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How to File a Personal Injury Claim

26 April, 2017

Accidents happen. Some accidents, however, happen because of the fault of another. If you experience a personal injury that can be attributed to the fault of someone else, then you can file a civil lawsuit to seek damages.

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Depending on the type of injury you experienced, you can seek damages in the form of medical fees, compensation for emotional distress, or lost wages in a court. If you think you have been injured due to the negligence or fault of another, here is what you should do:

Find Legal Ground to Sue

Before you file for a personal injury claim, you must have legal grounds for a personal injury claim. For example, if you were injured in a car accident caused by a negligent driver, then you have a clear cut case for a claim. There are other situations that may not be as clear cut.

For example, slipping and falling at a shop where there was no wet floor sign may be seen as an accident. You may be able to sue the shop for not putting that wet floor sign as they responsibly should have done. Or you may not, depending on your province. You can first try doing a Google search to find out if there have been similar cases in the country. Better yet, you should try getting advice from a lawyer in your area.

Gather Evidence

There are no set stages to follow when you file for a personal injury claim. However, one of the first things you should do is gather evidence to present to lawyers, insurers, and finally to the court. If you were in a car accident, you can ask bystanders, police officers, or emergency workers to attest to your situation. You should also make notes of the conversations that took place.

Other forms of evidence include bills, like hospital bills following the injury. To justify the damages you seek, you will have to prove that the injury cost you financially or emotionally. Bills, income statements and statements of doctors will assist in this regard. Hire a local lawyer, like personal injury lawyers in Markham, to assist you with gathering evidence.

Timing is Important

If you had an accident last week, you need to sue the party that wronged you without delay. If you wait months or years, your personal injury claim won’t hold up in court. You may lose evidence you have gathered, lose track of witnesses, and the case will have gone cold. Some personal injury claims, especially ones against government agencies, have time periods to file. So, learn about these and file your lawsuit right away.

Send a Notification of Intention to Sue

You can send the party that wronged you a letter notifying of your intention to sue. This letter does not indicate that you are actually going to sue. However, the other party might contact you and offer a settlement before the matter goes to court. This will be the less bothersome and costly option for both parties.

To know for sure how to file a personal injury claim, contact a lawyer and seek legal advice. You can also try legal aid centers in your local area.

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