When you suffer an injury of any sort, you always have the option to file a personal injury lawsuit. Irrespective of the source, be it an animal attack or an automobile accident that was not your fault, you are entitled to compensation for your medical bills and your other substantial losses. On the basis of the circumstances of your case, varied types of recovery options might be available to you. For instance, you may be eligible to even claim for the recovery of your current and future medical expenses. If you lose substantial working wages because of the accident, reimbursement for that is also available. However, before filing for a personal injury claim there are a bunch of basic things to consider. There might be a variety of issues you are not be accustomed to. Here is a list of things that you should educate yourself with before filing a personal injury claim:
- Be sure of your injuries
Before filing a claim, ensure that the injuries that have occurred are caused by the current mishap and not by some prior accident. Doctors shall assess your body once you file a personal injury claim. So, only those injuries shall be taken into account which are the direct outcomes of the current incident. However, in case your pre-existent injury got worsened due to the current incident, the claim is considered valid. In a nutshell, injuries that you are claiming the suit for, must be caused or affected by the current incident in any way.
- Statute of limitations
The statute of limitations can be defined as the time-limit within which you need to file a claim in civil court following an accident, for it to be taken into account. The statute of limitations restricts an individual from filing a claim for an event that occurred ages ago. In U.S., each state has different statute of limitations through state law. Based on the type of case, Florida’s statutes of limitations vary from two to four years. The date of the incident is the starting point of time. You have a short period of time to act after the accident to file your claim. Failure to file the claim within the time-frame leads to the dismissal of the case. It means you shall never be able to receive compensation for your injuries. So, make sure to visit a personal injury attorney for consultation just after the incident.
- Time-taking resolution
Personal injury cases typically takes at least two years to get resolved from the time of the incident. It is because it is critical to wait until the point of utmost medical improvement, so that you can demand the reimbursement for the cumulative medical bills at the time of trial or settlement. The nature of your injury determines the duration of your case. It might be grueling to continue with the legal process for such a long time period but it is worth if you desire to win the case.
- Opting for settlement
You should stay away from certain credit agencies that tend to lure you into sweet talk and end up paying only a small percentage of your claimed reimbursement as a settlement. No doubt it is hard to show patience even during being injured. But, you need to be objective and maintain a safe distance from such companies.
- Monetary settlement not enough
A monetary settlement can never compensate your emotional loss wholly. Grave injuries can be impactful. While you wish solely for a monetary settlement, you know deep down that it can never restore back your mental health. So, be prepared to be tough.
- Deposition Testimony
Deposition testimonies are generally performed in the law office of one of the lawyers entailed in the case. A videographer may be fixed to record them. You must be honest while giving answers. You might be interrogated regarding the nature of your accident, your medical history etc.
- Contingency Fee
The personal injury lawyers work on a contingency fee basis. They shall charge fees only if your case gets resolved. They shall be authorized to a certain portion of the settlement that is referred to as a contingency fee. Your attorney shall handle costs in for multiple things, such as court fees. Once you win the case, they can claim these costs along with their contingency fee. If your claim is denied, your attorney will not charge any fee for the time spent on your case. So, personal injury lawyers only take on cases when they believe they can attain a settlement.
- Point of utmost medical improvement
The medical costs form a vital part of the compensation you claim. It is required to wait for a long time to fairly determine the long-term effects and their respective costs. You might have to wait till the treatment for your injury is over. This long wait shall enable your attorney to fully determine the wholesome effect of the injury and to reach a fair settlement agreement.
- Critical Probing
In majority of such cases, the victim miss a substantial amount of time and wages in their work due to their injury. It is vital for the attorney to demonstrate the nature of the plaintiff’s employment before the occurrence of the incident and his inability after the injury. This draws a clear impactful picture as to how the injury affected the plaintiff’s life. Thus, a wage loss claim is also made.
When you claim an injury, it indicates that you are pointing a finger at another party for impacting the function of your body, usually in a grave way. So, you need to be able to prove that your body was relatively more fit previously. This will allow your lawyer to validate how the injury unfavorably altered your life. However, this shall yet again, give a chance to your defense party to look into and examine your entire medical history. So, in case you have a medical history as such, you should always inform your attorney.
