Your first priority should be receiving all of the medical treatment that is reasonable and necessary to cure and relieve you of your injuries. Your health is the most important thing you can lose. It is important to not wait to receive medical attention for your injuries. Your condition may worsen if you do not seek medical attention.
The following list is not exhaustive but is something you should be aware of if you are thinking of pursuing a personal injury cause of action. We suggest you also review our steps to Consider for a personal injury lawsuit:
- Report the incident immediately to the police. You should always report the incident to the police and have the police investigate and issue a report. Be sure to personally get the complete contact information of any witnesses, defendants, and passengers. Do not depend on someone else to get it at the scene of the incident;
- Seek medical treatment immediately to attempt to cure and relieve your symptoms from the injury;
- Keep a journal and calendar of events. Write down who, what, when, where things happen in relation to your injury including medical appointments and doctors’ information. Be sure to keep notes as to your symptoms and how the injury has affected your daily life;
- Do not give a recorded statement to the insurance company;
- Keep track of all of your damages, bills, and lost wages;
- Preserve the evidence.
Do Not Wait – If you wait too long to file suit for your injury then you may be in worse pain and may receive nothing. The time limit to file a lawsuit for a personal injury claim in Missouri is generally five years from the date of the incident causing the harm. The time limit is called the statute of limitations. For Missouri medical malpractice, it’s generally two years. There are exceptions for minors and mentally impaired individuals. Even if you have an excellent case, you will receive nothing if you file too late. The statute of limitations on your case may be more or less then the above stated. In order to be sure what limitation applies to your case, contact an attorney at our office.
If you would like to learn more about personal injury law, the attorneys at Edelman Law Office can help. Call us today at 314-631-6777 to speak with a injury lawyer.
Know Your Rights When It Comes to Personal Injury Law
Every year there are new cases that interpret the law. The Legislature can also pass statutes that can alter the law. You want an attorney who stays up to date in personal injury in the specific state you are seeking relief. Many insurance adjusters receive updates in the law and receive training on legal changes and ways to minimize their exposure to liability. Lawyers and professionals have dedicated their careers to personal injury law.
Personal Injury Example:
No two personal injury cases are the same. However, the following is provided only as an example. To prove negligence one must show the following:
- Duty: The defendant owed a duty to the plaintiff. (i.e. In a car crash, the defendant who runs a stop sign thereby hitting your car has a duty to use a degree of care that a very careful person would use under the same or similar circumstances);
- Breach: The defendant breached that duty. (i.e. Using the same example, the defendant breached the duty by running the stop sign. A very careful person would have stopped to make sure the intersection was clear before proceeding. The defendant would also be per se negligent for violating the stop sign law);
- Causation: The defendant’s breach of that duty was the proximate cause of the harm.; and
- Damages: The plaintiff must prove he/she was thereby damaged. (i.e. Pain and suffering, loss of earning potential/wages, medical bills, etc.)
There is No Such Thing as an Accident in Personal Injury
Accidents are things that unexpectedly happen through the fault of no one. Accidents and personal injury law are not the same. Personal injury requires fault. Just because a person does not mean to cause a car wreck does not make it an accident. There is always a reason behind an injury.
Contact a Personal Injury Attorney in Missouri and Illinois
You need an attorney with experience in personal injury law who can answer your questions.
Call us at 314-631-6777 to speak with an injury lawyer.