Delaying your personal injury claim won’t bring you any good. The more times passes, the more evidence risks to deteriorate, and witness memories may fade. Every day you choose to delay filing a personal injury claim you hinder your chances of success and may lead to an “unsatisfactory” victory where you accumulate way less compensation than you are entitled to.
Otherwise stated, the most proper time to file your claim is the day you have thoroughly built up a steady case, with all necessary evidence and a well-drafted complaint. Moreover, it would help if you did not overlook the statute of the limitation deadline when filing your personal injury claim.
Establish the statute of limitations deadline
The statute of limitations strictly refers to the period after an injury has occurred, during which you are allowed to file your injury claim. Why is the statute of the limitation vital for your case? Well, when you miss your deadline but you choose to file a claim anyway, the defendant can file a motion to dismiss your case based on this statute which will convince the court to dismiss your case.
Sort out your case
If your statute of limitations deadline has not expired on your claim, you are good to go and build up your case. However, we advise you to resist the urge to rush into the Court Clerk’s office with a hastily prepared complaint. This requires time, endurance, and most importantly, great attention, so there is absolutely no need to hurry when you complain, especially when you don’t have an experienced lawyer by your side. This leads us to another vital aspect when filing a personal injury lawsuit, namely to an experienced personal injury attorney.
Keep in mind that federal rules of civil procedure in some states do not allow a trial by ambush. The process has to ensure that each party knows exactly what sort of evidence the other side will come up with before the trial begins. So, since the preparation is the key, make sure you will not stumble into a lawsuit totally ill-equipped.
Choose a reliable attorney
Typically, your choice of an attorney is likely an essential decision you make throughout your personal injury case. For instance, you could be a complex one if the defendant is an individual who lacks sufficient financial income to pay your claim. A skilled personal injury attorney will help you find an insurance company that might be responsible or a “financially reliable enough” business that might be mutually accountable for the accident. You can visit them at Baumgartner Law Firm and know more.
Make sure you choose an appropriate defendant
It goes without saying that your case is more likely to be complicated if your defendant lacks the necessary financial resources to pay your claim. For this reason, you should choose a reliable and skilled lawyer that will effortlessly find a “deep pockets” company responsible for the accidents. Some wise choices of a defendant may include:
- The seller or the manufacturer of a malfunctioning service or products that injured you
- The employer of a delivery service if the injury occurred in an on-duty car accident
- The city administration if the accident happened due to a malfunctioning traffic light
- Since you obviously you cannot sue the dog that attacked, you can sue its owner
Maintain a precise record of events
The way you keep a record of the events are vital for your case. If possible, we advise you to write down, in detail, everything you remember, starting from the conditions that led up to the accident. Moreover, you also have to mention any missed opportunities, such as the lost work time, or the degree of pain you experience every day since the accident.
Additionally, to the way events occurred, try not to share anything on your social media accounts as this can be used against you. Today, for example, an uploaded photo of you going out and feeling good with your friends could be an opportunity for your defendant to diminish the gravity of your injuries.
One vital aspect in your case, without which you can’t build up your claim is the evidence. By working closely with your lawyer, you can gather all the necessary evidence. However, bear in mind that unless your evidence isn’t admissible to the court, it can be useless. For instance, you might not realize it, but you usually can’t use a subsequent defendant’s repair of a dangerous condition that causes you injuries as proof that the condition was dangerous in the first place. Furthermore, together with your attorney, you will have to contact and prepare witnesses for the trial and even obtain an expert witness testimony in case you need it.
Notify you defends and attempt to resolve the case outside of the court
Even though you defendant is unlikely to want to settle with on more reasonable terms, at this early stage it might still be worth a shot.
Draft your file complaint and careful file it with the Court Clerk
Since your complaint is an essential legal document with various formal requirements, every word matters, so make sure you come up with steady, logical reasoning, and with assertions based on relevant evidence to the extent possible. Also, make sure you have your lawyer around all this time.
After you filled your Complaint
Many personal injury cases are resolved out of the court – but not actually before the initial complaint has been filed. Usually filing up a Complaint says you mean serious business. Thus, a well-pleaded personal injury complaint with steady evidence to back it up can easily convince your defendant to issue a first serious settlement offer. Also, it might be worth knowing that the name of a skilled injury lawyer on your Complaint may also increase your chances in a bargain position.
As previously mentioned, a well-pleaded complaint of steady evidence to back it up can very quickly motivate your defendant to issue his first serious settlement offer, so make sure you respect all the steps above if you want to win.