The best process of pursuing your personal injury claim depends on multiple factors, like the injury, the location, and victim, and the at-fault party. Most typically, the process can ne summarized by the following seven steps.
- Initial consultation: The victim of a personal injury claim should meet with an attorney as soon as possible to discuss the claim.
- Investigation: The attorney then collects all available evidence and investigates all of the facts and circumstances surrounding the injury.
- Treatment: The victim continues with all medical treatment recommended by his or her doctor.
- Demand package: Once your medical treatment is complete or your condition is stable, your attorney will draft an official demand letter and send it to the at-fault party or their insurer.
- Negotiations: Your attorney will enter into negotiations on your behalf regarding the terms and amount of compensation.
- Settlement: If negotiations are successful, the parties agree to a settlement.
- Litigation: If negotiation and settlement efforts fail, your attorney files a lawsuit on your behalf and the claim is resolved through the traditional courtroom litigation process.
Initial Steps Following an Accident or Injury in Utah
Following an accident or injury, it is crucial to seek immediate medical attention to treat any injuries. Helping you feel better is what is most
important. Obtaining prompt medical care after an injury benefits more than just your physical and emotional condition. Often, a failure to seek treatment or not abiding by your doctor's medical treatment plan could be viewed by the insurance company as a sign that your injuries are not serious.
Once your medical condition is stable, you should consult with the attorneys at Wilcox & Mastrorocco as soon as possible. This allows our attorneys to start the investigation early, request the required records, review any insurance policies, and assist you in getting a personal injury settlement as quickly as possible.
Demand for Compensation and Negotiations
A demand for compensation is commonly submitted to the insurance companies or responsible parties' attorneys after the injured person reaches their maximum level of recovery and the necessary facts and documents have been collected. In this demand, the attorney will submit information regarding the accident that led to your injury, the legal basis for your entitlement to financial recovery, and other detailed information pertaining to the monetary value of your claim.
Once submitted, the parties generally enter into the negotiation process, which could involve additional interviews and document requests. At Wilcox & Mastrorocco, we will keep you fully involved in the negotiation process. You will be made aware of all settlement offers, and you will be in control of deciding whether or not to accept a settlement proposal.
If the parties agree on an amount of compensation for any damages, they will enter into a formal settlement agreement, and the claim will be resolved without proceeding to court. Most personal injury claims result in settlements prior to filing a lawsuit. Occasionally, however, negotiation efforts stall when the parties view the case's value or circumstances differently.
Filing Litigation Does Not Mean You Have to go to Trial.
If the insurance company or at-fault party refuses to offer you sufficient compensation and settlement efforts fail, Wilcox & Mastrorocco attorneys will guide you through the litigation process and ensure that your legal rights are zealously represented. It is important to understand, however, that filing a personal injury lawsuit does not mean your claim can no longer be resolved through a settlement. Rather, Wilcox & Mastrorocco attorneys are typically successful at assisting their clients in reaching settlement without ever going to trial.
When to Hire a Personal Injury Attorney in Utah
An individual is not required to obtain counsel in order to pursue an injury claim. That said, the process of obtaining fair compensation for bodily injuries requires significant legal knowledge and understanding of the laws and court rule. Due to the complexities of this process, it is typically a good idea to discuss a personal injury claim with an experienced attorney even if it is a minor claim that might seem straightforward. That's where Wilcox & Mastrorocco steps in.
If a personal injury claim involves severe damages or contention between the involved parties, it is unlikely the case will be settled in a quick manner or for a fair amount. When significant compensation is at stake, the responsible parties might attempt to shift the blame or do everything in their power to avoid paying what the injured party deserves. Wilcox & Mastrorocco have the expertise to fight for your fair compensation and will burden the stresses arising from contentious litigation so that you can focus on your healing.
Contact Wilcox & Mastrorocco Today
Attorneys at Wilcox & Mastrorocco handle all types of Utah personal injury claims. Call us at 801-960-4046, or fill out our contact form to schedule a free consultation and strategy session.
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