3 Things To Know Before You File Your Personal Injury Claim
Being injured in an accident is no fun - especially when it is caused by someone else. Whenever you get injured because of someone else causing an accident, the first thing you think about is filing a personal injury claim against them. While it is necessary to do so in order to get compensation for your injuries, you are not guaranteed it will be successful. Here are three things you need to know before you file a personal injury claim.
1. You need to prove liability.
In order for you to get compensation from a personal injury claim, the other party must be found liable for the injuries. That means you must prove that you did everything within your power to try to avoid the accident that caused your injuries. For instance, if it was a car accident, you need to prove that the other person caused the accident and that you could not avoid it. Without proving the other person is liable for the accident, you will not win your personal injury claim.
2. You need to file your claim in a timely manner.
As with most legal issues, you have to file a personal injury claim within a certain amount of time in order for it to be actionable. The amount of time you have to file your personal injury claim depends on what is involved in it. For instance, if your personal injury claim is for negligence by the other party, you have up to two years to file your claim. However, if the other party intentionally caused your injuries, you can file a personal injury claim against them up to six years after the fact.
No matter what, it is in your best interest to consult with a personal injury lawyer (such as one from Aylward Chislett & Whitten Law Office) as soon as possible after your injuries occur. The reason for this is so will know for sure how long you have to file a personal injury claim against the other party in the event that they, or their insurance company, fails to compensate you on their own.
3. You need to be patient after filing your claim.
Many people think that the process will be quick after they file a personal injury claim. Unfortunately, this is usually not the case. Most legal cases take a long time to get through, even personal injury claims.
For example, if you file a personal injury claim against an insurance company, they likely have lawyers who will do everything they can to stall the case. This gives them more time to figure out plausible reasons they shouldn't have to compensate you. They will also use the stalling tactics to wear you down so that you will accept a low settlement amount. However, if you are patient and see the case through to the end, you can end up winning your claim and getting all of your injuries and treatment compensated for.