Filing a personal injury claim is a process that can present a number of challenges. It is critical to know how to handle the basic elements of filing so your claim will have better odds of success. When a personal injury compensation lawyer starts working on a claim, they usually focus on these three issues.
Most personal injury claims are on the clock due to statutes of limitations. These are laws that state when a claimant has to submit their compensation demands. In most states, the deadline is two years from the time of the incident in question. Someone who had a slip and fall accident today, for example, would need to send a formal demand letter to the defendant before two years passed. Otherwise, the defendant or their insurer could reject the claim for failing to meet the deadline.
Notable exceptions exist. States frequently have laws that only start the clock once someone knows they've been injured. If you suffered repetitive stress injuries or exposure to chemicals or radiation, for example, you'd have two years from the time of learning about your condition.
Similarly, states may have extended periods of specific injuries. For example, many states have longer or no deadlines for filing sexual abuse claims. You should consult with a personal injury lawyer licensed to practice in the state where you plan to file so you can get a clear picture of state regulations.
Building a Compensation Demand
The centerpiece of any injury claim is the compensation demand letter. This is a formal description of what happened, why the defendant is liable, and how much they owe the victim.
A personal injury lawyer will investigate what happened to build the most detailed demand package possible. Usually, this includes collecting reports from doctors and first responders to explain when the injuries happened and what the extent of the harm is. Likewise, an attorney will frequently include witness testimony, videos, maintenance logs, and other supporting evidence.
Notably, a personal injury compensation lawyer will usually want you to wait a bit before you file. This is because they want clients to come as close to full recovery as possible. Many injuries are life-altering, the extent a person approaches full recovery indicates how permanent the injuries are. In extreme cases, a lawyer may demand compensation to pay for medical devices, therapy, nursing, and other resources for the remainder of a client's life. Consequently, counsel will want you to be patient so they can get as close to the full picture as possible.
For more information, contact a firm like Voorhees Law Firm.Share