Injured? Hire a Personal Injury Lawyer To File Suit
Were you hurt due to another’s negligence? If so, it may have far-reaching consequences such as loss of income or extensive medical treatment. Personal injury law allows an injured party to recover damages if the responsible person acted recklessly. A personal injury attorney can help navigate the lawsuit to ensure receipt of all entitled compensation.
What Is Personal Injury Law?
Personal injury law relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Should I Hire a Personal Injury Attorney?
Yes. If you want to formally seek compensation for an injury you sustained as the result of someone else’s negligence, then you should hire a personal injury attorney. These attorneys often focus on practicing personal injury law and can navigate the paperwork and processes related to the claim.
What Can Happen With A Personal Injury Lawsuit?
Personal injury lawsuits typically end in three ways. These include:
- Settling Outside of Court – Both parties are encouraged to work out a settlement before litigation. In many cases, initiating a lawsuit triggers the other party to try and settle to avoid a lengthy court proceeding. If the responsible party offers a settlement that the plaintiff agrees with, then the parties sign documentation halting the legal action and resolving the case. If the plaintiff rejects the settlement amount or conditions should the defendant proffer one, the case will proceed to court.
- Court Rules in Favor of Plaintiff – If the court rules in favor of the plaintiff, then a jury or judge decides the financial award or damages awarded. There are multiple factors at work in determining compensation. These include the severity of the injury, the scope of the damage, both physically and mentally, and whether the plaintiff needs continuing medical treatment. Compensation for things like lost wages and paid medical bills are considered.
- Court Rules in Favor of Defendant – If the court rules in favor of the defense, the lawsuit ends. Whether it is dismissed with prejudice or not determines whether further actions can be brought. The plaintiff may have the option to appeal.
Is There Arbitration With Personal Injury Law?
Arbitration is a possible alternative to settling or pursuing a formal lawsuit. Some parties prefer to use arbitration to settle their case and forego a traditional court setting. Either the parties must agree to proceed to arbitration, or a judge must order it.
How Does Arbitration Work?
Arbitration is similar to a regular trial in many ways. Each side makes opening and closing statements, presents evidence and calls witnesses to testify. During the arbitration, discovery and cross-examination is limited. The process utilizes a neutral third-party individual or panel to help the plaintiff and defendant reach a compromise. Arbitration is more expeditious and less costly than litigating a case.
Is There a Statute of Limitations in Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.
We recommend you consult with a personal injury lawyer for this matter. They will be able to tell you the applicable statute of limitations based on the nature of your claim and the state in which you reside. From there, you will know how long you have to file suit in court.
How Do I Know if my Injury Merits a Personal Injury Lawsuit?
While injuries are an unfortunate occurrence, not all injuries will fulfill the parameters required to bring a lawsuit. We recommend consulting with a personal injury lawyer to determine whether or not your particular case qualifies. Personal injury attorneys have the experience to assess your case and talk about your chances of success.
Can I File a Personal Injury Lawsuit Against a Business?
Yes. Businesses have many personal injury lawsuits filed against them. These lawsuits are based on evidence showing that the business was negligent, resulting in the plaintiff’s injury. In order to establish that a negligent action occurred, the plaintiff must prove the following four elements upon which personal injury law is predicated.
- Duty of Care – Businesses owe patrons a certain duty of care that implies they will not come under any harm while at their establishment. There are levels to duty of care. These include whether the patron is an invitee, licensee or trespasser. All three parties could technically file a personal injury lawsuit, though trespassers face the toughest task in terms of winning their case.
- Breach of Duty – The defendant must have done something, through action or inaction that violated the duty of care. A personal injury lawyer that is familiar with the law will be able to establish the facts surrounding the breach of duty portion of your claim.
- Causation – The defendant’s breach of duty must have directly led to the plaintiff’s injury. For example, a plaintiff’s injury happening on the premises is not enough. The incident that led to the injury must be caused by something the defendant did or did not do.
Damages – The final part of establishing a negligent act is proving the plaintiff suffered harm. Medical records and direct testimony by treating physicians and experts can confirm this. For a pain and suffering claim, a plaintiff presents evidence as to the amount of pain the injury caused and the emotional toll it took. For example, expert testimony will accomplish this.
Work With an Experienced Local Lawyer
Pursue a personal injury claim against the responsible person if you are dealing with an injury caused by someone else.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!