How to File a Personal Injury Lawsuit: Steps to Follow

Serious injuries often change your life in ways that require compensation. However, the path to receiving that compensation can seem complicated and raise more questions than answers. First, your attorney files a civil court complaint detailing your case’s facts and how you were injured. It is then personally served on the defendant within a certain time frame, usually 30 days.

Contact an Attorney

A personal injury lawsuit is a crucial tool for reimbursing for the costs and damages brought on by an accident. The most important step is contacting an experienced attorney. A lawyer can help you decide on the best legal course of action for personal injury Tampa FL, such as a lawsuit for negligence or product liability. The attorney can also review the statute of limitations for your case. You normally have three years from the occurrence or when your injuries were found to bring a claim. There are a few exceptions to this rule, though. Your lawyer can issue a demand letter to the at-fault party or their insurance provider after they know your case’s facts. The letter explains how the accident caused your injuries and the extent of your damages and costs. It also includes a request for compensation for non-economic damages, such as pain and suffering.

Gather Evidence

Evidence is the most important component of personal injury cases. It can be physical and includes anything presented in court, from a torn piece of clothing to security footage. It can also be a witness’s testimony. The team will gather all relevant documents and information to support your case. These may include medical records, invoices for damaged property, pay stubs that indicate how much you have lost in wages while being injured, and documentation of your pain and suffering. If the accident occurred in a public place, it is also important to obtain a copy of the police report. It can serve as valuable evidence for your case, particularly when the defendant attempts to deny their involvement in the accident or blames you for what happened.

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File a Complaint

You must first seek emergency medical attention if you are harmed in a car accident, medical malpractice incident, or slip and fall accident. Then you will need to get detailed medical records as this is a critical step in your personal injury claim. Next, your attorney will file a complaint in court, which outlines legal allegations such as fault and liability. The defendant will then have a deadline to file a response that will deny the claims or include defenses to the case. Both parties will then begin a discovery process where they will exchange information such as witness statements, medical records and financial documents. You will also need to calculate damages for your losses, including both economic and non-economic damages. Non-economic injuries or pain and suffering are more difficult to calculate, including loss of enjoyment of life, physical pain and mental distress. Your attorney will help you determine your failures and what a fair settlement would be.

Schedule a Consultation

Schedule a consultation with a reputable personal injury attorney as soon as possible after an accident. It will help ensure that your case does not get stalled out by time or other issues, such as missing a statute of limitations. During this meeting, the lawyer will want to hear about what happened and how your injuries have affected you. They will also want to know about any evidence you have, including pictures and videos. Your attorney will then discuss whether or not your case has a viable chance of success and may be worth filing. They will also explain their fees and how they charge. Most personal injury attorneys receive their compensation on a contingency basis, which means they are only reimbursed if their clients are successfully awarded damages. It gives them more incentive to work harder and get the best results.

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