How to File a Personal Injury Lawsuit

Your life can change dramatically after an accident. When someone else is responsible, filing a claim can help you to recover damages. 

At the heart of a personal injury lawsuit is the question of negligence. Did another person or entity, by way of a negligent or careless act, break their duty of care to you, causing you injury? If you can prove the answer is “yes,” then you may have a case. 

Read on to learn how to file a personal injury lawsuit. For more help, consider partnering with a Hastings personal injury lawyer. 

First Steps: Document Evidence of Personal Injury 

An accident can happen in the blink of an eye. But that doesn’t mean someone else can’t be responsible. Whether you sustained your injuries by merit of an aggressive dog, a slip-and-fall on a wet floor, medical malpractice, or a car accident, filing a claim against the responsible party can help you recover economic and non-economic damages related to the accident. 

To do so, however, you’ll need proof. That’s why seeking medical care for your injuries is so crucial. Not only does it allow you to receive a professional medical opinion for treatment, but it also fulfills the crucial role of establishing your injuries as part of your official medical record. 

When negotiating a settlement with the at-fault party’s insurance company, you can expect the insurance adjuster to look at your medical records. When you go to the doctor, it indicates to them that you took your injuries seriously enough to seek professional care. 

Also, when you have to pay to see a specialist or undergo a course of treatment, these costs could also factor into the value of your personal injury claim. 

Later Personal Injury Steps: Writing a Demand Letter

Writing a demand letter is a common way of beginning personal injury settlement negotiations. In this letter, you can lay out the sorts of damages you’ve received because of the incident in question. Then you can state your expectations for compensation. 

Making the basis for your demands includes drawing on the available evidence: police reports, witness statements, and other proof that can validate your claims. 

Negotiating a Personal Injury Settlement

Often, you may settle with the responsible party out of court directly. If not, filing a personal injury lawsuit in your local jurisdiction allows you to formalize the process. 

Negotiating for a fair settlement or jury award is complex business. Considerations such as the statute of limitations, comparative fault, and others can impact the value of your claim. 

Retaining the services of a personal injury lawyer for your lawsuit will help you increase your odds of success. 

Contact a Personal Injury Lawyer

When you’ve been injured by the negligence of another, you deserve compensation. A lawyer with Conway, Pauley, & Johnson P.C. will help you secure the maximum settlement or jury award given the facts of your case. 

We offer no-obligation case evaluations. Call 402-462-5187 or fill out the form below to schedule a consultation with a personal injury lawyer from our firm today.