Filing a Lawsuit for a Catastrophic Injury

Posted by: Sep 09, 2019Articles & Advice

Filing a Lawsuit for a Catastrophic Injury

Catastrophic injuries like amputations, brain injuries, and spinal cord damage can completely change a person’s life.

Whereas a client was able to take care of himself and live independently, suddenly he needs much more help to accomplish the basic duties of everyday life.

If you have suffered a catastrophic injury, you might qualify to receive compensation. Filing a lawsuit is a necessary first step in the process. Reach out to a New Hampshire or Vermont personal injury attorney at Sabbeth Law for a free consultation to review your case.

Necessary Pre-Filing Steps

Before filing paperwork in court, you should perform the following with an attorney:

  • Review the accident that caused your catastrophic injury. You might have been injured in a truck accident, car accident, or accident at work. Make sure you understand how the accident unfolded, which can help you determine fault.
  • Identify who to hold legally responsible. If a truck driver carelessly rammed into you, you can typically sue the truck driver and his employer. If you were injured on the job, you might not be able to sue your employer but could sue a negligent third party, like a vendor, customer, or manufacturer of a defective item.
  • Gather evidence of the accident, including eyewitness statements and medical records. This evidence is vital to bringing a successful lawsuit.

Armed with this evidence, your lawyer will know who to sue and which court to bring your case in. Sabbath law handles major cases in superior and federal courts.  

In these types of cases, Sabbeth Law brings in the best experts from throughout the United States and will co-counsel in appropriate cases to ensure our clients get the best possible representation.  

Complete a Complaint

You commence a lawsuit by filing a complaint in court. In this document, you identify basic facts about how you were injured. You also make a request for compensation. After filing, you should send a copy to the person or business you are suing, who is the defendant. The defendant has a chance to respond within a certain amount of time.

Both New Hampshire and Vermont have detailed rules for serving legal documents, and you must follow them. If you hire a personal injury lawyer, then he or she can handle all these tasks for you.

Following Timelines

Both Vermont and New Hampshire have statutes of limitations, which limit the amount of time a victim has to file a lawsuit in court. If you file after this time limit, then a judge will dismiss the case. In a personal injury context, you have the following amount of time:

  • Vermont: You have 3 years to file a lawsuit for injuries, but only 2 years to file a lawsuit for wrongful death
  • New Hampshire: You have 3 years from the date of the accident to file suit.

It is vital that you do not go past these deadlines. You can lose out on valuable compensation if you do not file in a timely manner.

Negotiating a Settlement

The vast majority of personal injury lawsuits in the United States settle. You can negotiate and settle a dispute at any time, including while a lawsuit is progressing. Still, a case must be properly built to maximize the settlement.  Sometimes we will include life care plans, animations, video, and any other number of pieces of evidence to maximize the value of your claim for settlement negotiations. 

Not only does that put us in the best possible position to get full and fair justice for our clients, but it also puts us ahead of the game if settlement negotiations breakdown and we are forced to litigate our clients’ cases. In our experience, settlement has many advantages if done correctly.  Otherwise, it is highly unlikely to yield full and fair value.  

Contact Sabbeth Law Today

Contact Sabbeth Law to schedule a free consultation. We are an established personal injury law firm serving New Hampshire and Vermont with many satisfied clients. We have obtained millions for our injured clients and seek to represent you as well.