How to File a Personal Injury Lawsuit

In case you get injured in an accident caused through use of a product or out of negligence, it is advisable to file a suit, so that you can get a settlement that covers the total cost of the injury or any other additional harm that might arise because of the injury. Despite that most of the insurance companies are ready to provide such settlements, filing a personal injury lawsuit ensures that you are compensated the money that matches the extent of your injuries. Below are some of the steps to follow when you file a personal injury lawsuit.

How to File a Personal Injury Lawsuit

Determine whether you have a strong case to file the lawsuit-
It is good to first look whether you have a strong case to file a personal injury lawsuit. Injuries resulting from another individual’s action or negligence form a strong ground for a lawsuit. This is regardless as to whether the insurance company offers to pay for the bills incurred and other additional cash settlement. However, it is worth noting that if you accept this settlement, you deny yourself the right to pursue charges unless there are some justifiable circumstances.

Gather all evidence-
It is the evidence that you present that determines as to whether you get compensated. Some of the evidence that you must present include, report from the police, photos of your injury and the accident scene if they were taken, crucial medical documents and any evidence or document that demonstrates that the injury caused loss of income.

Get into contact with a personal injury lawyer within the stipulated time-
You need to contact a personal injury lawyer immediately after incurring the injuries. This is important because there is a law of limitation that governs personal injury lawsuits. Depending on the type of injury, involved persons and the place whether the injury happens, you might be required to press charges in a time of less than a year. However, this is relative because there are some cases that require shorter timeline to press the charges. For instance, to press charges against a government entity or employee you are required to do so within two months. It is also good to note that the time in which you have to press charges starts when you get injured, but if the injury or the cause of the injury is not recognized immediately, the time begins when the discovery is made.

Discuss and evaluate the case with your lawyer- 
You need to share all information and all other injury related documents with your lawyer. Be open and give all what you know about the injury and never provide misleading information. High level honesty with your attorney is vital as it helps make your lawsuit stronger.

Look as to whether you can get settlement without going to court-
It would be much easier if you can agree with the other party to have the settlement done without filing a lawsuit in court. However, even in case of a settlement you still need the guidance of your attorney to examine the case. An attorney has the ability and the skills needed to negotiate for the best monetary settlement and even negotiate for other terms for you.

Press charges if your case is strong or if the negotiations fail to bear sufficient results-
If all the negotiations fail to provide compensation that is sufficient for you, then your lawyer should file a lawsuit on your behalf. It is also good to note that filing a lawsuit does not necessarily mean that your case will have to go to court. If your lawyer can negotiate with the insurance company and come up with a positive agreement the suit does not have to go to court for trials.

Author bio- This post has been written by Tressy Jones. She loves to write about various aspects of Legal Issues. For getting more information regarding legal issues Click Here.

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How to File a Personal Injury Lawsuit