What Are the Steps for Filing a Personal Injury Claim?

May 12, 2022
Delco Car Accident Lawyers at Eckell Sparks Will Help You Hold the Negligent Driver Liable for Your Accident and Injuries.

When you get injured in a car accident, your main focus is getting better and getting back to your regular life. However, you may face financial hurdles during this time, and you may need to file a personal injury claim for damages against the negligent driver so you do not have to pay out of your pocket. Here is how you go about filing a personal injury claim.

See Your Doctor

It might seem odd that the first step is unrelated to court, but seeing your doctor begins the process of filing a personal injury claim. Your doctor will keep meticulous records, and these records will be crucial to showing the extent of your injuries and the impact they have on your life.

Keep Records

It is wise to keep copies of your medical records, but it is also important to keep any records related to your car accident. This could include medical bills, insurance statements, and other documents. However, it should also include your description of how the accident and your injuries have affected your life.

It is a great idea to write down each day about how you are feeling, what pain you have endured, what medical procedures you underwent, the medication you have taken, and how you are feeling. This can paint a detailed picture of how the accident has impacted your life.

Investigate the Crash

This will not be a step you take personally but something your lawyer will initiate. You need to know who is responsible for the accident, so your lawyer will work with accident reconstruction experts to investigate your crash and review evidence. Using this information, your lawyer can begin the process of showing you played no part in causing the accident and your injuries.

Establish Negligence

A personal injury claim centers on negligence. To prove negligence, you need to show that the other driver:

  • Owed you a duty of care to drive safely.
  • Breach that duty of care by driving in an unsafe manner.
  • Caused an accident because of their breach, where you suffered injuries and other losses.

Proving this to a legal standard is not an easy task. That is why it is crucial that your lawyer and their car accident reconstruction experts thoroughly investigate your accident to make sure they are filing a personal injury claim against the negligent party.

Negotiate and File

All this time, your lawyer will negotiate with the negligent driver’s lawyer or insurance company to reach a suitable outcome. Sometimes, you may need to file a lawsuit. Your lawyer will handle this entire process, letting you focus on your health and recovery.

Delco Car Accident Lawyers at Eckell Sparks Will Help You Hold the Negligent Driver Liable for Your Accident and Injuries

After a car accident, filing a lawsuit may be the last thing on your mind. However, the financial burden of an accident should be the responsibility of the negligent driver. Speak with one of our Delco car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. for legal assistance. Call us at 610-565-3701 or contact us online to schedule an initial consultation. Located in Media and West Chester, Pennsylvania, we serve clients throughout  Delaware County, Chester County, and Montgomery County.