Hello World! Welcome Friends! Negligence is often defined as a “breach of a duty of care which results in damage.” According to this definition, any damage done to an individual by another party falls under the category of negligence. Personal injury cases refer to this sort of injury caused by the negligence of another party involved. The number of personal injury cases is staggeringly high and refers to a number of different accidents which are not only caused by one individual but a whole structure can stand behind it (your employer, for example, and the company he or she holds). Whatever the case may be, you have a right to compensation, covering all the medical bills and working hours missed due to the injury. The injury can also refer to emotional abuse that results in long-lasting trauma.
If you happen to be a victim, read on as we’ll discuss how to file a personal injury claim and which steps to take.
Assessment By a Professional
The first thing to do is to seek the help of your lawyer to assess the personal injury and make an accurate estimate of the damage done.
Most insurance companies are prone to using different “tactics” and having a legal representative by your side, or at least their professional opinion in mind can ensure you a win. Therefore, before making any possible moves, we strongly advise reaching out to a lawyer for professional assessment, as he/she will immediately tell you whether your case has a high chance of winning or not.
Your lawyer can also suggest different strategies and make sure you don’t fall under the influence of the insurance legal team, as they’ll give you different offers to settle the case outside of court. Never hesitate to ask for help from someone experienced and well acquainted with the law.
Filing the Lawsuit
Once you decide to go to court (if you don’t reach an agreement with the insurance company or another party involved), the next step is to file a lot of paperwork and documents. You’ll have to make a complaint, a legal document in which you state the nature of the injury and on what account you are holding the other party responsible for the accident. Usually, the first part of the complaint covers the factual basis of your case. Then, the court’s jurisdictions are numbered in the following paragraphs (confirming the facts, taking statements, establishing legal theories) and within the complaint, you also claim compensation, i.e., the amount of payment you require from the other party for the damage done to you. If your injuries happen to be minor, you still have a claim for damaged property and emotional trauma. Then comes the signature, and never forget to give a copy of the complaint to the defendant. The last step is crucial as it enables the court to impose jurisdiction over the defendant.
Also, there is a summons, a legal term referring to a document served to the defendant. It acts as a notification to the other party of your lawsuit. Or as the name suggests, the other party is literally being “summoned” to court by you on account of the lawsuit.
Yes, a lot of paperwork, signatures, and a lot of copies, yet all this is crucial for building a strong case and having a good start. This is why hiring a lawyer is fundamental, as you’ll have complete legal assistance during the whole ordeal.
Avoid Speaking to Anyone Outside of Court or Without Your Lawyer
Generally, this is a well-known rule and people tend to overlook it, making the mistake of jeopardizing their whole case. Insurance companies or any party involved will look at every detail with the intent of obstructing the case, so avoid speaking or giving any statements outside of court and without your lawyer by your side. Make sure to always seek the professional counsel of a lawyer before giving any statement or signing any document.
Make Sure to File it Within the Statute of Limitation
In most states, there is a status quo on the statute of limitation, and therefore, you’ll need to act within this time frame to avoid any possible rejections of the case and further complications.
The statute of limitation starts from the moment the injury occurs, and, depending on the state, the deadline can vary. We advise never waiting until the very last moment, as some unexpected complications can postpone court hearings and dates. Take this into account when filing a lawsuit and make sure to gather all the needed documentation beforehand.
Never give up your rights as you are entitled to compensation even in the case of minor accidents and injuries.
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[…] Want to File a Personal Injury Lawsuit? Here’s Everything You Need to Know […]