Being involved in an accident and becoming disabled can be problematic to you, your family, and your friends. It can affect your daily routine which can cause problems in your workplace and inside the home.
There are steps to take to fight for your rights when you feel that you’ve been wrongly disabled. Some of these incidents that lead to disability are car crashes, slip and fall accidents, medical malpractice, and work injuries.
Victims or their relatives can file a personal injury case in court to make someone legally liable to compensate for the harm caused. It can be a formal lawsuit or an out-of-court settlement.
You can either win or lose your case depending on the steps you take after the accident. But just like other cases, lawsuits regarding personal injuries varies in each state, therefore it is best if you speak with a lawyer.
Nevertheless, it is essential that you learn the necessary things to consider if you’ve been wrongly disabled so you can have an idea of what to expect in the process.
- Check The Laws
The statute of limitations for offenses varies in each state. But, you can file your case in the court immediately, rather than waiting.
It is advisable that you review the statute of limitations in your state to determine the time limits upon which you can take action in court. With this, you can ensure that you still have a chance and it is still not too late to sue the one liable for your disability.
- Contact Your Insurer
If you have insurance, notify your agent regarding the accident that happened. The agent will provide tips on how to proceed with claims so you can recover from the disability.
- File A Report To The Police
As soon as you have experienced the accident, report it immediately to the police. They will ask you questions regarding the incident to determine who’s at fault. Be sure to be thorough and honest when it comes to answering any question the police office may have.
However, discuss the conversion with your lawyer and be observant with the words you use with the police. They can use the things you say against you.
Let the police investigate the accident but try your best to gather evidence and document the incident. Here are some things you must take note of:
- Ask the name and the number of the police officers and get a copy of their investigation report at their office.
- Document the identity of all parties involved. For example, if it’s medical malpractice, note the names of the doctor, nurse, anesthesiologist, etc.. If it’s a car accident, have the identification information of the pedestrian, passenger, or driver.
- Check if there are available witnesses and have their names and contact information.
- Take pictures of the accident if necessary. Whether the injury occurred in a public place or at work, take pictures of the environment after the accident and be sure to photograph any visible injuries.
Compile all evidence and keep it safely stored. Have both printed and soft copies for a backup
- Hire A Lawyer And Deal With The Processes Of The Court
When things are not going very well in an out-of-court settlement, then it will be best if you ask for the services of a competent lawyer. Your lawyer can give appropriate legal advice as to what to do in cases like these. They’ll determine whether there’s a need for filing a lawsuit against who’s at fault for the disability.
A lawyer can also help you commence a proper lawsuit. Here are some of the legal processes to consider:
- Initiation – This step if where both parties submit pertaining documents to explain their side. It’ll also determine why the plaintiff decided to file a lawsuit against the defendant.
- A Full Trial – The jury will require you as the plaintiff to prove your cause of action by presenting evidence in court. With the help of your lawyer, you can show the timeline of the accident plus witnesses accounts of the accident to help you win the case. Take note that both parties must present their defense to the jury.
- Final Judgment – Finally, the jury will decide on the case with the available evidence and arguments presented by both parties. If the jury chooses your side, you can win the case and receive compensation for damages from the other party. However, if you lose the case, you can negotiate with your lawyer other remedies to consider plus the right to appeal to the court.
Conclusion
In sum, being disabled due to the wrongdoing of someone else can be unjust and devastating. It can cause you and your family physical and emotional anguish, and recovery can take many years.
The laws of the United States has established that victims of personal injuries must not lose hope because there are remedies available that you can pursue.
Thus, you just need to learn more, compose yourself, and fight for your rights. Talk with the right people and hire the services of a competent lawyer like the one here to hopefully win your case and make someone pay for their fault.
Andrew Nickleson
Andrew is a passionate writer, writing about disabilities and the law. He has written about many subjects aimed to help those who have questions unanswered. In his spare time he enjoys working on volunteering for those less fortunate.
