Contrary to what many people believe, not every accident is eligible for a personal injury lawsuit. In fact, there are many times when the accident is just that – an accident. This is just one of the instances which may make you ineligible for filing a case against another party. Here is some information from your injury attorney Atlanta professional about filing a lawsuit against someone for negligence or fault.
Talk to Your Personal Injury Attorney
It’s possible to file a lawsuit without a personal injury attorney working on your side. But before you take that step, you should always consult with one. They will listen to the details of your case and help you determine if your situation is even worth fighting. If you do have a case, it’s always best to hand it over to a professional who knows how to navigate the court system rather than trying to handle it yourself.
File on Time
If you have a personal injury lawsuit that is worth taking to court, it’s important to file the proper paperwork on time. The statute of limitations is different depending on the state in which you live. For instance, some states only allow you 30 days before you become ineligible for filing a personal injury lawsuit. Other states allow two years or more before you are deemed ineligible to file a lawsuit. But if you want your case to be credible, you should file it as soon as possible following the incident. You don’t want to risk having your case thrown out just because you didn’t file the proper paperwork on time.
Valid Claim and Legal Standing
These two terms go hand in hand when it comes to filing a personal injury lawsuit. A valid claim means that you have a case that can be settled by using the legal process. It must be a reasonable complaint with clear fault defined. You can’t file a lawsuit against another party for indirect fault. There has to be clear and undeniable negligence in order for your lawsuit to be eligible. Also, you must have had an injury as a result of the other person’s negligence. You can’t file a lawsuit against a party if you almost fell or if their dog almost bit you. Your personal injury attorney Van Nuys professional can help you determine if your case is eligible for a lawsuit or if the judge would throw your case out before it even got to the trial stage.
