The vast majority of personal injury cases reach a settlement before trial. Actually, many of them are resolved before a lawsuit is even filed. Usually, it is hard to reach a compromise if the claims adjuster considers that the insured wasn’t at fault.
The moment when you decide to file a lawsuit is when the negotiation between you and the defendant ends. It is in your best interest to think twice about the amount being offered to you. The expenses and the time needed to pursue a lawsuit may also exceed your expectations.
To start a personal injury lawsuit you will need to follow the following steps:
1. Gather all the evidence related to the accident and make a copy of your medical records.
2. Consult with an experienced attorney about the process of filing suit.
3. Prepare and file a complaint which identifies the legal and factual basis for your personal injury lawsuit. Send it to the defendant (or their attorney) or to the other person’s insurance company
4. A local court will fill all the documents, including the complaint and the answer.
You will choose the court, although, under certain circumstances, the defendant may seek to have the lawsuit moved to a different court. There are time limits for filing a lawsuit, called Statutes of Limitations, depending on which state and what type of claim. If you fail to file your lawsuit before the time limit expires, you’ll lose your right to sue.
If you were seriously injured as a result of an accident, you should contact a personal injury lawyer right away. They will review your case and provide you with sound legal advice along with the steps you should follow.