How do I sue a company for personal injury?
Any business knows that personal injury claims are just one more of the costs associated with doing business. On the other hand, any customer walking into a business has a right to expect to be relatively safe there. However, on occasion, the business fails to meet that obligation, resulting in an injury to the customer.
What elements must be present for you to be able to sue a business?
Basically, there are three points that must be present when you want to sue a business for having slipped and fallen within their premises. These three items typically make up a negligence claim and they are:
- The business has a duty of care that should be extended to all of its customers
- There must have been a breach in that duty of care
- It must be that breach that caused the injury or harm
What are the first steps you must take to prepare for your lawsuit?
When the injury happens, it is important for you to document it. Take pictures of what happened, and if you are unable to do so, ask a friend. If no one is around that could take them, go back when you are able and photograph the scene. Also, get statements from witnesses and write down everything that happened. You may not remember all the details later on.
Another priority should be for you to get medical attention right away to take care of your injuries and save all paperwork you receive and all medical bills. And if you can’t drive yourself to the emergency room, request emergency medical services, and document that as well.
After that, contact a personal injury attorney to help you build a strong case and guide you through any negotiations should you receive a settlement offer before the trial.
Why is it important to keep all medical records?
Bills, notifications from your doctors, and medical records are important because they will help determine how much you have spent trying to recover your health. They will also serve to corroborate how severe your injuries were. Don’t discard any expenses related to mental health or physical therapy which can also be added to the amount you are seeking as compensation.
Take pictures of the injuries, bruises, cuts, stitches, and swelling as soon as possible and add them to your medical file.
How can a personal injury attorney help you?
If you are contemplating a possible lawsuit, talk to a personal injury attorney right away. They will listen to what you have to say and help you understand if you have a strong case. They will also review the evidence you have and explain to you what else needs to be gathered to make your case even stronger. By no means should you proceed with the claim without an attorney, the other side will certainly have one.
Are you worried about hiring a personal injury lawyer because of the cost?
You may want to contact a lawyer that is willing to work with you on a contingency basis. This means that you will not have to pay any fees unless you win your case. Many personal injury lawyers use this method when presenting a claim.
Although in the end you may still be responsible for filing fees or the cost of court reporters, working with an attorney on a contingency basis will make everything much more affordable.
Filing a Lawsuit Against a Company
As a first step, your attorney will file a complaint in court. It will state the facts of the dispute and request a specific relief. It will also identify the party responsible for your injury. Then notice must be served to the defendant. This is done by hiring a process server to hand-deliver the summons to the representative of the business you are suing.
The defendant has to review the complaint and give you an answer. They may deny or admit it, or they may state that they have insufficient knowledge of the facts to make any statement about it. Your lawyer will be informed of their answer.
The process of discovery begins when both parties request and receive the documents held by the other party and questions can be asked either in oral or written form. The aim is to narrow down the issues that are in dispute.
The next step may happen when you are asked to sit for a deposition where the defendant’s lawyer will ask you questions. The business will then file for summary judgment. In the end, you may be offered a settlement or go to trial.
It is vital for you to have an experienced personal injury lawyers Orlando working with you. 1-800-Injured is an attorney and medical referral service that can connect you with the legal help you need.