Accidents and injuries are common and can happen to anyone at any time. And as a result of these accidents, your life and those of the people you love and care about the most can significantly get ruined by someone else’s carelessness. Put this way, any harm or damage brought on by someone else’s negligence and carelessness is referred to as “personal injury” in legal terms.
Do you know approximately 39.5 million personal injury cases annually necessitate medical attention in the US? Moreover, according to Statista, roughly 2.82 million people got injured in the US in motor vehicle crashes in 2020. These are just a few stats on personal injury cases.
So, have you been a personal injury victim and want to file a lawsuit? But before that, read the article below that shares a few pointers you must consider when filing your claim:
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Hire a reliable lawyer for your case
The foremost thing you must consider is to consult and hire a legal expert when filing your claim for the personal injury case. Of course, you can take your case on your own. But it would only work best if you have sustained a minor injury and have good negotiation skills and legal knowledge. However, note that law cases are often overwhelming and difficult to win. On top of that, laws can vary from state to state; for instance, Colorado’s personal injury claims laws will differ from other states of which you might not have the proper knowledge. So, getting help from a knowledgeable and experienced lawyer in Colorado is better.
Do you reside in Denver, the capital of Colorado State? Then, you must have come across the news release by the Colorado Department of Transportation (CDOT) that claims that the state experienced the highest number of road fatalities since 1981, with 745 in 2022. In addition, Denver ranks third in the list of counties with the highest number of road fatalities, with 67 deaths. That’s alarming. Nonetheless, if you’re a victim, consider consulting with an attorney at your earliest. If you’re looking for a reliable Denver personal injury attorney, Scott O’Sullivan can prove to be the best option.
Discuss your lawyer’s fee and other charges
It would be best never to overlook this factor when hiring a lawyer for your claim.
Most people are reluctant to hire a lawyer because of money issues. But in personal injury cases, you have nothing to worry about since many lawyers work on a contingency fee basis. Now, you must be wondering what exactly the contingency fee arrangement is. To put it in simpler words, in this arrangement, you will not have to pay your lawyer any money upfront before your case reaches the settlement point or the judge’s decision. It means you will not lose anything even if your lawyer loses the case. However, they will take a portion of your compensation if you win.
However, it would be best to communicate clearly with your lawyer about other charges and stay prepared for them. These charges may include court filing fees, money paid to the testifier, travel costs, etc.
Gather the necessary evidence for your claim
How do you expect to fight a legal claim when you have nothing to prove about your innocence in front of the jury? Unfortunately, the injured party must bear the burden of proof in a personal injury claim. That is why you must start gathering the evidence right after your accident.
For this reason, the victim, after being involved in an incident, must seek medical help. Often, injuries are not evident or appear right after the accident. But seeking medical assistance can help healthcare professionals to treat you early and prevent your condition from worsening. That way, you can also have all the medical records.
Evidence not only involves having medical records and medical bills. Instead, it also involves having police reports, witness statements, etc. In a nutshell, it involves anything that proves the extent of damage you had to bear physically, mentally, and financially.
Be aware of the statute of limitations
You want to get the rightful compensation. But you can only receive it if you pay attention to the time limit when filing your lawsuit. Put this way; there is a specific and strict time limit set by each state’s law that everyone has to follow. It is called a Statute of Limitations. If you fail to file your legal claim within the allowed time, you might never file a lawsuit and seek legal compensation.
It is relevant to note that the statute of limitation varies from state to state. It can range from one year to sometimes even six years after the date of injury. Therefore, a better idea is to consult a reputable legal expert as soon as possible so they can bring in your claim within the defined timeframe and support you in your case.
Collect everything to prove your negligence
Another essential factor to consider when filing a personal injury case and increasing your chance of winning is proving that the other party is at fault or negligent. After all, how can you claim a lawsuit if you are not sure who was responsible for the injuries you sustained?
Sometimes determining the person responsible for your injury might be difficult, for instance, an incident at a worksite involving machinery or a multi-vehicle accident. However, in other cases, determining the other person’s negligence is easy, such as an employee neglecting to sweep the slippery floor, leading to your slip and fall, or the driver driving the vehicle under alcohol influence.
There are various ways to prove negligence, such as eyewitnesses, police testimonials, and CCTV cameras.
Be mindful of negotiations for a settlement
Most personal injury cases get settled out of court instead of going to trial. Usually, the best thing for both parties is the case doesn’t go to the courtroom. For this, the at-fault’s party offers a settlement.
There is nothing wrong with settling the matter out of court with mutual understanding. However, the negligent party’s insurance company often tries to reject your claim downright or undervalue it. Therefore, having a skilled lawyer with experience in trial cases is best to level the playing field and help you obtain the best result for your claim.
Key takeaways
You probably feel various emotions if you or your loved ones have been a personal injury victim. It is relevant to note that personal injury doesn’t just involve physical harm to your body. Instead, in many cases, it causes mental and emotional damage to the victim.
So don’t just sit back. Instead, fight for your right and file a lawsuit to get rightfully compensated for your loss. When filing a personal injury claim, educate yourself as much as possible about the process, keep crucial factors in your mind, and maintain your composure. Moreover, hiring a trustworthy and experienced attorney who will assess your claim, build a strong case, and help you receive just compensation would be best.
