Being injured can take a significant toll on numerous aspects of your life, and bouncing back can be difficult and expensive. An attorney may help you file a personal injury case against the person responsible for your injuries. Filing a case starts with investigating evidence, evaluating damages, and drafting a formal complaint.
Once the case is filed, we should gather more evidence to support your claims. Evidence may include records from law enforcement, medical records, photos and videos from the accident, and more. Your damages should reflect the severity of your injuries, costs, and painful experiences from the accident. The sooner you speak to an attorney about your situation, the better. You have a limited time in which to file a case, and if you do not file on time, you might be barred from ever filing.
Get a free case assessment from our personal injury attorneys at the Law Office of John J. Sheehan by calling us at (617) 925-6407.
How to File a Personal Injury Case
Starting a personal injury case can be confusing and is rarely simple. Your first step should be to hire an experienced attorney to help you prepare and file your case.
Your lawyer should gather information to prepare the case. We must have details about you, the person you want to sue, how you were injured, the extent of your damages, and why we believe the defendant is liable.
Our personal injury lawyers also must have evidence to support your claims when we first file everything. However, we do not need to meet the burden of proof, at least not yet. We only need enough evidence to prove that you have a valid cause of legal action.
Once we have everything we need, we can draft the complaint. The complaint is often a lengthy document, as it must contain very specific details about the case. If the complaint is lacking in any way, the court could reject it.
When we file the complaint, we must serve the defendant with notice, allowing them to submit an answer to the court. If we do not serve notice in accordance with strict laws, the entire case could be thrown out.
Investigating Personal Injuries in Pembroke
A personal injury case can be complicated, and we may need to conduct our own investigation to find evidence and information to prove your claims.
First, we should try to work with the authorities if they were contacted about your accident. The police may investigate if the accident is suspicious or serious. When serious bodily harm or death is involved, so are the police. We may get copies of reports about your accident to help us find evidence that the police uncovered.
Another part of our investigation is to evaluate your injuries. Of course, a doctor should be assessing and treating your injuries, but your attorney can help you determine what your injuries cost and how much compensation they are worth.
We also need to know how your injuries will progress and whether they will worsen. This is especially important if your injuries are complicated or severe.
We should speak to people who are connected to the case. We must find witnesses who may have valuable insight into how your accident happened. They may have been present when you were hurt or have other personal knowledge about the case.
Claiming Damages in a Personal Injury Case
Your damages may be numerous and substantial, and we must make sure everything is accounted for so that you get as much compensation as possible.
Many of your damages will stem from your physical injuries. Serious injuries may lead to expensive medical bills and long-term pain, especially if your injuries are extreme. In some cases, people may be unable to work due to their injuries and may claim extensive damages for lost income.
Other damages may revolve around property damage. Depending on the accident, you might claim the value of a damaged car, bicycle, your phone, electronics, lost jewelry, and other personal belongings. Even small items that might not be worth much should be accounted for.
Additional damages may be rooted in mental and emotional trauma. A bad accident can be traumatizing, and victims often live with deeply rooted psychological damage. Conditions like depression, anxiety, PTSD, and more may haunt you for a long time.
Gathering Records for a Pembroke Personal Injury Case
Certain kinds of records may help us find evidence and information to prove your claims. Records vary from case to case, but below are some records that are common in personal injury cases.
If you contacted the police after the accident, we should get copies of police reports. The police might have investigated, especially if the defendant’s behavior was criminal. While police reports are normally inadmissible as evidence, they can lead us to admissible evidence uncovered by law enforcement.
Your medical records are also helpful, as they may prove the extent of your injuries and treatment costs. This is why you must get medical care quickly. The sooner you see a doctor, the more complete and accurate your medical records will be.
How Do I Know if I Have a Personal Injury Claim?
Not every legal claim is a personal injury claim, and knowing whether you have one is not easy.
While being in an accident is a common element of personal injury claims, it is not the only criterion. Even so, if you were involved in an accident, you should speak to a personal injury attorney about your situation.
The hallmark of personal injury cases is bodily harm. If you have physical injuries from the accident, you likely have a personal injury claim.
Additionally, you must have real damages. Some injuries are so minor that they do not lead to any real damages. A few bumps and bruises likely do not need medical care, cause significant pain, or disrupt your life. As such, they might not be considered real damages for the purpose of filing a personal injury claim.
Speak to Our Pembroke Personal Injury Attorneys About Your Claims
Get a free case assessment from our personal injury attorneys at the Law Office of John J. Sheehan by calling us at (617) 925-6407.