If you were injured due to someone else’s negligence, you might be wondering if it’s an appropriate time to sue them. If your injury has caused you pain and suffering, financial strain, missed wages due to time away from work, or has disrupted your quality of life, this is when most people decide to sue. Enlisting the help of an experienced injury lawyer Robert Nye will help you through the entire process of suing for damages caused by a personal injury.
When one party is found mainly or solely negligent in the cause of an accident that has caused another party injuries or property damage, the at-fault party is liable for damages for the other party’s injuries and/or property damage. Financial compensation can cover all accident-related costs such as vehicle repairs, medical treatment, medication, physical therapy, and any missed wages due to recovery time spent away from work.
Personal Injury Claim
Most personal injury claims are settled out of court. When an injured party hires a personal injury lawyer, that lawyer will advise their client on how best to proceed with their claim. They will help them collect evidence, fill-out and file paperwork, and draft a demand letter.
To officially initiate a personal injury claim, a demand letter will be drafted. A demand letter is a letter of intent written by the plaintiff (person who is filing the claim) to the defendant (person the claim is being filed against). In the letter, the plaintiff will clearly state their intent to pursue damages for their injuries or property damage from the defendant or their insurance company. Depending on how the defendant responds to the letter will determine the next step. If the defendant denies negligence or flat out refuses to pay, this is when the plaintiff has the choice to sue.
Suing for an Injury
If the demand letter does not initiate the negotiating of a settlement, the plaintiff will likely sue to obtain the damages they are entitled. In this case, the personal injury lawyer will prepare to go to trial. Depositions will be taken and evidence such as including medical records, police reports, accident reports, and any witness reports will be collected. The personal injury lawyer will use these things to construct the strongest possible case for their client.
When suing for an injury, medical records will be the most important form of evidence. Medical records will determine the connection between the plaintiff’s injury and the accident, the nature of the injury, including whether the injury could have been from a pre-existing medical condition. The medical records will help determine the amount of damages the plaintiff is entitled to receive, as amounts are adjusted based on the costs of medical treatment, the seriousness of the injury, and how long that injury has disrupted the plaintiff’s life and ability to work.
It is appropriate to sue for an injury when the injury was caused by the negligence of another party.