If you have been injured due to someone’s negligence or malice, you may be thinking about filing a lawsuit. Although the circumstances may seem clear-cut to you, there are four important things to keep in mind before filing a claim.
Evidence
A legal proceeding requires documented evidence that will support your personal injury claim. This involves not only reporting an injury or relevant loss of income or other resources, but also records and facts that show a connection between certain events and their negative impact on your health or well-being. You must also be able to prove that you experienced medical or financial losses or hardships. Doctor bills, accident reports, medical services, and other types of receipts and documents can help to support your case.
Witnesses
In addition to providing documents that support your claim of injuries or loss, witnesses will be needed to interpret the documentation that can be provided. This may involve finding reputable doctors, nurses, or other medical personnel who share your interpretation of events and are willing to testify on your behalf by writing reports or submitting a video recording of a deposition as well as being able to testify in court if needed.
Time
A lawsuit takes time to file and process. You should be prepared to wait many months or even a year, or longer, for your case to end up in court. However, many personal injury claims are settled out of court before a trial date arrives, and you should be prepared to consider whether you are willing to settle instead of going to trial, and if so, on what terms. A settlement can finalize your claim with a payout in a shorter amount of time than going to trial. If you decide to go to trial, there is no guarantee that you will win. Think about whether you are eager to settle the case and move forward in your life or if you prefer going through a full-blown trial proceeding that will take longer and may cost more due to recruiting witnesses, preparing pleadings, and related matters.
Legal Counsel
Contact a personal injury law firm, such as Oaks Law Firm, for information about the litigation process as well as statutes of limitation to ensure you are able to file a claim within the legally-designated timeframe. You should also discuss financing the lawsuit, although many or most attorneys will work with clients to accept payment from a settlement award when it comes. An attorney can answer questions and help to prepare you to file a personal injury lawsuit if you decide to do so.
Court proceedings require a thoughtful, well-planned approach. Think about the evidence that is available and consider consulting an attorney for details.
Author information: Lizzie Weakley is a freelance writer from Columbus, Ohio. In her free time, she enjoys the outdoors and walks in the park with her three-year-old husky, Snowball.
