Kelly & West News

How To Handle A Personal Injury Claim

You are injured, and someone else is at fault. What do you do? What steps do you need to take? Suppose you want to file a claim against someone for your injury. In that case, you may need to file a civil complaint or lawsuit against the person(s) responsible — or even the insurance company if they will not voluntarily pay you. 

Filing a lawsuit may feel scary, especially when you’re dealing with the stress of being injured. Let’s make it a bit easier with these answers to some frequently asked questions.

What is a personal injury case?   

A personal injury case is a legal claim in which one person (the plaintiff) suffers from an accident or injury due to another party (the defendant). Personal injury cases require knowledge of the facts and the law and range from dog bites to wrongful death.

Do I have a case?   

To know if you have a case or not, ask yourself the following questions:

1. Have I suffered an injury?
2. Was the damage caused by someone else?

Each personal injury case is different. The differing facts in each case make applying the law a challenge. Also, proving that the accident is entirely someone else’s fault can be challenging because in North Carolina, if you are even 1 percent at fault, then you may not recover anything under the doctrine known as “contributory negligence.” North Carolina is one of only a handful

Photo by Brett Sayles from Pexels

of states with this law, but it can make your case difficult, especially if you do not have an experienced attorney helping you with the matter.

Do I need to file a claim? Do I need to hire a lawyer?   

You should file a claim for your injuries, especially if you were seriously hurt. It is best to get the advice of an experienced attorney anytime you are injured but especially if you receive medical treatment or are out of work because of the injuries. Insurance companies have experienced attorneys working for them that know the law, so you should discuss your case with a Lillington personal injury attorney to avoid any pitfalls.

Will my case go to court?

Not necessarily. Your case will only go to court if you and the other party cannot agree out of court. Once you file a lawsuit, you must meet the deadlines imposed by the court. Failure to do so could cause your case to be dismissed. 

Before filing a lawsuit in your case, be sure you know what to expect. For example, there’s no guarantee you will win. And the process may take months. 

Once the lawsuit is filed, you may not be able to un-file the lawsuit or delay the case without losing your rights, so be sure that you have the help of an experienced attorney throughout this process. Also, you, as the injured party, have the burden of proving your case in court. You may only get one shot at this, so you must know how to proceed. An experienced attorney will be able to assist you and is vital to a successful outcome.

Whatever you do, don’t wait. 

If you are injured in Harnett County, talk to an attorney within a few days. The longer you wait, the more challenging your case will be for both you and an attorney. Plus, time will erode evidence, such as skid marks, visible injuries to yourself, and witness testimonies. 

Additionally, the statute of limitations creates a time frame in which you can file a lawsuit. North Carolina has a statute of limitations of three years from the date you are injured. It may seem like you have plenty of time, but you will want to make sure to document all evidence possible before the lawsuit is filed to be sure that you present the best case possible in court.

So what’s the first step? 

Get information about your case and document your case. Act as soon as you can, so your attorney can contact witnesses and record their testimonies while fresh in their minds. 

If you need help with your personal injury case, do not hesitate to contact our experienced team of attorneys.