If you have been hurt in an accident or maybe you slipped and fell, you might be wondering what steps you need to take in order to get started with a personal injury case. The most important thing that you should be worrying about is taking care of yourself. Your first step needs to be to seek medical attention. Your next step should be to consult an attorney
Your first steps should always be the same whether you were injured in a car accident, work accident, slip and fall or other situation. Whether you are going to be suing an individual, organization, or government entity you need to file your suit in a timely manner. There is a statute of limitations on every action whether it is civil or criminal, and some time frames are shorter than others.
For example, a suit against a government entity might have a statute of limitations of 30 days or it might have a year. Only an experienced attorney like the Preszler Law of Toronto can guide you through the process.
Information You Will Need
In order to be prepared for your meeting with your attorney as well as your court case, you will need to get some information together. This will be used as evidence in your case.
You will need to write down everything that occurred after your accident. Make sure that you put as much detail as possible into this. You will want to note hospital visits, medical bills, lost work, and lost wages.
Whenever you talk to anyone about this case, you will want to take notes. Get a copy of the police report. Make sure that you have all of the witness information and confirm that you have their contact information
When it comes to a personal injury lawsuit, the ‘burden of proof’ is your responsibility. You need to do whatever it takes to prove that you were injured due to the negligence of another party.
Do I Need To Inform The Opposing Party That I Am Filing Suit?
Even if you don’t end up filing a suit against them, notify them of your intent to do so. This allows you to preserve your own rights. If you don’t notify them and then later decide to file suit, they can claim that too much time passed.
How Long Does A Lawsuit Take?
There is no set time of start to finish of a lawsuit. There is a possibility that in order to prevent a lawsuit that the opposing party will make a settlement offer right away. There is also the possibility that they will take their time and postpone it numerous times so that it can take months or years to settle. It is also possible that you might win the lawsuit but that the opposing party cannot afford to pay you. You need to be prepared for every possibility.
Another factor in personal injury cases is that there is the possibility that more than one lawsuit may be involved. According to Jeffrey Preszler from Preszler Law of Toronto, an injury that causes a person to become disabled may result in several distinct legal claims. These claims can potentially cause a chain reaction that could potentially be more difficult to settle. An accident that causes a long-term or permanent disability can be devastating to both you and your family. In this situation, a settlement could make quite a difference in your lives and circumstances.
An example of a lawsuit that might have more than one claim could be as follows. Imagine that you are in a car accident. You sue the person driving the vehicle. It is discovered, however, that the vehicle had a faulty part in the engine. Therefore, the lawsuit turns toward the automobile manufacturer. The manufacturer discovers that the faulty part in the engine came from a different and separate manufacturer. Therefore, the lawsuit now includes the person who hit you, the automobile manufacturer, and the manufacturer of the part that was faulty. They may, in turn, find that the material the part was made from is deficient in some way. This is how a lawsuit can become multi-layered.
Other Factors In Personal Injury Lawsuits
If your injury occurred at work, then a personal injury lawsuit might not be appropriate as it would be a workmen’s compensation issue. Of course, you should still hire a lawyer to make sure that you are fairly compensated for your injury.
An injury might also have long term effects that need to be considered in the case. If the injury is severe, there can be long term pain and suffering involved. There may be future medical bills that would be devastating. If you are permanently disabled or end up in a wheelchair, your home would need to be adjusted to your new needs.
Whether you believe that your injury is severe or not, you should always consult an attorney to guide you through the process. The one thing that the process will always need from you is the evidence. It is imperative that you document everything related to your injury. If you are missing a component, your attorney can assist you in procuring it.
Keep every receipt. Make notes at your doctor appointments. Note what might be an issue in the future at work if you were injured on the job. Make sure that you don’t leave anything out. If you forget something, it can cost you down the line as only those costs that you bring to court will be the costs that are paid for when you win your case.
The journey through a personal injury lawsuit can be long and stressful. It can be exhausting for everyone involved. By doing everything that your attorney advises, you will have a better chance of getting the money that you need for medical bills, lost wages, replacing your vehicle, or getting by until you are well enough to return to work. There are many factors to a personal injury case that only an attorney can guide you through.
In the meantime, it is important that you remember to first and foremost take care of yourself. After all, the case that you are about to embark on will only succeed if both you and your attorney do your part.