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Considerations For Initiating A Personal Injury Claim

Posted January 08, 2022 in Personal Injury

Personal Injury Lawyer

When an accident happens that leaves a victim with damages; it’s best to speak with a personal injury lawyer people rely on to represent them throughout the legal process. There are a variety of avenues that a legal claim may take and several outcomes that may occur depending upon the chosen path. Unfortunately, as the team from Hurwitz, Whitcher & Molloy, LLP will share, even strong legal claims can be impacted when missteps are made. The victim is responsible for understanding the burden of proof because they are responsible for holding this to achieve the best possible outcome. When working with a lawyer, they will assist in taking the steps toward initiating and filing the insurance claim. However, it’s important to note that before taking legal action, it’s in the victim’s best interest to first schedule a legal consultation with prospective lawyers to gain insight into their legal case. 

Understanding the Burden of Proof 

The burden of proof is a legal term that is the standard applied in a court of law where one party must prove the claim’s validity to the court. The burden of proof depends on the type of legal case at hand. The burden of proof is much higher in criminal cases than in personal injury cases. Criminal cases require that the prosecution provide a case with solid evidence that establishes the defendant’s guilt beyond a reasonable doubt. In civil claims, the burden of proof is slightly different as plaintiffs will be responsible for building a case and providing evidence that proves to the court that, based upon the preponderance of the evidence, the defendant is more than 50% responsible for the losses experienced by the victim. 

Filing an Insurance Claim

The most immediate step after an accident will be to seek medical care to receive a diagnosis and treatment for injuries. Once the victim’s condition has stabilized and they have spoken with a lawyer, it will be essential to gather evidence and build the personal injury case. Lawyers will work to build the case and establish the claim’s value while also drafting a demand letter. Upon completion, the demand letter is sent to the insurance company. The demand letter is the first step towards initiating a claim with the insurance company and usually encompasses a written statement, a description of injuries and losses, key evidence supporting the claim, and the expected compensation amount. Once the insurance company receives it, they will assign an adjuster to review the claim. At this point, negotiations typically begin. 

The Importance of Scheduling a Consultation

In the wake of an accident, it’s essential not to delay contacting prospective lawyers with experience in representing cases of this nature. Once victims have narrowed their list down, it’s necessary to schedule a consultation with lawyers to gain case insight into their case. Consultations are beneficial for several reasons, including:

  • The opportunity to meet in person with legal representation
  • The ability to ask legal questions that pertain to the case
  • To gain an understanding of whether the legal claim is valid
  • Te receive a strategic review of the case and an outline of potential next steps
  • For an understanding of legal fees and fee structuring

After an accident, victims will contend with physical injuries, which will have repercussions from pain, financial loss, lost wages, emotional pain, and more. Hurwitz, Whitcher & Molloy, LLP will share that, it’s possible to achieve a positive outcome that allows victims to receive compensation for what they have lost with guidance from a Buffalo, NY personal injury lawyer.

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