Not all personal injury claims are created equal. Each case is unique and must be handled as such. However, it is important to remember that the burden of proof is always on you, the plaintiff. This means that you must prove to the court that your injuries meet the legal qualifications of a personal injury claim. However, the time limit within which the claim must be filed can be challenging to understand and is different from state to state. While this doesn’t include every detail of filing a personal injury case, it will help you get started if you’re unsure where to begin.
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1. Hire an Experienced Attorney
When you’re injured in an accident, you’re already dealing with a lot of stress. The last thing you need is to worry about whether or not you have a strong case and whether or not you can win.
The best way to ease your mind and give yourself the best chance to win your personal injury case is to hire an experienced personal injury lawyer to battle the insurance companies. Your lawyer will know how to build a strong case and negotiate with the insurance companies to get you the best possible settlement. If the insurance companies refuse to settle, your lawyer will take your case to trial and fight for you with a judge and jury.
2. Know the Types of Personal Injury Cases
Personal injury is a broad term that includes any injury inflicted on another person. This can consist of accidental injuries, such as slips and falls, or intentional injuries like assault or battery. It also includes the medical expenses incurred in treating those injuries. When it comes to personal injury law, there are different types of cases you might be interested in pursuing:
● Medical malpractice: This is a case where the negligent act of a doctor or other healthcare provider has injured you for which your healthcare provider is liable. Medical malpractice cases should be filed under state statutes. For example, Texas’ medical malpractice statute lists actions that may be considered medical malpractice, such as failing to inform you about the risks of surgery, failing to diagnose and treat an illness, or failing to disclose information about a medication’s potential side effects and dangers.
● Negligence: Negligence refers to any carelessness on the part of a person or entity that damages someone else. It can take many forms, including failure to use due care when performing services, failing to warn you about an existing danger when undertaking a task, and lying about whether a warning label on an object contains essential information.
● Fidelity bond: When someone works for a company, they’re often required to have a fidelity bond. This type of bond protects the employer from any losses due to the employee’s dishonest or criminal acts. For example, if an employee steals from their employer, the company can file a claim on the bond to recover its losses.
3. Get the Statute of Limitations in Your State
In Orange County, California, victims have only two years from the date of their accident to file a personal injury lawsuit against the person they believe caused their injuries. This is known as a statute of limitations. While this may sound like plenty of time, it is often difficult to find an attorney who can take your case right away, especially if you were seriously injured and require medical care for several months or even years. It may take some time for investigators to determine who caused your injuries in some cases, too.
If you wait too long before contacting an attorney about your case, you may miss your chance to pursue compensation from those responsible for your injuries and losses. In most cases, filing a lawsuit against the responsible party is the only way to get them to pay for your medical bills, lost wages, and pain and suffering.
4. Understand Comparative Fault
In some cases, the person who caused your injuries may try to blame you for what happened. This is called comparative fault, and it can be used to reduce the amount of money they have to pay you in a personal injury settlement.
For example, if you were hit by a car while crossing the street outside of a crosswalk, the driver might try to say that you’re at fault because you weren’t using the crosswalk. If the jury agrees with the driver, they may decide that you’re 50% at fault for the accident. This would mean that any damages you’re awarded would be reduced by 50%.
It would help if you got all the reimbursement you deserve when you have a personal injury case. Unfortunately, insurance companies don’t make money by giving you what you deserve. This is why it is so vital to hire a personal injury attorney. Choose an attorney that has experience winning personal injury cases. The lawyer you choose can make all of the difference in your case. Make sure that your lawyer is aggressive, caring, and driven.