How Do I Sue Someone if I've Been Hit?
If you are involved in an accident where you or your vehicle has been struck by someone else, you may be entitled to compensation for such factors as financial loss (both for damage and time off work), medical expenses (if you’re injured) and pain and suffering. However, receiving this compensation is a complex process requiring the help of a personal injury attorney. Your attorney will go over your case with you and help to answer the following questions:
Do you have a case?Is there demonstrable evidence that the other party was at fault and caused you material harm?
Who is responsible to compensate you?Does the other party have insurance to cover the accident? Can you go after the individual for any amount that insurance will not cover? Who are you actually targeting? The insurance company, the individual, or both?
Have all attempts been made to settle out of court?Many times your attorney can negotiate a proper settlement without the need to sue.
What are your chances for winning a lawsuit?Regardless of fault or negligence on the part of the other party, is it worth the cost to prove your case in court? If you and your attorney determine there is a legitimate reason to continue with your case, you’ll need to do the following:
- Assemble all relevant paperwork and evidence. This includes police reports, medical bills, photographs and anything else your attorney recommends.
- Determine your strategy. What are you asking for in compensation, and why? What evidence will you present to prove your case? Your attorney will advise you on these issues.
- Go ahead and get a list of all your witnesses. Also you will need names of friends or family members who would be willing to testify on your behalf at trial.
- File your case in court.