How To Get A Legal Settlement
Time and Dedication Are Required
Filing a Personal Injury claim in any state takes a lot of time and dedication. An individual who is injured may need to pay medical bills and be unable to work. Several damages you may request to be compensated for are reasonable medical expenses, loss of wages, property damage, pain and suffering, emotional distress, legal costs and attorney fees.
Hiring an attorney is an option to ensure your rights are protected by all involved parties, but you may also file pro se. This is simply a legal term used for individuals who wish to represent themselves and not hire an Attorney.
However, representing yourself can be tricky and there are several steps to take prior to filing your Personal Injury claim.
- Define the Personal Injury that occurred such as: slip and fall, head injury, car accident, spinal injury, etc… Collect all the evidence and make a timeline of events that led you to want to file a Personal Injury claim. It’s especially important to keep records of all medical appointments, doctors’ notes, test results, phone calls made with names of contacts, and any other information that will help in writing your petition.
- Each state has a set amount of time called a Statute of Limitations, and after it expires, usually one to two years, an individual can no longer file suit for that injury. The Statute of Limitations will need to be researched to ensure they didn’t expire.
- Jurisdiction will need to be decided and a state court will need to be selected. Normally state court has authority to hear and rule on a lawsuit when it’s located in the county where the injury occurred or the parties are located. However, if the parties live in two different states and the suit is for an amount over $75,000, the case may be filed in Federal court.
- Each state is set up differently, making researching state laws and court rules is very important. If not followed correctly, you may have your lawsuit thrown out of court. If Jurisdiction allows you to file in Federal court then you need follow Federal laws and rules of procedure.
- Sending a demand letter to the alleged defendant in the case prior to filing in court may prevent a court action. The demand letter should include a summary of the incident and the amount of damages you believe will cover your loses. Giving the alleged defendant 30 days to respond to the letter before filing the case in court is reasonable.
Once all the necessary documentation and evidence is together, the Statute of Limitations haven’t passed and you know what court falls under your jurisdiction, you can file a personal injury claim in court. Once you file the complaint in court a copy must be served on the alleged defendant and a copy of proper service must be sent to the court. The discovery process will follow and all parties have an opportunity to view evidence involving the case. At any time after the filing, the parties can reach what is called an informal settlement agreement and withdraw the civil case from court. This will speed up the process and keep cost down instead of bringing the case all the way to trial.