When people are in a serious dispute with a company or individual, they often do not see another way to find a solution apart from filing a lawsuit. A big part of all the lawsuits is those that relate to personal injuries caused by motor vehicle collisions, medical malpractice, or defective products, as well as injuries that occurred at a workplace or premises belonging to other people or businesses.Filing a lawsuit, however, is far from being an easy step, of course, if you want to reach your goals and get the compensation you deserve.
By the way, despite what many people think, the great bulk of lawsuits never make it to the court because trails are too expensive, so quite naturally, parties try to avoid unnecessary costs and do their best to settle things out of court.
Anyway, if you are at a crossroads, weighing all the pros and cons of filing a lawsuit or simply trying to figure out the best way to do it, read on to take advantage of the tried and true tips for filing a personal injury lawsuit.
Make Sure You Have A Case
Even though this one may seem like a no-brainer, you’d be surprised to know how many people try to file a personal injury lawsuit without actually being injured. If as a result of a car accident you had a minor injury that didn’t affect your health and well-being, do not waste your time on a claim. However, sometimes people do not follow a required procedure and skip that mandatory visit to a doctor who can officially confirm their injuries that can make a solid ground for a claim.
Collecting high-quality evidence is an essential part of building a strong case. Remember that insurance companies often use tricky tactics to use information against you to avoid paying damages. To investigate the claim successfully, you need legal advice from a proficient personal injury lawyer who will help you collect the necessary evidence to prove your case and help you fill the documents correctly so you don’t get confused during the process.
Do Not Give Written Statements To The Insurance Company
It doesn’t matter whether a representative of the insurance company wants to speak to you immediately after the accident or at some point later, be incredibly careful about what you are going to tell. The rule of thumb is – never give a written or recorded statement, not without getting in touch with your lawyer first and discussing the whole situation. Tad Thomas, a prominent Chicago Personal Injury Lawyer explains that people often tend to believe that insurance companies are on their side but the reality is different. You and your insurance company do not have the same goals, while yours are to get fair compensation for your losses, theirs are to pay you as little as they can.
In line with said above, have no illusions about insurance company claim agents and do not share with them information and details that can be crucial to the success of your eventual lawsuit. Once and again, never give to them any recorded statements as it can turn to be a fatal mistake that will set you too far from the desired compensation. Consult your lawyer and have trust in his or her experience, goodwill, and commitment to justice.
Be Aware Of The Statute Of Limitations
If you are waiting too long, thinking of whether or not you should file a personal injury lawsuit, you can simply miss the opportunity to fight for your rights. Every state has its time limits for filing a claim that range from just 12 months in Tennessee, Kentucky, and Louisiana to 6 years in North Dakota and Maine. The majority of states, however, will allow two or three years for personal injury lawsuits. Needless to say, if you miss the deadline, you will lose the battle even before starting it, which is very far from being a great scenario.
Find A Lawyer That Works On A Contingency Fee Basis
Even though a serious attorney will never take a case unless he believes he can win it, look for the personal injury lawyer that works on a contingency fee basis, meaning he can get his reward only if money is recovered on your behalf. If due to some reason you won’t be able to reach a decent settlement that offers you fair compensation, or if you lose your case, you won’t owe the lawyer anything. Keep in mind that a contingency fee should be offered in writing and depending on the complexity of a particular case, it may vary between 25% and 40% of the recovery.
Just as we said at the beginning of this article, filing a personal injury lawsuit is a serious step, which should be well thought out. However, you have the right to fight for the compensation you deserve, so do not hesitate to take advantage of these tips to fulfill your right.
