Personal Injury: When to Sue?March 23rd, 2017 by 1-800-THE-LAW2
Personal Injury: When to Sue?
If you have been hurt in a personal injury accident, you may have lots of questions regarding your right to sue. Common personal injury cases include car accidents, medical malpractice events, slip and fall cases, defamation, dog bites, assault, battery, and other incidents that involve intentional harm.
A legal claim can be made either through a personal injury lawsuit or insurance action. The purpose of going through this process would be to recover compensation for your injury to pay medical expenses, and damages to cover the cost of lost wages. You may also be able to receive compensation for emotional distress and pain and suffering, depending on your specific case.
Filing your claim must be done within the appropriate timeframe, known as “statutes of limitations”, which is the maximum time you have to bring forth your lawsuit. These limitations differ from state to state but if the period passes, you may not be able to even recover compensation for your injuries. Check on state specific laws, or contact 1-800-THE-LAW2 for a free consultation with a personal injury attorney.
When you file your claim, you (or your attorney), will need to prove that the person you are making the claim against was negligent in some way. This means they breached a legal duty to you, which resulted in the accident and ultimately, your injuries. To prove the other party was negligent, you should be prepared with specific evidence including:
- A police report documenting the circumstances of the incident
- An accident report by the owners of a property where an accident occurred
- Eyewitness statements
- Photographs and video from the scene
- Records of all medical treatments associated with your injuries
- Documentation of time missed at work, and records showing your typical income to show how much wages you have lost
- Expert testimony from a doctor or medical expert regarding the cause of your injury
If you have suffered a serious injury, it is recommended that you consult with an attorney immediately. They can take the stress out of the process by filing paperwork, obtaining evidence, and conducting an independent investigation to prove your case.