If You Have Thought About Suing The Other Party, Do You Know Statute Of Limitations For Such A Case?

In the event you have suffered injury and believe that another is a fault for your injuries

, you should consider a few vital questions prior to deciding whether or not to file a claim. The first question to ask yourself is: did anyone act negligently or fail to adequate provide care so that you would not get hurt? Next, ask whether the damage caused by your injuries is likely to be temporary or enduring.

Did you miss a significant amount of work and were your medical charges beyond what you could afford? The third question concerns the location of the injury incident. Knowing where the accident happened helps determine who is liable for it.

If you get hurt at work, worker's compensation will probably cover your injuries. In the case that you hurt yourself in a shop, you could perhaps file a claim against the owner. And last but no least, how long ago did the injury occur? If you choose to wait to file a claim, be aware that there is a statue of limitations, which places a time limit on how long you can wait to file a case.

Do you have to have a lawyer to file a personal injury case? You do not absolutely need an attorney to file a claim, but it is advisable to retain an attorney who is experienced in these types of cases.

If you have only received a minor injury, you could probably do a lot of the initial research on your own. Send a letter to the responsible party using certified mail.

They'll probably have liability insurance. The letter should state that you were injured, explain the nature of the harm sustained, and request that their insurance carrier get in touch with you.

Most insurance companies will send out an adjuster, whose interests will be inline with the insurance company's, to try and reach an out of court settlement with you.

If you are unsure of the fairness of the settlement being offered you, you should seek out advice from a good lawyer before agreeing to it. If you have been seriously injured, you will probably want to talk to an attorney right away if you think your injury is a result of another person's actions.

The insurance company will be swift to begin investigation your claims. Having a lawyer on your side will ensure that your interests are protected.

What is a customary fee structure in personal injury litigation? In most cases, you will not be required to pay anything upfront because of a contractual agreement known as a contingency fee. The lawyer will deduct any fees from the damages you receive.

It is often the case that the attorney will be entitled to 33 percent of the award, though that may differ depending on the state. If you do not receive damages, the attorney will charge no fee.

When you meet your lawyer for the first time, your first meeting will not cost you a dime. He or she will talk with you about your case and whether or not they think it's a winner.

Then more than likely, you will be asked to sign a contract. While it is true that the attorney is paid a fee only if the suit is successful, it is possible that you will still be required to pay the costs of litigation which could include filing fees, transcripts and witness fees.

What you end up paying really depends on your case and your lawyer. In certain situations, attorneys may require new clients to advance funds necessary to pay costs associated with the lawsuit.

You can fire your lawyer at anytime if you aren't happy. Remember, though, that the attorney you fire is then allowed to charge you for any work already done on your lawsuit.

by: John Chambers

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