If you’ve been injured in an accident, you may be wondering if you have a personal injury claim. The answer to that question is: it depends. Every case is unique, and there are many factors that go into deciding whether or not you have a valid claim.
Here are some of the most important things to know about filing a personal injury claim:
1. Know the Statute of Limitations
One of the first and most important things you need to know about filing a personal injury claim is how the statute of limitations works. In most states, you will find that you must file your claim within a certain amount of time after the incident that resulted in your injury.
You will find that it will vary from state to state. For example, North Carolina’s statute of limitations for personal injury claims will be different to the statute of limitations in California. If you do not file your claim within the allotted time frame, then you will miss being able to get any compensation for your injuries.
As a result, it’s important to know the applicable limitation period because if you don’t file within that deadline, your case could potentially be thrown out.
2. Gather Evidence
In order to build a strong case and ensure you get the compensation you deserve for your injuries; it is essential to gather evidence. This includes any medical records, photographs of the scene or your injuries, witness testimonies and any police reports related to the incident.
Make sure to keep all the evidence and documentation organized so that you can easily access it during the course of your claim.
3. Understand Your Rights
If you’ve never had to process a personal injury claim before, it is very unlikely that you will know what your rights are. So, before you do, you must understand your legal rights relating to the damages or injuries sustained.
Understand the differences between economic losses and non-economic losses. Economic losses are more tangible, such as medical bills and lost wages due to inability to work because of your injury. Non-economic damages can refer to pain and suffering, emotional distress, or loss of quality in life following an injury.
4. Contact a Personal Injury Lawyer
It goes without saying that hiring a personal injury lawyer will be very beneficial to your case. They will be able to advise you on the best steps to take and provide you with invaluable experience as well as legal advice.
When selecting a lawyer, make sure they specialize in personal injury cases, and also that they are experienced in your local jurisdiction. Don’t be afraid to ask for references or credentials if needed! This way you will know for sure if they will be able to help you or not.
5. Go to Court
Going to court is a scary proposition for many people. However, it may be necessary if the defendant refuses to settle or is not offering an acceptable amount. When this happens, the plaintiff must take the case to court and be willing to present evidence and testimony in order to win a favorable judgement.
It’s possible that even with going through the legal process, the plaintiff may not receive what they are looking for, which can make it a difficult decision to make. It is important to remember, though, that the justice system exists for a reason and pursuing a case through the court is sometimes an essential step in getting what you deserve.
6. Win Your Case!
Finally, by following the above tips, you should then be able to go on and win your case. It won’t be easy, but it will be worth the effort. Make sure you have all the documents and evidence necessary to prove your case, consult with an experienced injury attorney, manage your expectations for a settlement, and prepare for court if negotiations don’t succeed.
With the right preparation and legal representation, you can get the compensation you deserve from your personal injury claim.
Have you ever been required to process a personal injury claim? If you have, what tips would you give to those who are experiencing it for the first time? Let us know in the comments below. It will be worth it when others in the same situation as you have won their case.