How to File A Personal Injury Lawsuit
Personal injuries can happen in a variety of ways. You could easily slip and fall or be hurt in a car accident to name a few. But, when you are deciding how to collect the compensation you are owed for these injuries that are the fault of another, you may wonder what the process of filing a personal injury lawsuit really is.
Can I Get Compensation From An Insurance Company?
Most personal injury cases settle out of court or even before a lawsuit is filed. You need to know if the person that caused your accident had insurance or not. If they do have insurance, you may be able to settle your injury claim through the insurance company with little trouble.
For those personal injury accidents, where the negligent party does not have insurance, you may be in a bit of a predicament. Filing a lawsuit against these parties may be very difficult to collect any compensation. In most instances, the reason they don’t have insurance is because it is not affordable. The chances of you collecting any settlement award are very slim in these cases.
When the party that caused your accident does not have insurance, you may want to think about filing an injury claim with your own insurance company. Minor injuries may produce the settlement you are looking for and help you recover without issue.
When working with an insurance company, whether it is your own or another’s, you should consider having an attorney negotiate on your behalf. They know what is fair compensation and can handle the pressures that many victims of personal injuries succumb to. Insurance companies are looking for the cheapest and fastest way to settle an injury claim and may not offer you proper compensation to cover your medical expenses or lost wages from work.
Do I Need A Personal Injury Attorney?
Working with an insurance company to recover a settlement for your injuries is your best bet unless you are unable to collect fair compensation. In these instances, you may want to consider hiring a personal injury attorney to help you with your case.
Your personal injury lawyer will represent you should your case go to court. They can also negotiate with an insurance company on your behalf. This often results in a larger settlement offer as insurance companies are looking for a quick and low-priced fix to your injury claim. Your attorney will fight to get your fair compensation and may suggest you take your case to court if a settlement agreement cannot be reached.
A personal injury lawyer will build a case against the negligent party that caused your accident injuries. They will investigate the cause of your accident and develop a case that fights against the defendant to reach a settlement award for your injuries.
When hiring a lawyer, you need to think about what your goals are with your injury case. Many personal injury attorneys will provide you with legal advice through a free consultation which can help to answer many of the questions you have about your case. This can guide you in the right direction and help you to take the best course of action in your injury case.
How Long Do I Have To File A Personal Injury Lawsuit?
It is also important to keep mind how much time you have to file your personal injury case with a court of law. Most states have a statute of limitations that dictate the amount of time that you have to file your lawsuit within the court system. Failure to file by the deadline indicated could result in your case being dismissed without a settlement awarded. You would ultimately be responsible for your medical expenses and lost wages from work, by filing your lawsuit outside the deadline no matter how severe your injuries are.
Should I File A Personal Injury Lawsuit?
Now, if you have considered all your options and are certain that a personal injury lawsuit is the only way to receive the compensation you are due, you need file your injury complaint with your local civil court. Your attorney can help process your lawsuit and get the case moving through the court system.
This may provide you the outcome you are looking to achieve as your case will go before a jury that will determine fault in your case. The jury will also decide on the settlement amount you are to receive should your case win in court. This can provide you compensation to recoup your losses from a personal injury, allowing you to recover without financial stress.
Liz S. Coyle is the Director of Client Services for JacksonWhite Attorneys at Law. She also serves as a paralegal for the Family Law Department. She is responsible for internal and external communications for the firm.