Filing A Negligence Lawsuit: What Steps You Should Take

Posted on: 29 June 2020


When an individual gets injured due to another individual's intentional malice or recklessness, that injured individual has the right to pursue compensation. In a number of cases, insurance will cover the injuries that you sustained. If this is indeed the case, the insurance will cover the monetary damages without you needing to file a negligence lawsuit. Obviously, this is the outcome that most people would prefer.

However, insurance companies can often make it difficult to agree on a number that will cover all of the costs that you have. Some insurers will either refuse to reach an agreement with you or simply make an unsatisfactory offer to begin with. In cases like these, it may be necessary to pursue a lawsuit. Here are the steps you should take when a lawsuit is the form of action you must pursue.

Hire a Negligence Attorney

You may have already done so, but if you have not, consult with a negligence attorney who can assist you in the legal process. If your insurance claim has been denied, an attorney may be able to get the insurance company to make you a reasonable offer. The lawyer will also have the experience to negotiate with the insurer to ensure that you end up with a fair settlement. However, in the event that the insurer will not cooperate, the attorney will be able to represent your best interests at trial.

Keep Thorough Notes

Make sure that you are continuously documenting how your injuries are impacting your day-to-day life throughout the negotiations with the insurance company or the preparations for trial. This should include any diagnoses that you receive from healthcare professionals, medical expenses that you incur, employment or social opportunities that you miss, and physical capabilities that have been reduced as a result of the injuries that you sustained. Regardless of whether you and the insurance company reach a fair settlement or your case ends up going to trial, thorough notes can make a considerable difference in the amount that you are compensated in the end.

File a Personal Injury/Negligence Lawsuit

In the event that the settlement negotiations go nowhere, or the responsible party is actually uninsured, your attorney may come to the conclusion that the next step forward is to go to trial. It can be quite complex to file a lawsuit, so it is important that you allow an attorney to handle this process for you. There is a lot of paperwork involved, and you want to ensure that everything is filled out and submitted properly. In addition, evidence needs to be collected and a strong case needs to be built.

If you would like to learn more, contact a negligence attorney near you.