Are You Thinking of Filing a Personal Injury Lawsuit?
7 Things You Need to Know when Filing a Personal Injury Lawsuit
If you ever need to file a personal injury lawsuit, then you are probably venturing into new territory. Filing a personal injury lawsuit takes an expert touch as many laws can affect the outcome — and the payout — of your lawsuit. The following tips can help you as you proceed with your case:
In Arizona, you have two years from when the car accident occurs to file a personal injury or property damage lawsuit. (Title 12, Article 3, Secs. 12-541, 12-542).
Seek Medical Treatment Immediately
If your injuries are severe, then you will need emergency medical treatment. Be sure to follow the advice from the emergency room staff and the doctor at any follow-up visits in order to show that you are cooperating with medical professionals.
Collect as Much Information as Possible
Since you have a first-hand account of the incident, you need to collect as much information about your personal injury accident as possible. While you might be limited in obtaining information, you can send a friend or family member back to the accident scene.
You will want to take photographs of the accident scene the day it happened because, in many cases, the physical evidence at the scene might change, which could affect liability. You should collect the names and contact information of witnesses and obtain a copy of the police report to give to your attorney.
Watch What You Say
When you are giving information to the police or talking to witnesses, you need to be very careful about what you say. When you talk to the police, you should stick to the facts that you know. Never speculate about the other party’s thoughts, and do not indicate your intentions unless you are asked. Explain the events as they happened and as you saw them.
Do Not Talk to the Defendant or the Insurance Company
In some cases, defendants in personal injury cases try to reach out to plaintiffs to encourage negotiations or to convince the plaintiffs to drop the case. If the defendant reaches out to you in any way, direct them to speak with your attorney.
One of the first phone calls you will receive after a personal injury incident will be from the insurance company for the other party. The insurance company might try to get you to say something to weaken your case or offer you an immediate settlement. You might inadvertently damage your case by talking to the other insurance company with legal representation, so tell them to contact your attorney for more information.
Consider a Settlement After Talking with Your Attorney
Most personal injury lawsuits result in a settlement between the two parties to avoid a drawn-out court proceeding. While your lawyer will need to file your claim so that you can receive compensation, you might not need to go to court. Your attorney will give you all of your options, including the possible negotiation of a settlement.
Prepare to Go to Trial
Your lawyer might advise you to wait to increase the settlement offer, which he or she will negotiate for you. Taking the case to trial can be time-consuming but the other parties might not offer you a reasonable settlement, so discuss your options with your personal injury attorney to determine the best course of action.
Keep a Low Profile
If you file a personal injury lawsuit, you should delete all of your social media pages and avoid public places. Anything that shows up on the internet can be used against you and damage your case, especially when it comes to social media. Keep a low profile during the lawsuit and avoid giving the other side information they can use against you.
A personal injury lawsuit might be the only way that you can obtain the compensation you deserve to get your life back on track. If you are involved in a lawsuit, contact a top law firm and ask your personal injury lawyer for help to resolve your case in the best possible manner.