Guidelines For Filing A Personal Injury Claim

According to the law, anyone that has been injured in an accident has the right to seek compensation from the person that was alleged to have caused the same accident. Injured victims can take advantage of that opportunity by filing a personal injury claim.

First steps in filing process

Learn whether or not the allegedly responsible party holds an insurance policy that could cover the injurious incident. That piece of information helps to disclose the extent of the victim’s/claimant’s chances for collecting any compensation, or court-awarded judgment.

Determine whether or not it is clear exactly who should be blamed for the same incident. It is vital to get examined by a physician, in order to gain insight into the severity of any reported injury.

Next major step: find a lawyer

A respected personal injury lawyer in St. Charles should grant any potential client the opportunity to have a free consultation. In that way any individual that has sought such a consultation should manage to learn the merits of his or her potential case. In addition, someone that has consulted with a personal injury lawyer should acquire an understanding of his or her possible options.

Normally, the person that has chosen to hire a personal injury lawyer does not have to pay any initial fee. The lawyer’s payment would, ideally, come from an agreed percentage of the client’s compensation, or court-awarded judgment.

Take the time to learn the statute of limitations for the area where the accident took place.

If the opposing party were to refuse to agree to a settlement, the claimant would need to think about imitating a lawsuit. Hence, the same claimant should learn the deadline for informing a court about plans to file a lawsuit.

Claimants that fail to obtain the details, regarding the statute of limitations, risk the chance for being deprived of their chance to seek some way for covering the cost of their damages. Courts refuse to schedule any case that was not filed within the span of time that established by the laws in a specific judicial district.

Sometimes courts do provide a claimant with a limited amount of additional time. For example, if a child or teenager got injured in an accident, then the court would be apt to honor a request for an extension of the deadline for filing.

That deadline normally gets moved to whatever date is 2 years from the child’s or teen’s 18th birthday. At that point the child/teen has become an adult, and can enjoy the rights of an adult. One of those rights concerns initiating a lawsuit against whoever has caused an accidental occurrence, one that brought harm to a minor, before that minor’s 18th birthday.

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