When workers are injured in the workplace, workers compensation laws are in effect to protect them. But when a business causes an injury to someone who doesn't work for them, that person will often have to sue the business to compel them to pay damages, such as for their medical expenses and pain and suffering. The following steps will help you if you ever decide that you need to sue a business for the injuries they've caused to you or one of your children.
Step 1. Obtain experienced legal representation as quickly as possible following your injury. If you have no legal experience, you should not be representing yourself in a lawsuit. An experienced personal injury attorney can protect your rights and help you avoid serious mistakes that could damage your case.
Step 2. An important part of filing a lawsuit is that you have to be able to show standing. This means that you have to be qualified to file the lawsuit. Normally, only the injured individual can sue. The only exception to this is if you are the parent of a minor who was injured.
Step 3. Another key part of filing a lawsuit is identifying the liable party. This can actually be fairly complex, which is why having a lawyer is a good idea. For instance, you may be in a traffic accident in a state with no-fault laws. In these instances, your lawyer can file a lawsuit against the insurance company if it fails to settle. In cases where an injury has taken place in a public building or area, the lawsuit can be filed against the party or parties responsible for maintaining the safety of that building or area.
Step 4. The next step is to justify the damages you are claiming. The key to doing this effectively is to keep very careful records of everything that happens in the case, and in particular of any medical records, visits or expenses. In addition to these medical costs, you can also sue for pain and suffering, lost wages and other lost opportunities. However, these latter injuries are much more difficult to prove and get awards for.
Step 5. The best way to handle any lawsuit is to have your lawyer settle out of court. This is because all the things that have to be done to prepare a court case and present it in a courtroom are going to cost you a lot of money. Even if you get a sizable award in a courtroom, a great deal of it may have to be paid to the lawyer to cover the various expenses (such as hiring expert witnesses) he or she incurred during the case.
For more details on filing against a business, get in touch with a local attorney, like Joseph L Attorney Lucchesi .