Post by Guest Author not affiliated with St Louis law firm, Sansone / Lauber, we do not recommend ever pursuing a personal injury action without a good personal injury lawyer in your corner.
Filing a personal injury lawsuit may seem like an overwhelming task, and you likely have many questions running through your head. What type of evidence do I need to provide? What kind of records should I take? How soon after the accident do I need to file lawsuit with an accident attorney?
Don't worry, my friends. We've got you covered. Here are some of the top tips that can help you when filing a personal injury lawsuit: (None of which substitute for hiring a good personal injury lawyer)
Know your state laws - Contact an attorney or research your state's laws before filing a lawsuit. Each state has different rules and some are even "no fault" states, which means you can only file for what the law defines as serious injuries.
Know the statute of limitations - Perhaps the accident happened a few months ago, but you're just feeling the injuries? The good news is, you likely still have time to file. Each state has its own statute of limitations that determines how soon you need to file. Some are as long as five years, while others give you just a year. If you don't file within that time limit, your case will be thrown out.
Learn about damages - Spend time learning about what things are considered damages in your case. Most states allow you to be reimbursed for not only medical expenses and lost wages, but also things like pain and suffering, loss of companionship, and emotional distress.
Understand what YOU need to do - To get a settlement from a personal injury case, you (and your lawyer) need to prove the other party was negligent and those actions are what led to your injury.
Gather as much information as possible - If there were witnesses on the scene, talk to them. Find out what they saw and if they have any additional details that would help your case. If you took photos of the scene (including any damage and photos of the road) collect those and use them as evidence.
Keep great records - Every time you get a medical bill, prescription refill receipt, or have to miss work because of your injury, be sure to save the documentation to use as proof of damages. Remember, the more evidence, the better.
Get everything in writing - You'll have the best chance of getting the settlement you deserve by getting all evidence in writing, so be sure to gather as much as you can into a clear, concise file. Examples include: All medical bills, witness testimonials, and a journal of your symptoms and general well being since the accident.
Hopefully, this gives you a good start to knowing what's important when filing a personal injury lawsuit. Keeping in mind the above tips and finding a good lawyer can go a long way toward helping you get the settlement you deserve.
Blog Author's comments, by St Louis Injury Lawyer, Ben Sansone.
The above tips are very helpful and should be followed in conjunction with advice form a local injury lawyer. Statue of limitation for example vary widely among the states. In St Louis where I practice I handle cases in Missouri and Illinois. Car accident cases do not need to be filed for 5 years in Missouri, however, just across the Mississippi River in Illinois, that time is a much shorter 2 years. Medical Malpractice cases typically have a very short statute of limitations, in Missouri it is 2 years, with very few exceptions. If the case is a wrongful death matter, even if related to medical malpractice, the statue of limitations in Missouri is then 3 years. Also, if a Missouri wrongful death occurs as the result of a car accident, then the statue if not 5 years, but 3 years.
All the internet research and tips does not substitute for the knowledge, learning and experience of a personal injury lawyer.
