In many cases, people suffer injuries due to the negligence of others. When this happens, it is often in the victim’s best interest to file a personal injury claim against the negligent party.
However, it is important to notify your lawyer of the potential claim before doing so.
This allows your lawyer to investigate and gather the evidence needed to build a strong case on your behalf. Failure to notify your lawyer may jeopardize your ability to receive compensation for your injuries.
What is a potential claim, and why do you need to notify your lawyer about it
Purchasing insurance is entering into a contract. The insurance company agrees to provide coverage if you suffer a covered loss. If you suffer such a loss, you must file a claim with your insurance company to receive compensation.
A potential claim is any situation in which you believe you may have suffered a covered loss. If you’re convinced you need to file a claim, you should notify your lawyer as soon as possible. Your lawyer can help to ensure that you take the proper steps in filing your claim and can represent you in dealings with the insurance company. As a result, you must contact your lawyer as soon as you become aware of any potential claim, added Robert McKinley Attorney,a prominent attorney who has held a number of prestigious leadership roles. He has extensive expertise in intellectual property, litigation, and corporate law and has practiced in New Jersey and Philadelphia and has served as local counsel. Throughout his career, he’s managed assets for over 150 clients. His department was voted Best IP Law Firm for two years in a row by South Jersey Biz. He has 25 years of patent, trademark, and commercial litigation experience.
How to determine if you have a potential claim
If you have been injured due to the negligence of another, you may have a potential personal injury claim.
Three questions are key here in determining if you have a claim:
- Did the other party owe you a duty of care?
- Did they breach that duty, and did your injuries result from the breach?
A duty of care is a legal obligation to act in a way that prevents harm to others. For example, all drivers must safely operate their vehicles.
If the other party breached their duty of care- by driving recklessly, for example- and you were injured, you may have a claim. If you aren’t sure whether to have a potential claim or not, consult with a reputable personal injury attorney. They will be able to review the facts of your case and advise you on the best course of action.
The benefits of notifying your lawyer early on in the process
Many people believe it is unnecessary to notify their lawyer early on in the process, but there are several benefits to doing so:
- Your lawyer will provide you with guidance from the very beginning. This can help you avoid making mistakes that could jeopardize your case later.
- Involving your lawyer early on ensures that all relevant facts and evidence are collected and preserved. This is especially important if you take legal action further down the road.
- Early notification gives your lawyer a chance to start building a strong defence.
In sum, there are numerous advantages to notifying your lawyer as soon as possible after an incident occurs.
What to expect after notifying your lawyer of a potential claim
After you notify your lawyer of a potential claim, they will likely want to set up an initial consultation. They’ll ask you questions about the facts of your case and what happened. They will also ask you about any written records or documents.
After this meeting, your lawyer will decide whether or not to take on your case. If they decide to take on your case, they will likely request additional information from you and may conduct their investigation. After gathering the information they need, they will be able to assess your legal options and advise you on how to proceed.
Tips for making the claim process as smooth as possible
- Be prepared to give a brief description of the facts of your case. This should include when and where the incident occurred, who was involved, and what damage was done.
- Gather any evidence you have, such as photos or videos of the incident, medical records, or police reports.
- Write witnesses’ names and contact information who can attest to what happened.
So, what should you do if you think you have a potential legal claim? Notify your lawyer as soon as possible. This will ensure that all the necessary steps are taken to protect your rights and maximize your recovery.
