The moment you get hurt in an accident, whether it’s at a store or because of a dangerous product, you have to start thinking about how to recover the damages that your injuries caused. Personal injury cases are a special category of legal cases because they can affect nearly everyone in some way. Whether it’s losing your wages because you couldn’t come into work for a few days or paying for expensive hospital bills, one thing is certain: personal injury lawsuits can be difficult and frustrating. In this article, we’ll go over 6 things you should know about personal injury cases before getting started with yours.
1. We File Personal Injury Cases Because They Are Mandated By Law
The federal government has enacted legislation such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). These laws allow us to file lawsuits when someone else’s negligence or carelessness causes an injury that results in a loss of work, medical bills, loss of income, etc. That brings us to personal injury cases.
If you are injured at work or by another person or entity due to their negligence, then you have the right to file a civil claim against them for your damages. This is also called “bringing suit” against them. You can consult this URL and other legal websites on what constitutes personal injury and the common types of personal injury cases. Personal injury lawsuits allege that the defendant’s conduct has caused the plaintiff to suffer a loss and that there is a legal basis for holding them responsible.
2. Conducting Pre-injury Lawsuit Investigations
If you plan on filing a lawsuit against the person who hit you with their car, then keep in mind that there are a few rules you have to follow before you can actually do so. First, you need to know the actual driver of the car and their insurance information. If they ran from the scene then make sure you get as much information about them as possible such as driver’s license number, vehicle description, and license plate number. Also depending on how severe your injuries are, it might be a good idea to take some time off work or hire an attorney.
3. Determining Who Is At Fault
After finding out who was at fault for your accident and obtaining their insurance information it’s time to start thinking about what your injuries were and how much they’re going to cost you medically and physically. It would also be advisable if during this period of time you start to write down every detail about the accident. From where it happened, what time it was, and exactly what events led up to you getting hit by a car.
4. Sending Incident Details To Insurance Agencies
Now that you’ve taken some time off work and written out all the details of your incident, take two copies of each one and send them in separately to both the insurance company of the person who hit you and their insurance agency. This will let them know that you’re planning on filing a personal injury case against them. Also, remember that when writing letters like this it’s important not to go into too much depth, or else they’ll think it’s just an excuse for why your car broke down instead of an attempt at filing a lawsuit.
5. Keeping Up With All The Paperwork
Personal injury cases can take a long time because of how complicated they are. It’s important to keep up with all the paperwork and file dates so that your case doesn’t get thrown out due to a small detail being missed. Depending on which state you live in, there should be an exact date by which you have to have all this information turned in.
6. Keeping Your Legal Options Open
In most personal injury cases it’s considered standard for the other person to cover all your medical bills while your lawsuit is pending, but not always. You can read more about how the car accident injury settlement process works here.
When dealing with car accident settlement offers make sure to read over everything before agreeing or refusing anything. Just because someone offers you less money than you want doesn’t automatically mean you should turn it down since if you refuse and lose in court then they won’t have to pay you anything.
Keep in mind that the person who hit you might not be the only one responsible for your accident and their insurance company. If, for example, it turns out that a faulty light pole caused the whole thing then the city or agency responsible needs to be included in your lawsuit too. Although these cases tend to take even longer than normal (3-5 years usually) since they cost a lot of time and money to do properly.
Personal injury lawsuits can be very complicated and when dealing with them it’s important not to jump to any conclusions before doing proper research and investigating every possible aspect of what happened. After all, if you plan on getting injured or sick because of someone else’s actions then you have to make sure that it doesn’t happen again.