This Is What You Need to Know Before Filing a Personal Injury Lawsuit
Have you been injured because of someone’s negligence or intentional act? You can sue them and get paid for your medical bills, lost wages, loss of earning capacity, pain and suffering, and more. However, it’s not that simple. Luckily, with the right strategy and a lawyer by your side, you can increase your chances of winning. In this post, you will get some practical tips on best practices when filing a lawsuit.
Do You Have Grounds for a Lawsuit?
“The best way to know for sure if you have grounds for a lawsuit is to talk to a lawyer and tell them what happened,” attorney Daniel Libbey of Libbey Law Offices, LLC. They will use their knowledge and judgment to advise you if you have a claim. There are several factors to consider
- Duty of care and breach of duty: There must be a relationship between you and the person who hurt you. That’s called the duty of care, meaning they had a responsibility to act reasonably. For example, all drivers are legally required to follow traffic rules and drive safely.
- You must be injured: Say you tripped at the grocery store but didn’t get injured. Then, you don’t have a case.
- You must suffer losses: Next, you must have suffered actual damages to file a claim. There are two types of losses in these claims:
- Economic, like medical bills and lost wages
- Non-economic, like pain and suffering and emotional distress
Also, take note of the statute of limitations, the legal timeframe within which you must file a lawsuit. In Alaska, it’s two years, but if the victim is a minor, that deadline may be extended until they turn 18. And if the injury was not immediately discovered, the statute of limitations may start when the injury is reasonably identified (the discovery rule).
You Need a Lawyer
You’ll need the help of a lawyer for the many legal processes and doctrines that may affect your case. You need someone who has handled cases like yours, i.e., a personal injury lawyer.
So, how do you find the right one? Start with your friends and family. Have any of them had their case represented by an attorney? If not, the internet has several ways to connect with potential lawyers. A simple Google search may give you several attorneys in your area, or you can use directories like Justia and Lawyers.com.
Most of the time, you’ll get a list of several attorneys to choose from, so how do you narrow it down to the right fit for your claim?
It all comes down to that initial consultation. Ask them the hard questions:
- How many cases like yours have they handled?
- Did they secure settlements for their clients?
- Have they taken cases to court?
- Do they have the resources to handle your claim?
- How do they intend to communicate with you?
- Will they handle your case, or will they pass it on to a colleague?
These are the important questions that you should not be afraid to ask.
Once you find the right lawyer for your case, they will get to work. The first step is often notifying the defendant of your intention to sue and the damages you are seeking.
Your lawyer will then collect evidence to be shared through the discovery process. They may even collaborate with other professionals like law enforcement and accident reconstruction experts when gathering proof. During negotiations, they will fight for your rights, ensuring you receive fair compensation. And if the other side refuses to play ball, they will take your case to court to be decided upon by a jury.
Conclusion
Up to this point, you should be confident in filing a claim. Remember, a good lawyer can be the difference between winning or losing. So take your time to find the right one, agree on the fee structure, which will likely be on a contingency basis, and let them get to work.
