How to File a Personal Injury Law Claim
Filing a personal injury claim is a complex matter and it is recommended that you should consult with an attorney prior to filing your claim. There are several legal theories involved in a personal injury lawsuit. Personal injury claims are torts. A tort is a civil wrongdoing conducted by a person that causes an injury to another and the law provides a remedy.
1. Determine the nature of your lawsuit. Did someone purposely touch you in an offensive or harmful way without your permission and cause you injury? Were you a passenger in an automobile that was involved in an accident and you were hurt? Did your physician failed to disclose all the risks involve in a surgical procedure? Personal injury claims are classified as intentional, negligence, or strict liability.
Intentional torts can be defined as acts which the wrongdoer purposely, or with substantial certainty of the torturous result. An example of a battery would be if A punched B in the nose without B’s consent. However, if A stood in B’s face, shook her fist and threatened to hit B, A committed the tort of assault. In other words, a battery requires a harmful or offensive touching, and an assault requires an imminent apprehension of a harmful or offensive contact. Among the tortuous intentional acts are assaults, battery, and false imprisonment, intentional infliction of emotional distress, conversion and trespass to chattel.
On the other hand, the tort of negligence involves the defendant’s failure to exercise reasonable care when under a duty to do so. The most common types of actions involving negligence include automobile accidents and medical malpractice.
In an action under the strict liability theory, you will be asserting that the defendant is absolutely liable without proof of fault or carelessness. The most common forms of strictly liable suits involve products and manufacturers liability.
Therefore, you must know what type of personal injury lawsuit you want to file against the wrongdoer, the nature of your injuries, and the type of damages you are seeking.
2. Identify the parties involved. This is extremely important especially in personal injury claims that involve motor vehicle accidents and medical malpractice claims. For example, if your personal injury claim involves an automobile accident, will you be suing the driver, the vehicle owner (if different from the driver), or the insurance company? This is why it is recommended that you contact an attorney who is experienced in handling personal injury claims to help you identify the appropriate parties to your legal action.
3. Gather all evidence. This should involve obtaining witnesses’ contact information and stories, the date, place and time of the incident, medical reports, conversations with insurance companies and police reports. The type of evidence required would be dependent upon the type of lawsuit you will file.
4. Review your state’s statue of limitation laws. A statue of limitation is a law that provides a time limit for filing personal injury claims. Some state laws require that a personal injury claim be filed within three years of the date of the incident.
5. File a petition in the appropriate court. Your personal injury claim is a civil matter and therefore must be filed within a civil court. However, a court’s structure varies from jurisdiction from jurisdiction. Similarly, you will have to know if your suit will be a state or federal action. Contact your local county court clerk to see if your lawsuit is within their jurisdiction.
6. Hire an attorney. This is the most recommended tip of all. There are attorneys who specialize in Personal Injury Law and most work on a contingency basis. Which means, they will work on your case and will delay the cost of getting paid unless you get paid? If you need assistance in locating a personal injury lawyer, contact your state’s bar association.