Four Things To Consider Before Filing A Personal Injury Lawsuit

Posted on: 11 January 2018

If you have been injured because of someone else's actions—and that injury has resulted in a loss of funds—you should consider filing a personal injury lawsuit against the person who harmed you. This way, you can collect compensation from the responsible party. Before you file a personal injury lawsuit, however, there are a few things to know.

There's a Statute of Limitations

If you want to file a personal injury case, you need to act swiftly. There is a statute of limitations after which you will no longer be permitted to file a case. This time limit varies by state and is also dependent on the type of injury you have suffered. In most cases, the limit is two years. But a few states give people three years to file, and the limit is longer for certain types of medical injury cases.

Filing a Case Takes Time

You can't expect to file your personal injury lawsuit and collect the damages the next month—or in some cases, even the next year. There will be a great deal or negotiation between your lawyer and the other party's lawyer before the case even makes it to court. You'll have to wait for a court date, and then perhaps a second court date. Even after your case has been heard and ruled upon, the other party may not have to pay immediately, based on their financial situation. Make sure you have a way to support yourself and a financial game plan in place as you await your funds.

Many Cases Are Settled Out of Court

Personal injury cases do not even always make it to court. To avoid going to court, your lawyer and the other party's lawyer will try to work out a mutually beneficial settlement agreement. For instance, if you are asking for $500,000, you may agree to accept $300,000 rather than go to court and risk being awarded nothing at all. Ultimately, it is up to you whether you accept a settlement offer, but your lawyer can offer very helpful guidance in this domain. 

You Absolutely Need a Lawyer

All fields of law have their intricacies, but personal injury law is particularly complex and nuanced. If you represent yourself in court, you'll likely have very little chance of success. Speak with a lawyer like Jack W Hanemann, P.S. about your personal injury case and being awarded the compensation that you deserve.