If you or someone you know has been the unfortunate victim of a personal injury caused by someone due to negligence or otherwise, there is a way that you can receive compensation for damages and loss of income. You can file a personal injury lawsuit in order to petition for damages due to injuries suffered, lost income and mental trauma experienced by you and your family.
However, there are a number of factors involved in such a process, factors that way heavily on whether or not your case will come out successful. When such an accident occurs, most people have no idea that if they could act quickly and contacted the necessary parties afterwards, they would have a better chance of winning compensation. Thus they end up with nothing except injuries for the rest of their lives because they failed to act promptly.
The first rule is to act with alacrity and call the defendant’s insurance firm, defendant himself and visit a doctor to assess your injuries among other things. This will definitely make a better chance of filing a successful personal injury lawsuit.
There are 6 crucial steps you should endeavor to take when proceeding to file a personal injury lawsuit. These are:
From day one, begin assessing your case and whether or not you are completely blameless regarding the injury. If there is even a shred of evidence to show you played a part in the cause of the accident, the defendant’s attorney will find it and use against you.
Negligence is the keyword here, ask yourself – “Where they negligent and how can I prove that?” Gather the facts and information as quickly as possible. Personal injury lawsuits are generally filed for:
• Motor vehicle accidents
• Injuries sustained in an unsafe work environment
• House owners, renters or dwellers negligence regarding the safety of their property, and aggressive pets
• Medical negligence
This step is paramount to the chances of your personal injury lawsuit success. Firstly, your doctor will be able to confirm the severity of your injuries and inform you of the possible long term ramifications of such wounds. Secondly, gathering as much information to use as evidence will greatly increase your chances of getting the right settlement. Gather evidence such as:
• The police report
• Photographs of injuries and the scene of the accident
• Documents that prove a loss of income
• Medical documents
Bear in mind at all times, speed is of the utmost importance to your case.
This is perhaps the most important step of all, especially for plaintiffs who have little knowledge of what is required during a personal injury case. A personal injury attorney can go over all the evidence with you and contact the necessary parties for negotiation with insurance company and the defendant’s lawyer. This will save you unnecessary stress during the case preparation times. In the majority of States you must file your lawsuit within a year. However, in some cases such as when you press charges against a government employee, you have 60 days. A personal injury attorney can ensure everything is ready on time.
Ensure that you locate a respected and reputable personal injury attorney such as an attorney Jorge L. Gomez from the Gomez Law Firm, who has over 15 years experience and has litigated thousands of cases already.
Disclose as much information regarding the injury as possible. Always maintain honesty because if later found that you bent the truth or fabricated information, you may fail in your attempts to get compensated for damages.
In many cases when the evidence against the defendant is clear and concrete, their insurance company will usually offer a settlement. Aim for this outcome, as you can save yourself considerable time and cost in regards to fees accrued during the process. However, insurance companies will test the water with their initial settlement offer, by offering lower than a fair amount. Having a personal injury lawyer at your side to help you in this case can make a huge difference.
This step depends on the result of step five. If the defendant’s insurance company refuses to offer a settlement because they believe their client is blame-free, they won’t offer a settlement. Press charges and take the insurance company to court. At this point two things may happen. Either your personal injury attorney will negotiate with the insurance company for a fairer settlement or he will file a lawsuit against them.
Having a personal injury attorney on your side during this process ensures that you are aware of all the legal subtleties. Your personal injury attorney will guide you through the whole process and do all the necessary paperwork to negotiation, so you can get back on track with your life. Jorge L. Gomez is one of the nest personal injury attorneys. Get in touch with us and the Gomez Law Firm will help you get the result you deserve.