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Personal Injury FAQ

What must a plaintiff prove to recover for an assault or battery?

If a dog bites a person, is the owner liable for doctor's bills?

What does a person have to prove to win a slander or libel claim?

Does the average member of the public have any privacy rights?

Can a person recover damages for injuries sustained on someone else's property?

Is an owner of property liable for using deadly force to defend their property?

What remedies does a railroad worker, who is injured while working, have?

What is a slip and fall action?

Can anyone bring a wrongful death claim?

Learn More: Plaintiff's Personal Injury Law

I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?

I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?

There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation should you want to file an injury claim. Except for filing a formal claim against a government entity, there's no single step that you absolutely must take to obtain a fair settlement, and no set order in which you must proceed. However, the more of the following suggestions you can follow, the more smoothly your claim process is likely to flow.

  • Write down as much as you can about the accident itself, your injuries, and any other losses (such as wages) you've suffered as a result of the accident.

  • Make notes of conversations that you have with people involved in the accident or the injury claim.

  • Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs.

  • Locate people who witnessed the accident and who might be able to help you prove your case, and

  • Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries.

How soon do I need to notify people about my intention to file a claim for my accident injuries?

Unless you're filing a claim against a government agency or employee, you need not notify the people you think are responsible for your injuries within a set number of days after an accident. But that doesn't mean you should drag your feet. On the contrary, acting right away -- within a few days, if possible -- will increase your chances of receiving a quick and fair resolution to your claim.

Giving notice doesn't obligate you to file a claim; it simply preserves your rights and prevents others from later saying that your claim is unfair because you waited too long to tell them about your injuries. If you promptly notify others that you intend to file a claim for your injuries, you can then move at your own pace in processing and negotiating the claim with the insurance company or government agency that winds up taking responsibility.

What is the deadline for filing an accident injury claim against a government entity?

If your accident might have been even partially caused by a government entity or employee -- the city, county, state, or federal government, or any public agency or division (a city bus or a school district, for example) -- you must file a formal claim within a short time after your accident. This period of time usually ranges between 30 days and one year, depending on your state. If you fail to file a claim within the time limit, or fail to include required information in your claim, you may forever lose your right to collect compensation.

To find the time limit for your state, call your city or county attorney's office and ask. Although they may be the ones defending against your claim if you file it, they are under a legal obligation to give you correct filing information. You can also find a complete list of time limits, plus instructions on how to file a government claim, in How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo).

Copyright © 2006 Nolo

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

If you wish to learn more about personal injury law, visit our personal injury information center.

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