What Happens When You Provide Notification Of A Personal Injury Claim?

27 April 2020
 Categories: Law, Blog

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If you are hurt by another person or other entity, you may have thought about filing a personal injury claim if you are going to be out a lot of money and time due to your injuries. If you plan to file a lawsuit, you should officially notify those you intend to sue. Here are some things you need to do.

Discover Liability

Before you can sue, you have to first make sure you are suing the correct person or entity. This can be one or more people depending on the circumstances of your accident. If you were in a car accident, for instance, the driver of the car who hit you is likely the liable party. However, there may also be other liable parties that you are not aware of. You will need to carefully review the accident report with your attorney to make sure you are suing the correct parties.

Send Notification

Once you know who is liable for your injuries, you next send a notification letter. This is a letter that is sent to those who you intend to sue. The notification names all those who are party to your claim and lays out the details of the accident and how you were injured. This is an informative letter and does not imply guilt. The notification must also include a section that asks the recipients to respond to the letter in writing to ensure it was understood.

Stay on Top of the Timing

As you notify those who you intend to sue for your injuries, you must do so in a timely manner. In some states, you must sue within a certain statute of limitations to receive damages. For this to happen, your notification must happen within a few weeks of the accident at the latest. This will allow you and your attorney enough time to collect and preserve evidence.

One thing to know is that a notification letter is not required to sue the liable party in a personal injury lawsuit. The goal of the notification is to serve as a piece of evidence for your claim. It essentially lists the information that you are building your case on. You and your attorney should create the notification letter together to ensure nothing is missed. The letter also appears more official if written on your attorney's professional letterhead rather than your own. Doing so may increase the odds of you receiving a response.

For more information, contact a personal injury lawyer today.