Knowing When to File a Personal Injury Claim
If you’ve been injured in an incident that was outside of your control and likely caused by someone else, you may have a personal injury claim. The question is, should you file a claim?
Unfortunately, there’s no cut-and-dry answer to whether or not you should file a claim. After all, every situation has dozens of unique variables and circumstances. Having said that, here are a few important factors to work through as you consider your next moves.
- Immediately After the Incident
The first step after any injury is to seek medical attention. Not only is this critical for your health, but medical records will serve as important evidence if you decide to pursue a personal injury claim. These records link your injuries directly to the incident, which is basically the linchpin in proving your case.
- Assess the Situation
While you’re dealing with medical appointments and recovery, start gathering as much information as you can about the incident.
As soon as you are able, document every detail about the incident that led to your injury. This includes the time and location of the accident, what you were doing at the moment it happened, and any factors that may have contributed to the incident. If possible, take photographs of the area where the accident occurred, especially if there are specific conditions (like a wet floor, uneven pavement, etc.) that played a role in the accident.
If there were any witnesses to the incident, make sure to get their names, addresses, and phone numbers. They can provide crucial details that you might have missed and can support your version of events if there are any discrepancies in reports.
If your clothes or personal belongings were damaged as a result of the accident, preserve them in their post-accident condition.
- Understanding Statutes of Limitations
Every state has specific deadlines for filing a personal injury claim, known as statutes of limitations. These typically range from one to four years from the date of the incident, depending on the state. Missing this deadline can prevent you from filing a claim altogether, so it’s important to be aware of these timelines as soon as possible after your injury.
The goal with any personal injury claim is to recover full compensation for the losses you’ve endured – holding the correct individuals liable for your damages.
“These damages are often classified as being either economic or non-economic,” Raybin & Weissman, P.C. mentions, “and there is a possibility that you’ll also be entitled to punitive damages.”
If you fail to file your claim within the statutes of limitations allowed in your state, you won’t be able to claim any of these damages. You’re basically out of luck at that point. That’s why it’s important to move swiftly.
- Consult With a Personal Injury Lawyer
Before making any decisions, consult with a personal injury lawyer. Most attorneys offer a free initial consultation, which can – at the very least – give you some fresh perspective on how to approach your situation.
During your initial consultation, a lawyer can explain your legal rights and the different options available to you. This information is vital in helping you make informed decisions about how to proceed with your case.
If you choose to hire a lawyer – which you almost certainly should – they can help you navigate the claims process. Your attorney will guide you through each step, from filing claims with insurance companies to negotiating settlements. They handle the paperwork, communication with the other parties, and any necessary court appearances, which can relieve a significant burden from your shoulders.
Finding the right attorney can be challenging, but it’s a process that you need to invest some time and energy into. Look for lawyers who specialize in personal injury law. Check their websites, read client reviews, and look at their track record for similar cases.
During your consultation, ask about their experience with cases like yours, their approach to handling cases, and the details of their fee structure. This meeting can help you gauge if you feel comfortable with the lawyer and if they seem like the right fit for your case.
- Consider Your Financial Needs
If your injuries have caused significant financial strain or will have a long-term impact on your quality of life, a personal injury claim might be necessary to cover your losses and future expenses. This can include ongoing medical care, loss of earnings if you’re unable to work, and compensation for any permanent disability or disfigurement.
Discuss the financials of the case with your attorney and determine if a personal injury claim is the right choice. If it is, they can help you build your case and accurately value your case. Most of the time, it makes more sense to reach a settlement with the insurance companies involved. However, your attorney should be prepared to take the case to court if the insurance companies don’t play nicely.
Adding it All Up
Nobody ever wants to find themselves in a situation where they’re hurt and suffering. However, if this is your reality, it’s important to know that there are legal avenues you can pursue to get the financial support and relief you need to recover.
Hopefully, this article has given you some helpful pointers to get started!
