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Personal Injury Lawsuits and Car Crashes: Frequently Asked Questions

You remember it vividly. The screech of the tires on the pavement, the violence of the impact. The quiet afterwards, followed by confusion and fear. You checked your car and your body for injury. You may have gone to the hospital. Looking back, it seems like a nightmare. But now it is time to put your life back together, and you are considering filing a personal injury lawsuit. If this sounds like you, consider the following frequently asked questions and answers.

  • Do I have time to file my claim? This depends on the law of your state. State law prescribes a window within which you must file your civil lawsuit or risk losing your right to file forever. For example, many states require you to file a personal injury lawsuit within two years of the date of the accident. Consult with local attorney to identify any deadlines that may affect your claim.

  • What is my claim worth? The answer to this question depends on the severity of your injury and any other damages you may have such as damages to your vehicle, time missed from work, past medical bills, and future rehabilitative costs. The value of your claim may also be affected if you were also at fault during the accident.

  • How will I prove my claim? You will need to prove that the other driver caused the accident and that you were injured in the accident. You will need to offer your own testimony about the accident and be prepared to talk about your medical bills and treatment.

  • Will I need to go to court? Maybe. Often the fastest and least expensive way to get compensation for your claim is to reach a fair settlement out of court. However, if you do not get a settlement offer that you are willing to accept, you will need to appear before a judge, and potentially jury, to make your case.

  • What if I am also at fault? Depending on the law of your state, if you were also at fault in the accident, your recovery may be limited or even barred completely. Often, a determination of who was at fault will be a question of fact that you will have to argue in court.

  • Do I need an attorney? Although it is not necessary for you to have an attorney to file and pursue a civil lawsuit, it is most likely a very good idea. An attorney in your area specializing in personal injury will be able to provide more details about how the questions above will be answered in your case.

If these questions are helpful, consider calling a qualified auto accident lawyer Memphis, TN residents trust to fully evaluate your claim and offer you specific advice about the law in your state. Remember, you may not technically need an attorney, but having a competent and professional advocate on your side will likely relieve a great deal of burden from your shoulders and may improve the outcome of your claim.

Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for their knowledge about car accidents and lawsuits.

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