Understanding Personal Injury Lawsuit Procedures
If you have become injured due to the negligence of a business, filing a claim against them to get reimbursed for your medical expenses, loss of wages, and personal suffering needs to be done quickly after the incident. There are statutes of limitations in each state pertaining to filing a personal injury claim, so contacting a lawyer as soon as you are physically able, is recommended. Here are some guidelines about what you can expect if you decide to put in a claim against a business after you become injured on their property.
Filing A Claim
As soon as you contact a lawyer about your case, they will take a look at the details to let you know if you have a valid argument. If they believe you cannot win monetary reimbursement, they will let you know before accepting the case. If you do have reason to collect, they will contact your doctor for medical records. They will compile a list of witnesses that may have been at the business at the time of your injury, and will gather statements from them to be used if your case goes to trial.
Waiting To Heal
It is extremely important that you follow all doctor's orders completely and thoroughly. If you are prescribed medication to help with your ailment, make sure to fill the prescription on time, every time. If you do not heed your doctor's instructions, it will look unfavorable should your case to go trial. It will appear as if you were not has hurt as you claim.
Often a lawyer will hold off on filing a lawsuit until after the medical procedures are complete and the injured party receives word that they are at maximum medical improvement (MMI) status. This is the point where the doctors can do no more to improve your situation.
If you file a lawsuit before you reach MMI, you will not know how much money you need to pay for your care, possibly lessening the amount the business pays you if you go to trial. If you are having difficulty paying your bills, however, your lawyer can file it sooner, but you will risk settling for less than you would have received if you had waited.
Filing A Lawsuit
If your lawyer deems the case valid, a lawsuit is filed. The business will retain their own lawyer. Your personal injury lawyer and their lawyer will hash out the details in a mediation setting and will try to come to a reasonable solution in trying to keep the lawsuit from going to trial. Often a settlement is offered. If you decide the settlement is not enough, the lawsuit will continue in a court of law in front of a judge.