If you were in an accident due to someone else’s negligence, then you may have a right to file a lawsuit against the other party. Here is what you need to know about filing a personal injury lawsuit.
Types of Personal Injury Claims
A personal injury lawsuit is a legal remedy for the harm that a person causes you due to negligence. You may settle the lawsuit in court or settle a claim with an insurance company. Both actions would result in the ability to recover compensation for damages. Different damages include your medical bills, your pain and suffering and lost income. There are a variety of personal injury claims. These claims include:
- Slip and fall
- Car accident
- Medical malpractice
- Dog bite
- Defective product
Any time you suffer property damage or injuries resulting from someone else’s careless or intentional action, you may be entitled to compensation.
Evidence for Personal Injury Claims
How can you make your case? If you need to establish that another person or entity was negligent and caused your injury, you need to have appropriate evidence. Here are some possibilities of the type of evidence you might need:
- Eyewitness statements
- Police reports
- Incident reports
- Photographs from the incident
- Lost work documentation
- Medical expert testimony
Any document that may show the extent of your injury is critical to your case, as a personal injury lawyer like one from Greenspan & Greenspan P.C. can tell you. Even if you do not go to trial, you can use the evidence to show insurance companies the seriousness of the damage. The more evidence that you have, the more likely you are to receive a reasonable settlement.
Negotiations for Personal Injury Claims
You negotiate your settlement with the other party’s insurance company. For example, if you trip over an obstacle at a business, you would deal with the company’s insurer. Whereas if you are in a car accident, your negotiations will happen with the auto insurer for the other party’s vehicle. During the initial discussion with the insurer, make sure that you do not admit to any fault. Be careful not to apologize or try to explain the accident. Often, insurers will try to get as much information from you as possible to offer less settlement.
If you want to file a personal injury lawsuit, your first move should be to consult with a personal injury attorney as soon as possible. He or she can guide you through the process and determine how much your case is worth.