If you are involved in an accident and sustained an injury that was due to the negligence of another, you are entitled to receive financial compensation. Financial compensation can include all accident-related medical costs, medication, physical therapy, property damage, pain and suffering, and missed wages due to time away from work.
The single most important step you can take is to enlist the help of an experienced personal injury lawyer in Spartanburg. Your personal injury lawyer will walk you through the entire process of your claim and advise you on what to expect after you send a personal injury demand letter.
Filing a Personal Injury Claim
If you are seeking financial compensation for an accident that caused you an injury, you will want to file a personal injury claim. Your first step in the process should be hiring an experienced and knowledgeable local personal injury lawyer. Negligence laws vary from state to state, which is why it is advantageous to hire a lawyer familiar with the laws governing the state where the accident took place.
Hiring a Personal Injury Lawyer
Your personal injury lawyer will assess your case and advise you on how best to proceed. They will give you a ballpark figure of what you can expect in terms of compensatory damages. Your lawyer will help collect all pertinent documentation, such as medical reports and witness testimonials. They will ensure that all paperwork is filled out correctly and filed on time to avoid costly mistakes or delays.
Personal Injury Demand Letter
To officially start your claim, the plaintiff (person who is filing the claim) must write a letter to the defendant (person the claim is being filed against). In the letter, the plaintiff must clearly state their intention to pursue compensation and the amount.
The response of the defendant dictates how your claim proceeds. If the defendant refuses to pay or denies negligence, your claim will become a lawsuit. Your lawyer will advise you on how to prepare for the possibility of going to court. They will guide you on what to expect and how to answer questions, especially in the instances of depositions or testifying in court. Your lawyer will work with you to determine and weak spots in your case and build you the strongest possible case based on maximizing its strengths and downplaying any holes or weaknesses.
After you send a personal injury demand letter, you should be prepared that the defendant might not respond the way you want or expect. In addition to refusing to pay or denying negligence, they could also claim a contributory negligence defense, stating that you were partially to blame for the accident that caused your injury. Depending on whether the state that your accident took place governs itself under contributory or comparative negligence laws will affect the outcome of your case. In states that employ the contributory negligence laws, if you are found to be even slightly negligent in the cause of the accident, you could lose your right to financial compensation entirely. Most states adhere to comparative negligence laws that adjust entitlement based on an assigned percentage of negligence. The best thing you can do to prepare for going to court is to listen to the advice of your legal counsel.