Read This Before Filing Your Personal Injury Lawsuit

You’ve decided to file a personal injury lawsuit. It’s a path that you hope will bring you some level of comfort after the ordeal you just went through, whether it was a slip-and-fall incident, a defective product, medical malpractice, or even a car accident. But before you set things in motion, take a step back and see the whole picture: Are you eligible to pursue a claim? If so, do you have a chance at winning? This blog will explain five key things to consider before you take legal steps for injury compensation. Keep reading below for more insights.

Validating Your Case

“To win your claim, you must prove that the other party was negligent, and it is their actions or lack thereof that led to your injury,” says personal injury attorney Kyle Valero of Valero Law Group Injury Lawyers. You must collect proof to prove liability, and this includes police reports, witness statements, surveillance footage, and more. A good personal injury attorney can help you discern between the different types of proof, helping you analyze and prepare them for submission.

Assessing Potential Compensation

How much money do you stand to be awarded should you win? Answering this question can be difficult, and that’s why you’re better off leaving it to your personal injury attorney. They will comb through the evidence and do the math, accurately determining the amount in compensation you are rightfully owed. Here are the damages you’re entitled to:

  • Economic damages: These are the tangible damages you incur as a result of the accident, including but not limited to medical expenses, lost income, loss of earning capacity, rehabilitation fees, and other out-of-pocket expenses.
  • Non-economic damages: These losses can’t easily be quantified in dollar terms. Examples are loss of consortium and emotional turmoil. 
  • Punitive damages: These are awarded to punish the defendant for grossly negligent behavior. Though rare in personal injury cases, punitive damages are awarded in extreme situations.

Preparing for the Process

Before initiating the legal process, talk to a lawyer and assess the entire situation. Personal injury cases take time, sometimes stretching into years. It’s the reason why most attorneys advise victims to wait until they have recovered before taking any legal steps. But then again, you must consider the statute of limitations, which is the legal time frame within which victims are allowed to pursue a claim.

In addition to that, you must be ready to bear the emotional brunt of filing a suit. You may have no other choice but to relive memories you’d rather bury. It’s better to have emotional support as you go through this process.

Filing a personal injury claim is not free. It’s actually a somewhat expensive process, but you’ll likely not pay anything upfront because most personal injury lawyers dispense their services under a contingency-based structure. Under this payment plan, your lawyer’s firm takes care of all the fees associated with your claim. The firm then recoups these funds along with attorney fees from your compensation should the case prove successful. Talk to an attorney and make sure you understand how they’ll charge you for the service before signing anything.

Selecting the Right Attorney

If you were injured in a car accident, you want a car accident personal injury attorney. If you suffered harm at the hands of a negligent doctor, you want to work with an attorney with experience in medical malpractice cases. Other than experience, it’s also important to hire an attorney who has a good reputation and track record, and last but not least, you should both get along with clear communication.

Conclusion

So you see, before filing your personal injury lawsuit, consider whether you can prove liability and show the other party’s negligence. You should also understand the damages you’re entitled to with the help of a personal injury attorney. Ensure you’re physically and emotionally ready for the toll the process will likely take. And while you’re allowed to file the claim independently, it’s better to hire an attorney with experience, a reputation, and a positive track record. But before signing anything, make sure to understand all the costs involved.

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