subject: Personal Injury Dos and Don'ts: Increasing the Chances to Win a Lawsuit by:Nemelou Despuez [print this page] Personal injury claims provide legal remedies for those people whose injuries are caused by a reckless and negligent individual, allowing them to receive monetary compensation that covers hospital expenses, loss of wages, and pain and suffering.
While these claims can provide relief to injured victims, they should realize that failing to do certain legal procedures may jeopardize their chances to receive compensation for the damages.
These are some of the basic dos and don'ts in filing a personal injury lawsuit:
1. People should not sign any document, make statements, or communicate with the defendant's insurance company (which has the tendency to propose a settlement lower than the real amount of damages), unless they are accompanied by their lawyers.
2. Victims should not ask for an excessive amount of claims. Doing so may give an impression that they are trying to make a profit out of the legal system.
Usually, the involved parties hire experts who will determine the approximate amount of the damages.
3. Secure all the evidence. For example, a woman who was hit by a reckless driver should keep all the medical records including doctor's diagnosis and hospital bills that can strengthen her case against the defendant.
4. File the case as soon as possible. Every state has its own statute of limitation, a law that prohibits people to file a lawsuit against another individual after a certain period of time has lapsed.
In California, the statute of limitation is two years. However, courts usually extend this deadline if complainants can prove that they have valid reasons (e.g. the injury is not discovered immediately, the victims are not aware that their injuries were caused by another negligent person).
5. For victims who have no cash to pay for a legal service, they should still hire lawyers. There are many personal injury lawyers who allow their clients to pay them through contingency fees. In this agreement, complainants will not pay their lawyers unless they receive a settlement from the defendants. With this condition, this arrangement has also been referred as "No win, no pay".
6. Victims should not back out even if they are partly at fault for their injuries. Most states use the comparative fault system when giving awards to victim even if they have contributed to their own injuries.
For example, a man has been found to be 25 percent at fault for his injuries and was awarded with $20,000 by the court. With the comparative fault system, the award will be reduced to $15,000.
7. Consider out-of-court settlement. Court litigations usually extend few years and are considered to be expensive. But in out-of-court settlement, these can be avoided. However, plaintiffs should seek the advice of their lawyers to make sure they will receive the rightful amount of compensation.
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