurance company but there are situations where you can file a complaint against a private citizen, a government agency, or a business. Your complaint will include:

  • List of all the parties involved
  • Evidence that supports your claims 
  • Your legal claims
  • How much you are seeking in compensation

Once your personal injury lawyer has filed the complaint they have 30 days to serve the complaint to the at-fault party. The complaint must be served in person because there needs to be proof of receipt. A process server will be used to serve the complaint. 

Defendant has 30 days to respond to the complaint. If they do not answer the court will award a judgment in your favor. If they respond to the complaint then the case will proceed as normal.

Hiring An Experienced New Bedford Personal Injury Lawyer

If you need a skilled personal injury lawyer near New Bedford, our lawyers at Kevin P Landry Law Offices are happy to help. We can help you navigate the claim process and get you the compensation that you deserve. Contact us today at 508-999-0800 to schedule your free initial consultation.