In the United States, victims of accidents who have been hurt due to the recklessness or negligence of another can recover damages under tort laws in civil court. Whether your injuries were caused by a manufacturer who made a defective product, a drunk driver who slammed into your car, or a truck driver who slammed into your vehicle, then the courts will allow you to come forward with evidence to recover your losses.
The party you are accusing of causing the harm, called the defendant, will usually hire their own attorneys to defend them and claim that they either did not cause the harm or will argue for a reduction in liability, which means that you could get less in compensation. The attorneys from both sides look at the evidence and try to negotiate a settlement that will compensate the victim. Still, without an attorney advocating for the victim, they could receive far less than they deserve.
The attorneys for defendants do whatever they can to minimize their clients’ liability. This is why an accident victim needs to speak with a personal injury attorney about their case. Here are some tips to help you through the process of filing a personal injury claim.
Take The Right Steps
To receive compensation for your injuries, you will need to provide proof of the losses you suffered. The following are important to provide to your personal injury attorney as they develop your claim:
- Medical records: to receive compensation for your injuries, you must provide copies of your medical bills for the treatment you received after your accident and stick to the prescribed treatment plan.
- Lost wages: By providing information on your salary or your hourly wage, your personal injury attorney can determine how much you should receive in compensation for lost wages as well as future lost earnings if you are unable to continue working.
- Other expenses: If your car was damaged, or you needed to make changes to your home or vehicle to accommodate your disability due to injury or had other financial losses related to the accident, then records of those expenses should be provided to your personal injury attorney.
You should also speak with an attorney about recovering damages from the defendant for intentionally inflicting emotional harm through their conduct. These damages are usually referred to as pain and suffering. They include Post-Traumatic Stress Disorder, loss of companionship, or even the loss of a limb or the function of a body part.
Can I afford an attorney?
Personal injury attorneys are paid on a contingency fee basis, which means they front all of the court costs because they believe they have a strong case. Fasig | Brooks suggests speaking with an attorney as soon as possible after your accident to avoid the statute of limitations lapsing before your case has a chance to be heard in court. The statute of limitations is a legal timeline for how long a victim has to file a claim. Because many personal injury attorneys offer free, no-obligation case evaluations, there is no reason to delay. The sooner you speak to an attorney, the more strength your case will have.
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