Steps in Making a Personal Injury Claim
When you are recovering from an accident or a fall you may not be feeling ready to make a claim for personal injury. Looking after your health should be your highest priority at a time like this, and when
the time is right you will be able to take steps to settle your claim.
Collecting evidence
While the accident is still fresh in your mind and the memories of other people involved, collect evidence that will support your claim. Write down details of the accident: everything you can recall about who was involved, and the damage it caused. Photos of your injuries and the location of the accident are a very useful form of evidence.
Contact people who witnessed your accident and confirm their contact details; make a note of your conversations with witnesses.
Keep records of any relevant events that followed the accident such as hospital visits, doctors’ bills and time lost from work.
Giving notice about a personal injury claim
It is important to inform the person that you are planning to sue that you intend to file personal injury or auto accident claims. Unless you are claiming against the government or an agency of the government there is no set time within which you must give notice of your intention to make a personal injury claim. By giving notice at an early stage you help to preserve your rights and avoid the risk of the other party claiming that you delayed informing them about your injury. Giving notice does not irrevocably commit you to taking legal action, but it does give you a chance to proceed with your claim at your own speed without feeling pressured or rushed.
Time limits for filing a personal injury claim
State laws called “statutes of limitations” set out the maximum time limits for filing different types of lawsuit. Check the statute of limitations for your type of personal injury claim in your state. If you fail to file your lawsuit within the time limit your personal injury claim is likely to fail, leaving you without compensation for your loss or injury.
If you are claiming against a government agency or government office there is a limited time for filing your personal injury lawsuit. The time limit depends on where you live and the nature of your case and is likely to be somewhere between 30 days and a year.
the time is right you will be able to take steps to settle your claim.
Collecting evidence
While the accident is still fresh in your mind and the memories of other people involved, collect evidence that will support your claim. Write down details of the accident: everything you can recall about who was involved, and the damage it caused. Photos of your injuries and the location of the accident are a very useful form of evidence.
Contact people who witnessed your accident and confirm their contact details; make a note of your conversations with witnesses.
Keep records of any relevant events that followed the accident such as hospital visits, doctors’ bills and time lost from work.
Giving notice about a personal injury claim
It is important to inform the person that you are planning to sue that you intend to file personal injury or auto accident claims. Unless you are claiming against the government or an agency of the government there is no set time within which you must give notice of your intention to make a personal injury claim. By giving notice at an early stage you help to preserve your rights and avoid the risk of the other party claiming that you delayed informing them about your injury. Giving notice does not irrevocably commit you to taking legal action, but it does give you a chance to proceed with your claim at your own speed without feeling pressured or rushed.
Time limits for filing a personal injury claim
State laws called “statutes of limitations” set out the maximum time limits for filing different types of lawsuit. Check the statute of limitations for your type of personal injury claim in your state. If you fail to file your lawsuit within the time limit your personal injury claim is likely to fail, leaving you without compensation for your loss or injury.
If you are claiming against a government agency or government office there is a limited time for filing your personal injury lawsuit. The time limit depends on where you live and the nature of your case and is likely to be somewhere between 30 days and a year.
