How to File a Personal Injury Claim

If you have been injured in an accident in Georgia that was someone else’s fault, you may want to file a personal injury claim. A claim will help you recover money to pay for your medical bills, lost time from work, property damage, and other costs related to your accident. Filing a claim also holds the person who caused the accident responsible for their actions. Here are the basic steps in filing a personal injury claim in Georgia.

1. Seek Medical Attention

Immediately after the accident, you need to be treated for any injuries. Depending on the accident, you may be treated at the scene, taken by ambulance to a hospital, or advised to visit urgent care or your personal physician as soon as possible. It’s important to be evaluated after an accident; some injuries may be internal or develop several hours after the accident. Also, without proper medical care, it can be difficult to prove the extent of your injuries and obtain the compensation you deserve.

Make sure you keep copies of every medical bill, copay, or invoice from urgent care or the hospital, and keep those documents in a safe place.

2. Consult an Experienced Personal Injury Attorney

Georgia law does not require accident victims to work with personal injury attorneys – but an attorney can make a huge difference in the success of your case. An attorney can evaluate your claim, determine how much your case is worth, investigate your accident, gather the necessary evidence, negotiate with the at-fault party and their insurance company, as well as take your case to court if necessary.

After an accident, you may be injured, stressed about the medical bills and lost work, and overwhelmed with the claims process. The insurance company will do everything possible to deny your claim or offer a low settlement. An experienced personal injury attorney can manage your case, communicate with the parties involved, and fight for the compensation you deserve.

3. Notify Your Insurance Company

After an accident, you should contact your insurance company and let them know of any injuries or property damage. Georgia is a fault state, meaning that if an accident happens, the at-fault person(s) and their insurance company are liable for the victim’s medical bills, lost wages, property damage, and other related expenses. A personal injury attorney can communicate with both your insurance company and the at-fault party’s insurance company, so that you can focus on your recovery.

4. Document Your Injuries and Gather Evidence

It’s important to start documenting your injuries and gathering evidence as soon as possible after your accident. All of this information will be used to prove your personal injury case. The stronger your evidence, the stronger your case.

If possible, you should take photos at the scene of the accident. Document any injuries or property damage. After your medical treatment, keep track of any medical bills, hospital invoices, or other related expenses. Write down the medication you’re taking.

While you are documenting your injuries and treatment, your personal injury attorney will be investigating your case. This can include collecting surveillance video from the scene, requesting the police report, talking to witnesses, reviewing your medical records, etc. All this information will help your personal injury attorney prove who was at fault for the accident and what compensation you’re entitled to.

5. Draft a Demand Letter

If you’re working with a personal injury attorney, they will likely be the one who will draft a demand letter and send it to the at-fault party’s insurance company. Demand letters include important details of your claim like where and when the accident happened, who caused the accident and how, a list of medical expenses and lost wages, as well as a demand for compensation. Many demand letters will also include a timeline for when the insurance company must respond – generally, 30 days.

6. Negotiate a Settlement

At this point, your personal injury attorney and the at-fault party’s insurance company will negotiate a settlement. If the insurance company lowballs the accident victim or refuses to settle, your attorney will likely take your personal injury case to court. (However, most personal injury cases are settled before going to trial). In court, your attorney will present their evidence to a judge and jury and advocate on your behalf for the compensation you deserve from the accident.