Steps to Filing a Personal Injury Lawsuit

A personal injury can come about during an accident caused on the job, on the road or on another’s property. A personal injury claim can be made if the accident was the result of someone else’s negligence, i.e., your injury was caused by their carelessness. To file this kind of claim, you must prove that the other person was responsible for your safety, acted negligently in a way that put you in danger and that their actions directly caused your injury. Proving this can be a long and challenging process, as a personal injury lawyer, can explain. There may be discrepancies by the insurance companies over who was actually at-fault, and your claim can be brought to a grinding halt. When this happens, you may need to consider filing a lawsuit. Here are the steps to follow.

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  •  File an Insurance Claim

Before you do anything, check to see what your insurance policy covers. If another person was guilty, you’ll be filing a claim with their insurance instead. It can help to see if the other person can actually pay you what you’re owed should you file a lawsuit. If they don’t have insurance, or their policy only extends a limited amount, you may win the lawsuit but still not receive the funds for your injuries.

  •  Hire a Lawyer

The size of your case may sway your decision in hiring a lawyer. If it’s overly complicated with a large amount of money at stake, hiring one may be a better option. Personal injury lawyers have experience handling these exact cases and can tell you whether a lawsuit would be successful or not. They also have the knowledge to work with legal jargon, whereas you may not.

  •  Filing a Complaint

If all else fails and you aren’t getting anywhere with a potential settlement, it may be time to file a complaint in court. A complaint is simply a statement of your case, including the injuries, the accident and the defendant you believe is guilty for your losses. The complaint must then be served to the defendant. Due to statute of limitations, you only have a certain amount of time to file a lawsuit, so make sure you haven’t passed your state’s deadlines.

Even if your case seems small, you may struggle with the legal practices revolving around a lawsuit. It can be an overwhelming time, and seeking the aid of a lawyer can be beneficial to your wellbeing and your case. Consider making an appointment with one to talk about your personal injury.