How do I file a personal injury lawsuit?
We understand that being involved in an accident of any kind can be devastating. You might have injuries that leave you unable to work and cause you to financially struggle. Filing a personal injury lawsuit may be the next logical next step to get the compensation you deserve. However, the right attorney by your side can mean the difference between winning and losing. While you are not legally required to have an attorney to file a claim or lawsuit, you may be best served by having professional legal assistance.
Why Getting Medical Treatment Is Imperative
The first step in the process of filing an injury claim is getting medical treatment. Many people feel that after an accident they don’t need medical intervention. The medical reports are what are used as the basis for your claim. Without a verifiable injury, there is no claim or suit. You must work through the process of completing all treatments and complying with the doctor’s recommendations. The medical bills will be included in the damages claim.
In addition to the medical bills, a personal injury lawyer may also gauge your pain and suffering as well as any lost wages to come up with a dollar amount for damages. It’s hard to tell exactly how much your case is worth during your initial consultation. Have you experienced chronic pain, surgery, or depression because of this incident? These are all things used to determine an asking amount.
The Demand Letter
Once your personal injury lawyer has collected all the documentation needed for your claim, he or she will likely send a demand letter to the insurance company. Did you know that more than 95 percent of these cases are settled before it goes to court? When a strong case is presented to the insurance company, they will often want to settle and avoid a costly trial.
Filing the Case in Court
If the insurance company is not cooperative, then your personal injury lawyer may take the case to court. As part of the litigation process, your lawyer may call on expert witnesses to testify about the accident, your injuries, and in this way verify that the requested damages amount is justified.
The Statute of Limitations Limits Filing Time
When you have been the victim of an accident, the law limits how long you have to take your case to court. The statute of limitations is different for each state, and some stipulations may extend that time period. A consultation with a personal injury lawyer such as the Personal injury lawyer Las Vegas, NV locals trust may be in your best interests.
Thanks to authors at Nadia Von Magdenko for their insight into Personal Injury Law.