When Can a Personal Injury Lawsuit be Filed?

2 minute read

If you’ve suffered an injury because of someone else’s wrongful conduct or negligence, you may be able to sue for damages, which includes pain and suffering. Building a solid case and filing your summons and complaint with the court promptly is essential if you’re considering litigation. Here’s a look at the different types of personal injury lawsuits and when you should file a suit.

What Qualifies As a Personal Injury Lawsuit?

Several types of cases qualify as personal injury claims. These include:

  • Auto Accidents – Car accidents are the leading reason for filing a personal injury lawsuit. Careless drivers who cause an accident that injures others can usually be held responsible.
  • Slips, Trips, and Falls – When property owners (and, in some cases, renters) don’t keep their premises hazard-free, someone injured on the property may be able to claim damages.
  • Assault and Battery – These cases involve the improper touching or hitting of another and cannot be intentional.
  • Medical Malpractice – As their classification suggests, these cases may be filed when a doctor or other healthcare professional provides improper treatment, and the patient is injured as a result.
  • Dog Bites – Dog owners are usually held responsible when their canine companion bites someone and causes injuries.
  • Construction-Related Accidents – This could include a fall from a scaffolding or roof due to improper safety practices and many other construction-related injuries.

Gathering Evidence for Your Case

Once you’ve decided to seek your day in court, your attorney must gather evidence to substantiate your case. This includes providing medical records, getting witnesses’ statements, and documenting other details that could be used to prove the alleged offender was at fault.

When Is the Best Time to File a Personal Injury Lawsuit?

Each attorney has criteria for when to institute a lawsuit. Some could start as soon as they are retained, and some could wait until the medical and liability injury is established. Every personal injury or accident case has a time limit for filing, called the Statute of Limitations. Each state has a different statute of limitation periods for different types of negligent actions. You should consult your attorney about this since a lawsuit will be time-barred if you fail to timely start your case.

After preparing your case, you should file a summons and complaint with the court as soon as possible. Important information, such as eyewitness accounts, may be compromised or lost altogether if you wait too long.

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