How to Sue for Personal Injury

Accidents often happen the very least that you expect it to occur and at times like these victims are left unprepared and unsure of how to proceed.

Most people will experience an injury of some sort or other forms of hurt and damage at some point in their lives.

Not all injuries give rise to a certain legal claim, some are brought about due to age, genetics or by an accident which is unavoidable.

However, when another person, entity or organization is legally at fault for the incident that led to an injury, depending on the grounds, you may have a legal claim on it. When this occurs to you or someone you know, a lot of uncertainty will be faced and immediate but calculated decisions should be done promptly.

Other than seeking medical attention for damages incurred, one must also seek assistance for a qualified, experienced legal representation and a walk through on the personal injury lawsuit process.

Certain considerations should be established prior to getting a legal guidance from an expert on personal injury law:

• What areas of law does the attorney or the personal injury expert specialize in?

  • Be sure that the lawyer you would be getting has an extensive background in personal injury law and knows a lot of personal injury case examples that they can refer to

• Has the attorney taken similar cases in the past, how many and what was the result?

  • Determine the batting average of the attorney based on the past cases he or she has handled as this would most likely dictate the outcome of your personal injury case. Though past performance is no guarantee of future results, but at least you will have a better feeling for what has been possible for this particular attorney of firm.

• Will other lawyers be handling the case?

  • We often times see certain attorneys or lawyers in Ads and TV but in reality, different junior attorneys or staff people will be taking over the case. It is important to pinpoint a specific personal injury lawyers to ensure consistency of who to contact with and pass on relevant information.

• How frequent does the attorney go to trial?

• Can the lawyer provide references from past clients or partners?

  • Previous client references can provide a good indicator of whether previous clients were satisfied with the attorney's performance and can be a source of information about the results obtained, time frame, and what else you can expect from your attorney.

Prior to suing personal injury car accident or other personal injury cases, one usually need to prove that the person you are making a claim against was really negligent.

This means that they have breached a legal duty owed to you and that certain breach led to the actual accident which in turn resulted to the injury or damages. As a victim or a plaintiff, you must also be able to prove that you have really suffered actual damages as a result of the injury.

All of these actions are placed under the burden of the one making a claim and by all means necessary he or she must be able to prove to the court and the jury that everything being presented should be true regarding the cause and the extent of the injuries and the defendant’s liabilities.

Evidences necessary to prove the claim should all be prepared and documented other than the personal injury pain and suffering that the incident has caused. These will include the following:

• A detailed police report documenting the circumstances and cause of the actual accident
• An incident report requested from the store, business establishment, restaurant where the slip and fall or other personal injury case has occurred
• Eyewitnesses’ statements attesting the details of when, where and how the injury occurred
• Possible availability of pictures or photographs from the accident scene and any evidences that might help document or prove the cause and the circumstances of the injury
• Documents and records of all medical treatment associated with the injury. These include emergency services, hospital visits, physician’s prescriptions and medical certificates, physical therapists and chiropractors.
• Documentations of time missed at work and records showing typical income to support a lost wage claim
• Testimony from a doctor or medical expert regarding the cause of the injury incurred. The doctor or medical practitioner should be able to highlight that the damage was inflicted by an actual accident whether car, office or negligent caused incident and not due to health or age related cause.

How long can you wait to file a lawsuit?

If you have plans on filing a suit against an individual or another entity, that is not a government or an agency, there is actually no set time limit in which you’ll have to notify the person your intent to file a claim.

However, this doesn’t mean that you should take your time with the matter, acting efficiently and promptly in the case would increase your chances of resolving and getting your claim faster than if you are delay.

Settling and arranging for a personal injury claim can exhaust much of your time and effort and if you fail to file the claim in a timely manner, this may lead to failure to receive the appropriate compensation.

There are laws on the books called "statutes of limitations" that give the maximum time you have to bring certain types of lawsuits. If this time period passes you up, you may be barred from ever bringing suit to recover for your injuries.

Unlike filing a claim against an individual or a company, if you need to file a claim against the government or a government agency or employee, you have a limited amount of time in which you must file a claim.

Depending upon your type of case and the state you live in, this time period usually ranges between 30 days and one year.

See More Here: How to Sue for Personal Injury