Home Law Top Things to Consider Before Filing a Personal Injury Lawsuit

Top Things to Consider Before Filing a Personal Injury Lawsuit

by Louise W. Rice

Personal injury lawsuits are very stressful, and as a result, many are hesitant to file one, even if they’ve been injured as a result of someone else’s negligence. The burden of having to provide so much proof against the defendant on top of the physical and mental suffering might be too much. But personal injury is an important matter, and if the incident that injured you was serious and left devastating consequences, you cannot let it slide.

At the same time, you shouldn’t simply rush to file a lawsuit. There are a few things to consider before you start fighting to get compensation for your pain, suffering, and losses. The following paragraphs will present a few things to keep in mind before filing a lawsuit for personal injury.

1. Settling Out of Court

Did you know that a large majority of lawsuits are settled out of court? As much as 90% of lawsuits are settled before they make it to court, saving the trouble of having to go through a long trial.

Your personal injury lawyers will look at your injuries and the amount of time it took for you to recover. Then, they will start the process for insurance company settlement.

Of course, just because so many cases end in pre-trial settlements, it doesn’t mean yours has to be the same. Sometimes, the negotiation may not be successful, in which case the insurance company and attorneys may settle for mediation. This is sometimes unsuccessful, so your lawyer may request a trial instead.

2. Deadlines

When you suffer a personal injury, getting medical treatment and hiring legal experts to help you are some of the first things you should do. Going to trial might not be your priority now.

However, you should not wait too long to file the lawsuit – this is because there are deadlines for this. There is a statute of limitations that should be considered in every state. Most of the time, it is 1-2 years.

Check out the statute of limitations in your state and make sure you file the lawsuit before it’s too late.

3. Hiring Personal Injury Attorneys

Settling on your own is possible, but it is not always the best idea. It will be harder to get the compensation you deserve by yourself – so, you should not pass on the opportunity to hire a legal expert.

There are experienced and skilled personal injury lawyers who can help you out. This will be a good way to get advice on what to do next and what to avoid during the case. It will also increase your chances of getting a higher amount of money in compensation.

A personal injury attorney will help with negotiations with insurance companies and will also show your proof to the judge and the jury when the insurance company does not want to negotiate.

It is also essential to hire a lawyer based in your area, as he or she will know the law in your state and how to represent you based on it. In New Jersey, where tens of thousands of car accidents take place and result in people being injured due to someone else’s negligence or carelessness, a lot of people hire New Jersey personal injury lawyers.

4. Fees

Personal injury lawsuits come with a lot of legal fees that you may be worried about, keeping you from filing the actual claim. But if you’re worried, you can always hire an attorney who will not get the payment until you get the compensation. This means the lawyer would work on a contingency basis.

So, if you lose the lawsuit, the lawyer will receive nothing in the end. This way, they’ll be more determined to work hard on this case, and it will also save you the trouble of worrying about fees for now.

On top of the costs of hiring an attorney, you will also have to consider other taxes, such as fees for serving the summons, filing fees, and many others.

5. Not Signing Anything Without a Lawyer’s Agreement

Insurance adjusters don’t always want the best for you. They may try to convince you to sign certain documents and will try to make you settle for less than you deserve.

Don’t do this, especially without an attorney. After getting a lawyer, consult them regarding the matter and they will tell you whether you should sign certain papers or not.

Final Thoughts

Personal injury lawsuits are stressful and time-consuming, and you should always follow the right steps if you want to win and get the right amount of compensation. Consider these tips before filing the claim so that you can be prepared.

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