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Personal Injury Blog

Understanding Lawsuits After an Accident Injury

Posted July 21, 2020 in Personal Injury Blog

Personal Injury Lawyer

If you’re injured on the job, in a car accident or some other way and another person is at fault, you may be looking at going to court. Many personal injury claims can be settled independently, but sometimes a lawsuit is necessary to getting the compensation you’re entitled to. Complications like difficulties proving fault or an insurance company refusing to pay you can negatively impact your situation. You may be financially dependent on receiving the payout from your claim, especially if you have looming medical bills or can no longer work. When this happens, a lawsuit may be the next necessary step. Here are the underlying basics to understanding your personal injury lawsuit.

When to File for a Lawsuit

First and foremost, you need to know how much time you have to file a lawsuit. This depends on the nature of your situation and the state you live in. Some states have different statute of limitations than others. It can be easy to put off filing when you are preoccupied with more present problems, like doctor appointments and property damage on top of your injury. However, if you wait too long, you may lose your opportunity to file a lawsuit. The average time for filing is two years, but you should check your state’s laws to make sure you don’t miss this essential window.

Details of a Lawsuit

Once you file a lawsuit, you can expect some common general procedures to play out. Time is given for both sides to gather evidence essential to their case, and then it is presented during a preliminary ruling. Afterward, the case may be settled out of court if both sides can come to an official agreement. If they don’t, the case will go to an actual trial.

Important Evidence to Obtain

After your accident, there are some key things you can do that will act in your favor later. Call the police, even if the other person involved tries to talk you out of it; many states require a police report to make a claim at all. Take pictures of the scene and write down notes on what you remember happening. Get statements from those who witnessed the accident happen. See a doctor as soon as possible to obtain a medical report that links your injury to the accident. All of this can help make your case much easier down the road.

If you run into complications with any of the legal processes, contact a lawyer, like a personal injury attorney from Rispoli & Borneo, P.C. Together, you can determine how to get the most out of your terrible situation.

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