Things To Keep In Mind Prior To Filing A Personal Injury Lawsuit
In the event you have suffered injury and believe that another is a fault for your injuries
, you should consider a few vital questions prior to deciding whether or not to file a claim. The first thing to consider is if negligence played some role in your accident, or if there was a failure to exercise ordinary care and who was responsible' Next, think about what the long term effects of the injury are. How much time were you away from work and what was the final cost of your medical expenses' Where did the injury in question take place' Knowing exactly where the problem occurred will help show the liable party.Worker's compensation will most likely cover injuries sustained while at work. If your injury occurred in a store or on a public street, one of the defendants in the lawsuit could be the local government.
The fourth inquiry relates to the timing of the injury. If it happened a while ago, you might not be able to file a claim due to the statues of limitations having run out, so you need to research this.
Must you get a lawyer to file a personal injury case' It is strongly recommended, but not required. If your injuries are not terribly serious, it is possible to do some early legwork yourself. A lot of companies hold liability insurance policies, so you might want to write a letter to the person you feel should be held accountable for your injury.
Send it by certified mail. You want to let them know that you have been injured, tell them what you injured, and request that their insurance company call you.
An employee of the insurance company, called an adjuster, will probably be assigned to your case. They will try to settle the case without getting lawyers involved.
If you are concerned that the insurance company is not providing you what you believe is fair, you might want to talk to an attorney prior to agreeing to a settlement. When someone else has caused serious bodily injury, you need to see a lawyer as quickly as you can.
Usually the other party's insurance company will immediate launch an investigation. Your lawyer can protect your interests and any important evidence that surfaces.
What is a customary fee structure in personal injury litigation' In most cases, you will not be required to pay anything upfront because of a contractual agreement known as a contingency fee.
A contingency fee agreement means that the attorney will take his fee out of any money you are awarded. The amount will differ between states and firms, but the average amount is about one-third of the settlement. If you don't win, the lawyer doesn't get paid.
When you meet your lawyer for the first time, your first meeting will not cost you a dime. He or she will talk with you about your case and whether or not they think it's a winner.
Then more than likely, you will be asked to sign a contract. While it is true that the attorney is paid a fee only if the suit is successful, it is possible that you will still be required to pay the costs of litigation which could include filing fees, transcripts and witness fees.
your case and your lawyer will determine what you'll end up paying. There are attorneys who request a minimal retainer amount in advance to cover the initial costs of the case.
Should you become dissatisfied with the attorney, you have the right to cease the relationship whenever you like. Remember, though, that the attorney you fire is then allowed to charge you for any work already done on your lawsuit.
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