A Guide to 5 Common Questions in Filing a Personal Injury Claim

Personal injuries bring a gamut of unknown stressors into your life and the lives of your loved ones. From physical injuries to emotional distress to financial concerns, your mind races with what is to come. At Zevan Davidson Roman, we understand deciding if you have a personal injury claim may be overwhelming. We compiled 5 common questions to ask before filing a personal injury claim so you can make an informed step forward.

1. When should I hire an attorney? 

Following treatment for your injuries, your first step before filing a personal injury claim is speaking with a personal injury attorney. Personal injury cases encompass a broad variety of situations where someone has been injured due to the negligence of someone else. An attorney will help you piece together the details of your injury and guide you through the claim process. If you wait to hire an attorney, it may prevent you from filing a claim and receiving your rightful compensation.

2. What information should I provide about my injury? 

Before sitting down with one of our attorneys, you will need to be prepared to disclose as much information about your injury as possible. Our attorneys will ask common questions such as:

• What happened at the time of the incident?
• Was a police report filed?
• Did you receive medical treatment?
• What injuries did you sustain – physically, mentally and emotionally?
• Did you have to take time off work because of the injury?

For example, in a slip and fall case, the injured party would need to explain the details of their fall, if any hazards were present, valid medical records and written accounts from witnesses to build a strong case for filing a personal injury claim.

3. How is fault determined in my case? 

Laying out all the details of the incident is an important part of determining your damages and ultimately, who is at fault in your personal injury case. Our attorneys begin compiling evidence as soon as they take on your case to build a letter of complaint and file your personal injury with the court. We will outline your “demand of judgment” for the monetary damages sought and the case against the defendant. Once your case is filed, the court will review the demands and notify the defendant of the pending claim.

As your case takes shape, your attorney will seek to prove the defendant was at fault due to negligence, strict liability or willful misconduct. For example, we settled a case where our client was injured in a serious car accident due to another driver striking them from behind at a high speed. We proved that the speeding driver was negligent for not adhering to traffic laws and causing our client’s lifelong injuries. As a result, our client received $250,000 in compensation for the injuries.

4. When should I file a personal injury claim? 

Filing a personal injury claim requires swift action because many people do not know that the timing to start a case is limited. Each state has a statute of limitations stating how long a person has to file a personal injury claim and seek damages for their injury. In Missouri, there is a 5 year statute of limitations — starting from the date of the injury. As soon as you are injured at no fault of your own, it is important to act and contact an attorney to begin filing a personal injury claim.

5. How long does it take for my case to settle? 

Personal injury cases vary from case to case. While many cases are settled within a year, some may take as long as 2 to 5 years to reach a conclusion if there are complex injuries or situations involved. At every stage of your case, our attorneys will work closely with you to obtain the best possible outcome for your personal injury case.

We Answer Your Questions Every Step of the Way

At Zevan Davidson Roman, we know filing a personal injury claim is a major decision. No matter how many questions you have, our team’s trusted approach to personal injury will bring added personal service and dedication to your case as we fight to hold those responsible for your injuries. When questions arise and you are ready to file a claim, contact our personal injury lawyers to get started.