Should I File A Lawsuit?

Posted on Thursday, March 12th, 2020 at 8:42 am    

If you are hurt in a car accident that is someone else’s fault; you suffer financially and physically. Financial costs may come through medical bills to pay, property that is damaged that needs repairing and other expenses. The normal reaction would be to file a personal injury claim to get compensation. However some may feel that they cannot afford a personal injury claim.

What is a personal injury?

Legally personal injury applies to any case where a person all parties negligence has caused harm to someone. And such harm results in damages. The injured person needs to prove that the person who injured them had a certain duty of care. Such care would be to keep people safe or prevent harm and they breached that Duty. Due to the breach in the duty of care this led to the injury and or damage of property.

A few common types of personal injury cases are:

  • motor vehicle accidents
  • Medical malpractice
  • Slip and fall accidents
  • Dog bites
  • Defective products
  • Workplace injuries

When a person filed a personal injury claim they want to receive money in order to compensate for their injuries. Compensation may be received through an insurance company by way of Settlement. However, when settlement is unsatisfactory the next step is to file a personal injury claim.

Whether an insurance company chooses to settle or you file a personal injury claim you will need a lawyer.

When to file a lawsuit?

If negotiations with the insurance company slow down or stop it may be best for you to take them to court. This is a very important especially where your state statute of limitations it’s close to running out on your case. Once the state statute of limitations has run out on your case you will not be able to file a lawsuit. Speak to your lawyer on the available options for filing a lawsuit or settling.

 

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