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The Personal Injury Claim Process
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Durham Personal Injury Attorney Helping You Navigate Your Claim

If you have been injured in an accident due to someone else’s negligence, you may be entitled to compensation for your medical bills, lost wages, pain, and suffering, and other losses. Unfortunately, these claims can be difficult for non-lawyers to pursue. The claim process can be difficult, and if you can’t prove your case, the insurance company isn’t likely to pay you the compensation you need to pay your bills. Handling the correspondence, collecting the documentation, and gathering the evidence you need can be overwhelming when you’re trying to recover from your injuries. Fortunately, a Durham personal injury attorney from Martin & Jones can help you with your case so that you can focus on your recovery. 

Proving Your Case

It’s important to remember that you have to prove your case, even if it seems obvious that the other party is responsible for your injuries. Whether it’s a medical malpractice case or a slip-and-fall injury, your lawyer will have to prove each of the following elements in order for your personal injury claim to be successful: 

  1. The other party owed you a duty of care. In other words, the other party had a legal obligation to make a reasonable effort to avoid causing harm. 
  2. The other party breached that duty. The next step is to prove that the other party somehow breached their duty to you. In most personal injury cases, this means proving that the other party was negligent in some way.
  3. The breach caused the accident. This may seem obvious, but you need to prove that the other party’s negligence caused your accident. There needs to be a connection between your accident and their negligent actions. 
  4. You were injured because of the accident. This element may also seem obvious, but you cannot recover compensation unless you suffered harm. This element can be problematic for accident victims who have pre-existing injuries or other chronic conditions. 

Each of these elements may seem simple and easy to prove. However, proving these elements is often more complicated than many people expect, and you must prove all four. You cannot prevail on your claim unless you prove every single element. A Durham personal injury attorney will be able to gather the evidence you need to prove your case. 

How a Durham Injury Law Firm Can Help

A personal injury attorney can do much more than filing a lawsuit and represent you in court. In fact, most of the cases personal injury attorneys handle will settle without having to file a lawsuit. In fact, the sooner you get an attorney involved, the stronger your case will be and the more quickly you can get the compensation you need. The following are the steps we take to help our clients successfully pursue their claims: 

  • Claim preparation. This is perhaps the most important step in pursuing a personal injury claim but can also be the most burdensome when you’re injured. We work with our clients to collect the documentation needed to support their claims, such as medical records, accident reports, witness statements, and proof of their lost income. Unless you have hard evidence to support your claim when you submit it to the insurance company, it is likely that it will be denied. 
  • Negotiation of your claim. Once your claim is fully documented, we will submit it to the insurance company with a demand for payment. They rarely pay the amount requested. Instead, claim submission is typically the start of a negotiation process. The negotiation can proceed quickly, or it can drag on for weeks and months with a substantial amount of back-and-forth. A Durham personal injury attorney can handle all the communications with the insurance company and advocate for a fair settlement of your claim. They will also work with you on any settlement offers to make sure you always understand your options. 

If Your Claim Doesn’t Settle

Unfortunately, not all cases are able to be settled. This may be because the insurance company is simply refusing to pay fair compensation, or for one of the following reasons: 

  • Your case involves complex legal questions; and/or
  • The parties have a fundamental disagreement over the facts. 

In these situations, your only option to pursue the compensation you need is to file a lawsuit. Filing a lawsuit requires knowledge of the law and legal procedures, and even a minor mistake can jeopardize your claim. Working with Durham personal injury attorneys from the outset of your case means that they will be fully prepared to take the next step and file suit when the insurance company will no longer consider a fair settlement. 

Going to Trial in Durham

Once the lawsuit has been filed, it is still possible to settle your case before you go to trial. Unfortunately, you can’t rely on this option. A Durham injury law firm can continue settlement discussions while preparing your case for trial. This may entail subpoenaing documents and other evidence, attending court hearings, and conducting depositions. Ultimately, the objective is to ensure that your case is as strong as possible when they have to try your case. 

Along the way, your lawyer will work with you to make sure that you are fully apprised of how your case is proceeding. If they are unable to settle your case and you have to go to trial, they will also make sure you are fully prepared to testify.

Talk to a Durham Injury Attorney at Martin & Jones

Our Durham injury law firm was founded in 1982, we have decades of experience helping people recover compensation for their personal injury claims. We work side-by-side with our clients to make sure they understand their options and help them make informed decisions. To schedule a free consultation with an attorney who can get your results, contact us today at 800-662-1234.

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Contact Our North Carolina Personal Injury Law Firm

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Call us at 800-662-1234
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The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.