There is nothing more painful than suffering an injury due to another person’s negligence. Personal and physical trauma is likely to cause you mental and financial issues, whether it’s a workplace incident or an accident on the road. This is where you need to think about filing a personal injury lawsuit to cover up some losses. Some specialized attorneys can win you a reasonable settlement and help you recover. However, the following are a couple of things you should do before filing a personal injury lawsuit.
1. Medical Record
Even if you have suffered a minor injury, it’s good to seek medical care. Once done, keep a medical record of the injury, treatment, medication, and bills. If you think your injury warrants a personal injury lawsuit, then this record will come in extremely handy. It is an indirect timeline of the injury, your recovery, and the subsequent loss of finances and paydays. A well-kept medical record after the injury increases your odds of winning the lawsuit. Medical records are also the first thing any attorney would want to see before building your case.
2. Statute of Limitation
This is an essential aspect of filing any lawsuit. Statute of limitation is a time when a case has to be registered; once it passes, it is not admissible in any court. Different states have varying statutes of limitations, but personal injury cases in most states have a two year period. Before filing a lawsuit, confirm when the injury occurred and the actual date of filing the lawsuit. Filing a lawsuit will be nearly impossible if the time limit has passed.
3. Consultation
To get a fair settlement out of the lawsuit, you must hire an attorney specializing in such cases. Most personal injury claims can be settled without even going to court. However, the case can get complicated if you have suffered a major injury; therefore, an attorney must build a convincing case. They know how to compile the documents, analyze the timelines, summarise the expenses and create a compelling narrative to win the lawsuit. Remember, even if the injury is minor, you should hire an attorney; they are the only people who can win you a reasonable settlement.
4. Insurance
Before filing a lawsuit, always confirm if the other party has insurance or not. If the other party’s insurance company covers such losses, winning a lawsuit can get easy. Most cases are resolved out of court because of insurance coverage. However, if the insurance company doesn’t cover or deny the claim, you can file a lawsuit against that person or organization. Therefore, when you get injured, you or someone close to you should gather insurance information of the other person to minimize the financial damage.
5. Settlement
It would be good to hold settlement talks before filing a lawsuit against the person. As mentioned previously, most injury claims are settled out of the court; therefore, holding settlement talks can prove beneficial for both parties.
These critical requirements to file a personal injury lawsuit are enough to begin the legal proceedings. Consider the stated requirements before filing the lawsuit to save time and hassle later.
