How to start a personal injury claim

How to start a personal injury claim

| Dec 26, 2019 | Personal Injury

Filling a personal injury claim can be more complex than you may expect. In essence, you have to present a watertight case, backed by strong evidence to convince the court of your injuries. Moreover, depending on the nature of the case, it may take years before the court makes a final ruling.

Before you start the litigation process, get to know crucial evidence that you should have:

Medical records

This includes the number of hospital visits, prescriptions, autopsy, rehabilitation, diagnosis and all related reports and records. Previous medical histories with a bearing on the case may also feature here.

Police reports

Police reports carry substantial weight in court, especially where witnesses were not available. You should, therefore, ensure that you get copies of the reports gathered by the police.

Statements from witnesses

These are testimonies from individuals who saw the accident or have information relevant to the proceedings. Witnesses could be anyone, including police officers or people that could somehow shed light on the reasons why the accident might have taken place.

Victim statements

This refers to the statement that you, as the victim in question, makes regarding the events that led to your injury. Ideally, you should put it down immediately after the accident.

Invoices and bills

These are documents showing the costs you incurred as a direct result of the injury. They can include repair invoices, medical bills, payment estimates and related documents.

What else should you know?

As a plaintiff, the law does not oblige you to notify an individual, or a company responsible for the accident, of your intent to file a claim. You, nonetheless, should inform the defendant as soon as possible. This helps to preserve your right to claim for compensation, since the defendant may otherwise dispute the case based on lack of knowledge.

It is also important to note that personal injury claims have an applicable statute of limitations. You have to submit your claim within a given period, and the failure to do so may mean the court dismisses your case.