Did you recently suffer an injury, and getting your settlement seems to be taking forever? Getting a personal injury lawsuit done and dusted may take a while; so, you might want to plan your finances properly until your compensation is finalized. Check below for the timeline and checklist for personal injury lawsuits.
What qualifies you to file a personal injury lawsuit?
If you sustain an injury as a result of the intentional act, carelessness, or negligence of another person or entity, you are within your rights to file a personal injury lawsuit. A personal injury lawsuit allows you to get compensation for your injury through a civil court process. The area of personal injury is broad, and it can cover injuries sustained from auto accidents, medical malpractice, slips and falls, dog bites, product defamation, etc.
The types of injury that can pass as personal injury are also quite broad. Some of them include neck and back injuries, limb injuries, spinal cord injuries, head injuries, internal organ damage, cuts, and burns, etc.
After the accident, get treatment and document the accident.
The kind of personal injury compensation that you are going to get is largely dependent on how severe the injury is. So, if your injury will cost you money or affect your normal lifestyle, it qualifies you for a personal injury claim. So, immediately after the accident, get a doctor to check you out and get treatment immediately. Also, get a police report to document the accident. You also need witness accounts of the accident and pictures of the accident scene. You can take the pictures yourself too. Just make sure you do it immediately.
Hire a Qualified Attorney
After getting medical treatment, the next thing to do is find an experienced personal injury attorney. Do not rush to choose a lawyer for your case. Make sure you pick a lawyer with a proven track record. Franks & Rechenberg. P.C. Attorneys at Law has a team of capable lawyers that will help you fight your case.
Your lawyer will try to understand the details of your case, how you are recovering, and your overall medical history. It is important to do these so that the lawyer can determine how strong your case is.
There must be strong evidence to indicate that the at-fault party is indeed at fault. This means you have to be able to prove that the other party was careless or negligent. Example of evidence to
Your lawyer will work with you to calculate how much you should demand as compensation. Your damages should cover the following; loss of income, medical bills, pain and suffering, loss of enjoyment or living privileges, and Emotional distress.
Filing the Suit
After working out the damages, the next thing is to file the suit within the statute of limitations in your geographical location.
This is the process of exchanging information with the defense, asking questions, and organizing interviews with witnesses. This can take between six months to a year as it usually involves a lot of back and forth.
Settlement conversations usually come up at the stage of discovery, and it is usually after establishing fault, and the at-fault party does not wish to go to court. Settlements are usually also lower than the worth of your claim. Thus, you have to choose between closing the case quickly or waiting it out in court.
A personal injury trial will likely last for weeks, depending on the evidence, how many witnesses, and how long their testimonies are. Most personal injury cases close after the trial.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your personal injury case.