Accidents happen every day, at work, school or even while you are just strolling down the sidewalk in Buffalo. Often, they happen because of someone else’s negligence. When you suffer an injury because another individual was careless or reckless, like a distracted driver, you should not have to bear the burden of high medical expenses, lost damages and the repairs to your own vehicle. If the other driver had decided it was more important to text while driving, you would not have a broken arm, whiplash and a strained back.
After an accident caused by a driver that was negligent or reckless, many people choose to file a personal injury so that they can recoup the damages they suffered. If you are considering pursing a personal injury claim, then read further for information about the first steps in a claim.
Once you have received the appropriate medical aid for your injuries, it is time to prepare your case. Gather evidence about the accident. This includes photographs, your resulting medical records and bills, and witness statements. In addition, write down everything you can remember about the accident. Once you have sufficient evidence, it is time to send notice to the person against whom you will be filing the claim.
While there is not specific timeframe within which you must notify the defendant of the claim, it is typically best to take legal action as soon as possible. The longer you delay, the longer it will take to resolve your claim. Once you provide notice to the at-fault party or parties, then you can take your time with the negotiation and settlement process.
Filing a lawsuit
You will have to file your lawsuit within the time limits prescribed by New York’s statute of limitation laws. Your attorney will be able to advise you on the best time to file the suit so that you do so within legal time limits. If the settlement process seems to be dragging on and it seems like the other party is purposely delaying it, take it as a sign that it is time to file a lawsuit. However, keep in mind that if you wait too long and try to file outside the state’s statute of limitations, the court may throw out your case.
If you have suffered injuries due to a car accident with a negligent driver, you may need to file a lawsuit in order to recover all of your damages and expenses. As soon as you have sufficiently recovered from your injuries, it is time to start the process so that you can get the compensation you deserve.