3 Steps To File Your Personal Injury Claim
If you have been injured by the actions of somebody else, you may able to receive money damages from that person to compensate you for your injuries. Filing a lawsuit can be a complicated, intimidating process, but here are three initial steps to start your personal injury claim.
1. Find Your Claim
The first step is to determine what type of legal claim you have against the person who injured you. There are two main types of personal injury claims: negligence claims and intentional torts claims like assault and battery. To have a successful negligence claim, you usually will need to prove that the other person was acting unreasonable and because of his unreasonable actions, you were injured. For a battery claim or other intentional tort, you will need to prove that the other person intended to cause you harm.
Based on the facts of your case, consider these possible options to determine if you should bring a negligence claim, an intentional tort claim, or both. Car accident injury claims tend to be negligence claims. If somebody punched you it would likely be a battery claim.
2. Get the Facts Straight
It is one thing to believe that you have a good personal injury case. It is a completely different thing to have the facts and evidence to prove it. Before you begin a lawsuit, you will need to be sure that you have evidence to support your claim. This can be anything from medical records describing your injuries to video footage showing the event that caused your injury.
When you draft your legal complaint, you will need to make sure that it has sufficient facts that a jury could believe your story. If you do not mention these facts in your complaint, your complaint may be dismissed. Make sure your story is accurate and supported by evidence.
3. Follow the Rules of Procedure
If you think you have a good legal claim and decide to file a lawsuit, one of the most important things you need to do is to follow all the procedures of the court. Rules vary from jurisdiction to jurisdiction, so be sure to check the local rules for the court you plan on filing in. Complaints usually need to state all the facts of your case, all legitimate legal claims, and all of the relief you are asking for. You will also need to serve the complaint to the person you are suing.
Conclusion
If you have been injured by somebody else and wish to start a lawsuit against them, these three steps will help you get started in the right direction. Feel free to consult with a personal injury attorney from a firm like Barton Smith & Barton LLP. He or she will be able to help you decide if you have a good case and what claims you could possibly raise.