Personal Injury Claim Process

The steps for most personal injury claims are similar. Here, we have listed the key stages that most claims go through. However, each case is unique, depending on the circumstances of the incident.

AVAILABLE 24/7

At Warnock MacKinlay Law, our dedicated and experienced staff is available to serve you 24/7, 365 days a year. Reach out to us via phone, LiveChat, or secure online form and you’ll be talking to someone who is knowledgeable about the personal injury claim process. Our team is always caring and compassionate when helping you. You can also find us on Facebook, Twitter, Instagram, LinkedIn, and YouTube if you need any additional assistance.

FREE CONSULTATION

At Warnock MacKinlay Law, we offer free consultations to accident victims so they can learn more about their rights and legal options. Our initial consultations are completely free of charge, and you are under no obligation to retain our services after meeting with us. During the free legal consultation, we will discuss the details of your incident and any concerns you may have. Topics of discussion may include how the incident occurred, who was involved, who may be liable, the injuries sustained, and any treatments received or needed in the future. At the end of the consultation, you will receive an assessment of your claims and advice on how to proceed with your case. We will also explain the legal process, including any potential fees and costs for services.

INVESTIGATION

When you work with Warnock MacKinlay Law, you have the assurance of experienced legal professionals to conduct a thorough investigation of your accident. Our legal team will go to great lengths to investigate your accident, collecting documents, obtaining witness statements, and engaging experts to examine the evidence. We take the time to understand the situation and build a strong claim to ensure you receive the justice and compensation you deserve. Our goal is to prove your claim and secure the best possible outcome.

TREATMENT

While your injury attorney at Warnock MacKinlay Law is conducting an investigation and setting up insurance claims, you should be focusing on recovering from injuries sustained as a result of the accident. It is important to follow your doctor’s prescribed course of treatment so you can make a full recovery and reach maximum medical improvement. It is beneficial to keep a record of medical professionals seen, the cost of any out-of-pocket expenses and the dates you had to take off work due to treatment, while going through the process of seeking compensation. This will help your lawyer take into account all potential damages you are eligible for and incorporate them in your Demand.

Read: WHY YOU SHOULD KEEP AN ACCIDENT JOURNAL

DEMAND

The Demand is an important part of the personal injury claim process. It provides an overview of the accident, the theory of liability, and the demand for settlement. The Demand includes the Police Report or Incident Report, pictures of Property Damage and Injuries, Medical Bills and Records, Receipts for Out-of-Pocket Expenses, and Documentation of Lost Wages. After the Demand is assembled, your legal team will review it with you to make sure it is complete. In most cases, the Demand is then sent to the at-fault party’s insurance carrier. This enables the insurance carrier to evaluate the value of your claim and respond accordingly.

NEGOTIATION

Once the insurance carrier has reviewed the Demand, your legal team at Warnock MacKinlay Law will keep you informed of any settlement offers. We will explain the different options you have, taking into account our knowledge and experience with similar personal injury cases. Ultimately, the decision of whether to accept a settlement offer, make a counter-demand, or file a lawsuit is yours to make.

SETTLEMENT PROCESS

If a settlement is reached that fully compensates you for any injuries, a legal agreement will be prepared outlining the terms of the settlement. Your legal team will also create a Settlement Memo for you to review, which explains how the settlement funds will be distributed. Although most personal injury cases can be settled, there may be times when filing a lawsuit is necessary if the insurance company does not acknowledge the full value of your injuries.

LITIGATION

If an agreement is not reached by way of a settlement, your lawyer will file a lawsuit in court and ask that the issue be taken to trial before a jury of your peers. The jury will hear your story and assess the evidence presented and will decide how much money you should be awarded to you.