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The Injury Stage of a Case

Injury: The event that starts a case: A case or claim starts when an injury has occurred. When you are in a car wreck, it is when the wreck happens. Normally the event is over quickly, but it could be a series of events that leads to a case. For example, in some medical malpractice cases, it could take several months of treatment that lead to the injury. In a toxic exposure case, the exposure could be over months, or even years.

All states have a statute of limitation that require a suit to be filed by a certain date, often two years from the date of injury. Thus, determining when your injury occurred is important so you can know what date you have to file suit. Be careful. Some states have one-year statutes, and some have three. In some instances, you may have quite a while to file, but you may have to give a notice to a state agency in just a few months or weeks from the date of injury. You should consult a lawyer to know exactly when you have to proceed.

What should you do if you have been injured: the number one thing to do is go get treatment. Do not worry about having a case until after you have seen the doctors. Your first worry should always by your health. If you're hurt, see a doctor. Once you have started getting medical care, worry about a case.

Things you can do to help your case: besides seeking treatment, you might ask if there is any evidence you need to gather. If you are in a wreck, get names, addresses, and phone numbers of witnesses. If you have been to the emergency room, save the papers, bills and receipts you get. If you have been given things from the person who caused your injury save them. In short, save anything germane. If you were in a wreck, save repair bills and estimates. If people give you business cards, save them. A wise policy is to get a folder or notebook and start putting everything in it.

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Stages of a Case: Injury | Treatment | Investigation | Demand-Negotiations | Lawsuit/Litigation | Mediation | Trial-Appeal

Ray Brooks—Attorney at Law
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