First Steps in Personal Injury Claim

It can be confusing after sustaining an injury in a slip and fall or in a car accident and right after the accident, you need to look after your health condition. And when you are ready, you can start considering about settling a personal injury claim for the injuries sustained.

Here are several frequently-asked questions on how to settle a personal injury:

I was hurt in an accident. What shall I do first?

The first thing you must do after being injured in an accident or in other way is to take care of your health, first and foremost. After doing this, then there are several steps that you need to follow in filing your claim for personal injury. However, if you are filing claims against the government or a government agency, there will be another set of steps to follow and requirements to submit:

  • Gather the evidence that can prove who is at fault or who caused the accident, and the damages caused by the accident. Pictures will be very useful.
  • Jot down all that happened to you after the accident, including medical bills, hospital visits, lost wages, and the like.
  • Make sure that you have the names and basic contact information of any witness in the incident; contact these witnesses to confirm their contact details.
  • If you talk to other people who were involved in the incident, make sure to write important notes about your discussion.
  • Inform anybody that you may file lawsuit and file claim for your injuries and property damage, if any.

How long do I have to inform a person that I am filing claim for my personal injury?

If you are considering on filing lawsuit against a person or some entity which is not a government or government agency, there is no established time limit where you have to inform the person you intend to file a lawsuit. By acting fast and efficiently, you may increase your chances of getting your claim faster compared when you delay the filing.

Remember that although you inform people of your intention to file a lawsuit, it does not mean that you really have to. Giving a notice, you are preserving your rights and avoid other parties from defending against the lawsuit by insisting that you have waited very long to tell them about your injuries. By informing the other parties, you have to make sure that you can continue with negotiations about the settlement and arbitration at your own pace and without being rushed.

Is there a time limit when I have to file a claim to be compensated for my injuries?

Yes, and settling personal injury claim may take longer and when you fail to file your clam in appropriate time, you may not be able to collect any compensation. There are laws known as “statutes of limitations” that sets a time limit you have to file your lawsuits and claims. When this time limit passes, you may not be able to file your lawsuits and claims to recover for your injuries.

When do I have to file a claim against the government for my personal injury?

Filing a claim against the government or a government agency or employee is different from filing claims against an individual or company. Depending on the type of case and the state where you are residing, you will have time limit from 30 days to one year. If you do not adhere to this time limit, you may not be able to recover any compensation for your injuries or property damage.

One way to find out the time period you are allowed to file your claim is to contact your county attorney and ask for the time limit for your type of claim. Although the lawyers may defend your case or settling personal injury claim, they are liable to provide you with sufficient and appropriate information.

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