This is important because it can determine whether or not you'd actually be able to collect any damages award a jury hands you after a personal injury trial.
Having a judgment in your favor is one thing, but collecting on that judgment is another story, and the story may not have such a happy ending when the defendant has no applicable insurance coverage in place, and very little in the way of assets. Consider the extent of your injuries and whether your own insurance coverage might provide a satisfactory solution. If you weren't seriously hurt, fault for the accident isn't clear-cut, and you have health insurance coverage, you might want to think twice before filing a lawsuit against someone who has no insurance.
On the other hand, if your injuries are significant and it's clear that the other person is at fault for the underlying accident, you'll probably want to proceed whether or not they're covered by an insurance policy. Let them sort out the details. Except in the simplest of cases, where your injuries aren't significant and you're confident you can get a satisfactory result on your own, it's probably best to at least discuss your case with a personal injury attorney.
Remember, talking with an attorney isn't the same as hiring one. Most personal injury lawyers will be happy to provide an initial free consultation where they discuss the merits of your case with you, and outline your legal options.
In most attorney-client agreements in personal injury cases, the attorney works on a "contingency" basis, meaning the client pays nothing unless there is a settlement or court judgment in the client's favor.
Then, the attorney takes an agreed-upon percentage of the settlement or judgment, as a fee for services. Depending on the amount of money at stake and complexity of the legal issues in your case -- and also depending on how much of a fight the other side is willing to put up -- it might just be worth it to have an attorney fight the fight for you. PIP is for covering your own injuries and losses after an accident. Again, depending on where you live, different factors may affect these definitions.
For a free legal consultation, call All states allow accident victims to pursue compensation from the liable party to cover the cost of their damages. To do this, you must prove that because of this otherwise avoidable situation, you have incurred expenses. It is important to have relevant evidence that supports your account of events. To prepare for your claim, you will want to keep the following:. These claims may be covered by your PIP insurance or other coverage.
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You do not have an unlimited window of time to pursue a civil claim. If you live in Florida, you have four years from the date of your accident to get a personal injury lawyer and file a lawsuit. However, if you live in Tennessee, you only have one year to seek financial recovery. Most personal injury lawyers will gladly review your case to help you understand your options.
They will walk you through each step, making the procedure much easier. It should be one of your top priorities to have someone represent you, assist you in making the best decisions, and negotiate a settlement. Before filing a claim you have to make sure you have all the documents that support your demands.
Obtaining medical reports will serve as evidence of all the injuries that you sustained as consequence of the accident.
Medical bills, test orders and prescriptions will also be proof of the expenses that you need to be compensated for. If you are requesting to be reimbursed for lost wages you will need a letter from your employer or copies of your pay stubs to know exactly the amount of money you lost in the time you were unable to work.
Once you have all the documentation necessary and evidence, it is time to file a claim. At the accident scene, make sure everyone gets needed medical attention. Obtain all possible information you may need, such as eye-witness names, contact data and their input. Take photos if possible at the scene, before anything is moved. The police will be there quickly; they also will make an accident report. Get medical care that you need. Contact employers, insurance companies, relatives and others who may need to know about this situation promptly.
Then, call your Personal Injury Attorney. If you do not already have one, ask friends, family or coworkers for a recommendation, or call the local Bar Association and get a referral. Your Attorney will advise you about filing a lawsuit.
You should first consult with an experienced Personal Injury Attorney and tell them the details of the accident, your injuries and any related damages you had because of that accident.
In most cases, you should file immediately, so you do not miss any time limit deadlines Statute of Limitations. You may be able to claim compensation for accident-related economic claims, such as medical care expenses, recovery and rehabilitation, future medical costs or therapy, pharmaceutical costs, dental care, nursing or home care.
You also can submit claims for non-economic claims. These include intangibles like pain and suffering, psychological or mental treatment needs, loss of consortium, loss of guardianship, fear, anger or anxiety.
Your list of claims will be dependent upon your individual circumstances and your unique accident event. Get copies of all the accident-related documents like police reports, witness information and photos. You will need medical expense invoices and estimates of future medical needs, recovery expenses and any expected future recovery services financial costs.
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