If you are thinking about filing a personal injury lawsuit, there are several steps you must take. You may benefit from working with an attorney who can negotiate a fair settlement for you or represent you in court. Filing a personal injury lawsuit may seem complicated, but it involves some important steps. The steps involved in a personal injury lawsuit include the following:
Figuring Out a Case Value
Your injury attorney will collect data they can use to determine the value of your case. They will thoroughly review your medical records, so they can assign a value to your current medical bills and emergency bills. Also, they can take into account the possibility of you needing future medical care and examine your employment records to come up with an estimate of your lost wages. Other things your attorney will consider include your pain and suffering as well as your existing income level.
If you sustained a personal injury due to the negligent actions of another party, you should not deal with the resulting financial burden. Also, this financial burden can be created if you end up undervaluing your claim. This makes it essential to consult with a skilled attorney to make sure you get a settlement that reflects all of your losses.
Filing a Timely Claim
When it comes to filing personal injury lawsuits, there is a statute of limitations you need to abide by. This legal deadline determines the amount of time you are allowed to file a lawsuit. You have two years from the injury or accident date to file a personal injury lawsuit. By filing your case promptly, your attorney will have enough time to build your case and assess your expenses. The party responsible for your injuries or their insurance company may need to pay you compensation that covers your medical bills, pain and suffering, and lost income.
Moreover, you may also be able to collect punitive damages from the party who caused the accident or your injuries. However, not all of these cases involve punitive damages. These damages may be awarded to punish the defendant for their avoidable and intentional acts that led to your injuries.
Other important steps Filing a Personal Injury Lawsuit
- Seek Medical Care: First, get the necessary medical treatment for your injuries. Your health is most important.
- Hire an Attorney: Find a personal injury attorney to guide you through the process. They can help evaluate your case.
- Investigation: Your attorney will gather evidence and investigate the incident, including talking to witnesses and collecting medical records.
- Demand Letter: Your lawyer may send a demand letter to the responsible party, explaining your injuries and requesting compensation.
- Negotiation: Parties may negotiate a settlement. If an agreement is reached, the case ends here.
- Filing a Lawsuit: If negotiations fail, your attorney will file a formal lawsuit against the responsible party.
- Discovery: Both sides exchange information and evidence. This can involve depositions and document requests.
- Mediation or Trial: Most cases are settled in mediation, but if not, the case goes to trial, where a judge or jury decides the outcome.
- Resolution: If you win, you receive compensation. If not, you can appeal the decision.
An experienced personal injury attorney will help you recover the full compensation you are entitled to. They will help you figure out a figure you can demand from an insurance company and negotiate a fair settlement with it. A Sattiraju & Tharney, LLP in New Jersey attorney can also guide you at every step of the lawsuit and answer whatever questions you may have in mind about your case.