What You Need To Know Before Filing A Personal Injury Lawsuit

3 November 2020
 Categories: Law, Blog

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You probably know that if someone injures you in an accident, you have the right to recover money from them to pay for your medical bills and lost wages. That's common sense, but the legal process it takes to get paid doesn't always follow common sense. Here are some things you need to be aware of.

You Have Very Strict Deadlines

Your right to recover isn't unlimited. The other party has a right to not have to worry about a lawsuit forever. You may only have a certain number of days to initially notify your insurance company and then weeks or months to file your formal claim with supporting documents. The time you have to file a lawsuit in court is generally measured in years.

However, in addition to hard deadlines, there are other reasons to move quickly. The longer you wait, the harder it can be to track down witnesses, and some evidence may no longer be available.

There Is a Specific Process for Serving a Lawsuit

When you sue someone, they obviously need to know about it so that they can answer it and possibly pay you. The tricky part is that there are specific legal rules to follow to make sure that the other party really knows about the lawsuit and so that they can't say they never knew about it. You can't just walk up to someone and tell them you're suing them.

Depending on where you are, you may have to hire a process server or send a certified letter in the mail. You will need to get back proof that the other party was properly served with your lawsuit in order for it to proceed.

You May Still Be Dealing With the Insurance Company

If the other party's insurance company refused to pay you or your claim was over the policy limits, you may think you're now suing that individual. In many cases, their insurance company still has a contractual obligation to defend them and will be the ones showing up in court.

The insurance company will usually bring a team of experienced defense lawyers to fight your claim. In addition to the facts of the case, they may also try to use legal technicalities against you. If you don't have your own experienced attorney fighting back, it could be hard for you to win.

To learn more about how to file a lawsuit, contact a local personal injury lawyer today.