How to begin a personal injury lawsuit

Personal injury lawsuits come in many forms–from mistakes in the operating room and faulty equipment to car accidents or a slip and fall.

If you think you may have experienced a personal injury due to the carelessness of another person or company, continue reading to discover how you can begin a personal injury lawsuit to recover some of the costs you have been burdened with.

Step 1: Know the insurance situation

Before you begin considering a personal injury lawsuit, it is important to determine that the defendant actually has insurance that will be capable of paying for your damages. If the defendant is a company or the government, there is a good possibility this is the case. However, if you are filing a personal injury lawsuit against a single individual, this is something to keep in mind.

For example, if you were involved in a car accident, sustained only minor injuries, and the person at fault has no insurance–you may have better use for your time than taking them to court. However, if you have sustained injuries that are beyond your own insurance coverage, don’t let a lack of insurance hold you back from pursuing a case.

Just be wary that even if you are awarded compensation by a jury, collecting that compensation can still sometimes be a difficult process that you may want to seek legal advice for.

Step 2: Have documentation ready

This may seem obvious, but in the moment and shortly after it can often be forgotten to gather your own evidence in support of your lawsuit.

If you were injured in a car accident, take pictures and make sure to obtain the police report. There should also be medical records available for you to provide that show the extent of your injuries. And don’t forget those expensive medical bills–or maybe they are bills from a counselor because you are suffering emotional damage.

Whatever it is, make sure you have a way to prove that you have been injured and costs were incurred as a result of that injury.

Step 3: Be mindful of time

There is no set time limit in which you are required to notify someone about your intention to file a personal injury lawsuit–whether it is against a private company or an individual.

However, you should still act quickly. As with many things in life, the longer you wait the harder it gets.

This will allow your recollection of the events to be fresh in your mind and help prevent the other side from arguing that something happened too long ago to be remembered correctly. It may also allow you to better demonstrate the hardship that unforeseen costs have bestowed upon you.

It also takes time to settle a personal injury lawsuit–so the sooner you start, the sooner it will finish.

If you are filing a personal injury lawsuit against the government, you generally have between 30 days to one year before statutes of limitations prevent you from bringing a case forward. So, if this is the type of personal injury lawsuit you intend to file then time is of the essence.

If you or someone you know is considering filing a personal injury lawsuit, contact us today to receive a free consultation regarding your situation. We have a nationwide team of experienced personal injury lawyers and medical providers that can make sure you get the help that you deserve.