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Filing A Personal Injury Lawsuit: 3 Facts You Should Know

29 May 2015

Deann Miles

Are you planning to file a personal injury lawsuit in regards to a recent accident? If so, there are a few facts that you should know before filing your lawsuit with the local courts.

Fact #1: There Is A Statute Of Limitations Associated With Your Case

People often assume that they have all the time in the world to file a personal injury lawsuit. After all, if another individual is responsible for causing your injuries, this same individual will remain responsible a year or even ten years from now. However, while the issue of liability may not change over the years, your ability to seek compensation as a result of this liability will change.

In order to prevent individuals from using a lawsuit as a bargaining chip for eternity, the law limits the amount of time during which a lawsuit can be filed. If you fail to file your lawsuit before this time period expires, you will lose all legal rights to seek compensation for your injuries.

The statute of limitations that is attached to personal injury lawsuits can vary from state to state. Therefore, you should always consult an injury lawyer in your local area as quickly as possible in order to establish how long you have to file your claim.

Fact #2: You Cannot File A Personal Injury Lawsuit If You Did Not Incur Costs As A Result Of Your Injuries

Not everyone who is involved in a serious accident will incur a financial loss. For instance, an individual who does not require medical attention or who does not miss any days of work will not have any measurable financial losses despite the fact that they were injured in an accident. In these situations, it simply is not possible to file a personal injury lawsuit. This is because the law requires that you list what is known as real damages when filing a personal injury suit.

Real damages represent the financial losses that you suffered as a result of your accident. These damages must be measurable, meaning that they must have a specific dollar amount attached to them. It is this requirement that separates real damages from punitive damages, which are sought to compensate a victim for subjective losses, such as pain and suffering.

Fact #3: There Is No Such Thing As Not Having Enough Money For A Personal Injury Lawyer

A very common mistake amongst accident victims is the decision to proceed with a personal injury lawsuit on their own simply because they believe that they do not have enough money to hire a personal injury lawyer. If you currently share in this belief, you should know that you do in fact have all the resources you need to hire a reputable injury lawyer to represent you.

Personal injury lawyers collect their fee in a different way than other lawyers. Rather than requiring you to pay your legal fees upfront or pay an hourly rate, an injury lawyer will simply require that you sign a contingency agreement. This agreement will entitle the lawyer to a portion of your settlement in the event that they win your case. The good news is, if the lawyer fails to win your case, this contingency agreement will also protect you against the need to pay any legal fees.

For more information about filing a personal injury suit, contact a firm such as Elliott & MacLean LLP.

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About Me

If you are unable to work because of an illness or injury, you may qualify for social security disability payments. This money comes from a fund you have probably contributed to during your time in the work force, and it is likely that you have the right to disability payments using this money. As an attorney specializing in social security disability, I have a great deal of experience in helping clients determine if they qualify for disability payments. I hope that this blog will help people who have been injured understand what it means to qualify for social security disability benefits and how to go about getting that help.