Determine whether you have the potential grounds to file a personal injury lawsuit. Generally, if you’ve been injured because of another’s negligence or actions, you have grounds for a lawsuit — even if the at-fault party’s insurance company offers to pay for medical bills and offers an additional cash settlement. However, if you accept this settlement, you forfeit your right to press charges, unless there are extenuating circumstances.
Gather any evidence of your injury, including a police report, if one was filed; photographs of your injury and the scene of the accident, if any were taken; pertinent medical documents; and any documents proving that your injury led to lost income.
Contact a personal injury attorney as soon as possible after the injury occurs, because there is a statute of limitations governing personal injury lawsuits.Depending on the type of injury, the persons involved and the state in which the injury occurred, you may have to press charges within a year of the injury.
- Though you can press charges for most injuries within a year, some cases have a much shorter timeline. For example, if you’re pressing charges against a government employee or entity, you may need to do so within 60 days.
- The time period in which you have to press charges generally begins when you receive the injury. However, if the injury or the cause of the injury was not immediately clear, the time period begins with the discovery of the injury.You can reach us and speak with an attorney 24/7 at 855-617-2119
Review your case with your attorney and share all of your injury-related documents. Disclose all the facts of the injury at this point, being sure not to present misleading information to make your claim look stronger. Absolute honesty is necessary with your attorney. You can reach us and speak with an attorney 24/7 at 855-617-2119
Consider the option of settlement first, which may occur before you can even file a lawsuit. In a settlement, both parties meet to settle the dispute without going to court. It’s a good idea to retain a personal injury attorney to examine the settlement. Your attorney negotiates the best monetary settlement for you and may negotiate additional terms.
Press charges if your case is strong enough, or if pre-lawsuit negotiations don’t result in a settlement that’s sufficient. If you choose this option, your attorney will file a lawsuit on your behalf. Even if you file a lawsuit, your case may not go to court, since your attorney will likely negotiate with the insurance company’s attorney first before trial.
- If the party at fault immediately offers you a settlement when you receive the injury, contact a personal injury attorney to review the settlement before you accept it.
Contact our office at 855-617-2119 / 888-672-0591 / 888-476-7961 / 888-605-2974 / 855-780-8603 / 855-970-1528 / 855-798-3718 / 888-881-9036 / 855-548-1938 / 877-930-7045