If you’re considering filing a personal injury claim against an offending party, then it is crucial to understand the ins and outs of this lawsuit before taking legal action. Familiarity with different aspects of personal injury will prevent you from making some major mistakes when seeking justice for your injuries.
Whether your injuries were caused by a motorcycle crash, workplace negligence, medical malpractice, dog bite, or asbestos exposure, know a few things about personal injury lawsuits before filing one. Go through this blog carefully for some important points regarding personal injury claims. Here’s what you need to know when claiming compensation in 2023:
Statute of limitations
Most states require personal injury victims to file a claim within two years of discovering that injury. Once this timeframe (or statute of limitations) expires, you cannot claim compensation for your losses. That’s why you have to file a claim immediately after learning about your injury.
Delaying legal action before the two-year deadline undermines your eligibility to get properly compensated. Talk to your lawyer for more information on these statutes of limitations.
Your compensation
You may claim compensation for lost wages, medical expenses, and emotional stress faced because of the injuries inflicted upon you by companies manufacturing harmful products. Consider the case of lung cancer, the third-most common cancer in America. Data shows that 1 in 16 U.S. citizens will develop this disease, and 4% of all lung cancer cases originate from asbestos exposure.
An asbestos-related lung cancer lawsuit pays hundreds of thousands of dollars or even more in some cases. But don’t forget that your lung cancer compensation will depend on different factors, such as:
- How many products were you exposed to?
- Do you qualify for any asbestos trust funds?
- Do you have enough evidence to prove liability?
- Does your claim reach a settlement or go to trial?
Besides trust funds, you can apply for VA benefits if you develop lung cancer after serving in the Navy. Similarly, if your loved one dies from asbestos-related lung cancer, you can claim compensation on their behalf by filing a wrongful death lawsuit. Contact a skilled lawyer for further guidance.
Legal representation
Navigating the complexities of the legal system isn’t everyone’s cup of tea; laypeople especially must be wary of filing a personal injury claim all by themselves. Always work with a skilled, licensed, and experienced lawyer to accelerate the proceedings and get quick justice.
Go through different candidates, research their credentials, ascertain their credibility, look into their track record, schedule phone interviews with them, and hire the best personal injury lawyer to take on your case. Many lawyers work on a contingency basis as well, making them easily affordable. It simply means you only pay them after winning adequate compensation.
Proving liability
Understand the concept of liability before pursuing personal injury lawsuits. You have to prove that your injuries were caused by the other party’s negligence, such as doctors not performing their duties properly, workplaces endangering the workforce’s well-being, or construction companies using asbestos. Everything from car accidents to slips and falls are included in this broad category. However, proving liability isn’t as easy as it sounds.
You must gather enough evidence to show that the other party was at fault and responsible for your injuries. For instance, collect these pieces of evidence:
- Medical records
- Pictures of your injuries
- Statements from reliable witnesses
- Receipts of the money spent on treatment
You may even collaborate with other victims of lung cancer and pursue mass tort claims, i.e., the one in which many people have been injured by the same person or company. It’ll make your case much stronger.
Focus on your recovery
Never disregard your well-being during this whole legal drama. Prioritize your health by seeking medical attention and document it properly as evidence of your medical expenses due to an injury caused by the offending party. Keeping medical records of your treatment and rehabilitation will serve as solid evidence of the personal injury you’ve sustained. Since a capable lawyer is handling your case diligently, focus on getting better and avoid worrying too much about your case.
Avoid social media
Here’s something other guides won’t warn you about, i.e., please avoid discussing your ongoing personal injury lawsuit on social media or other internet forums. It’s a bad practice and can ruin your entire case since the insurance people are always looking for ways to discredit your claims.
It’s been explained repeatedly that the stuff you say online is easily discoverable; there’s no privacy when it comes to social media. Everything you say on social media about your ongoing case can be used as evidence against you.
Time-consuming cases
Even with a lawyer gathering evidence and negotiating with the insurance people on your behalf, a personal injury claim can take months (or even years) to reach a definite conclusion. While standard cases require a year at max, complex ones are often finished in two or three years of back and forth between the parties.
So, mentally prepare yourself for a long legal battle. An arduous journey into the world of tort claims awaits you from now on! However, working with a very good lawyer expedites the whole process. A lawyer knows different tricks and methods to navigate the complex realm of personal injury lawsuits to accelerate the proceedings.
Settling the case
Don’t forget that most cases reach out-of-court settlements, and only a few ever go to trial. So, data shows that, out of the 400,000 personal injury claims filed annually in the United States, barely 4% are presented before a judge/jury. Also, going to trial means your chances of receiving compensation have been reduced by one-half; accepting a settlement offer, therefore, is the smartest option.
Just avoid accepting the first offer from the other party (they’ll try their best to pay you the least amount of money possible). Your attorney will reject their initial lowball offers, but when a reasonable offer comes your way, the attorney will recommend accepting it. Make sure you receive enough money to cover your lost wages, the cost of treatment, and other punitive damages.
Conclusion
Claiming personal injury compensation means embarking on a complicated, time-consuming, and quite exhausting legal journey. This blog discusses some important things to know and consider before filing a personal injury claim and describes how proving liability is integral to winning the case. Nevertheless, you still need to work with a skilled lawyer to successfully navigate a personal injury lawsuit and negotiate the maximum compensation.
