There are over 37.9 million visits to the emergency room for injuries.
Personal injury can be debilitating and frustrating. You may have mounting medical bills and be unable to work. If someone’s negligence caused your injuries, you will very likely have a personal injury lawsuit case.
If you have decided to seek the help of a personal injury lawyer and want to know more about personal injury claims, take a look at this vital information.
What Is a Personal Injury Lawsuit?
A personal injury case will arise when you suffer injury or harm from an accident. A personal injury case usually occurs because you have suffered this injury at the hands of someone else.
The insurance company of the one responsible for your injury is often asked to pay you money. This financial compensation is usually for your medical bills, loss of wages, or any pain you may have suffered.
In some cases, a personal injury lawsuit happens because you need help to pay for your ongoing medical bills. Personal injury lawsuits against doctors are possible.
If you feel that your doctor has in some way harmed you due to medical malpractice you can sue them for compensation.
When medical malpractice comes into play, you will likely need to deal with the attorneys at the hospital and an insurance company. If your doctor has a private practice you will have to deal with their personal attorney.
Often personal injury cases can settle outside of court. It is when the dispute goes unsettled, because of the failure of the insurance company to give you a reasonable settlement your lawyer will take the case to court.
How are Personal Injury Cases Filed?
As mentioned before most of these cases are normally settled outside of court. When they are not settled through negotiation they are brought before the civil court.
The purpose of the civil court case is to make someone legally at fault for your injury. When someone becomes legally at fault for your injury they will have no choice but to compensate you.
When your attorney makes a formal complaint in civil court against someone, a business, or a government agency for negligence this action is known as filing a lawsuit.
Filing the lawsuit is the first step. There are also several other steps that your personal injury attorney will have to go through to win your case.
Going to Trial
At the trial, all the evidence that was collected is presented before the court. This means that all your medical reports, witness statements, police report, and any other important details that have been collected about the case will be presented.
Once all the evidence has been examined by the judge they will decide your case. The judge may either decide that you have a valid case and give you a lawsuit settlement or they may side with the other party.
Once a verdict is in your favor you should get compensation. However, if the verdict is rendered against you, you will have the ability to appeal it.
If the verdict went against the defendant they will also have the chance to appeal the case in court.
Statutes of Limitations?
There is often a statute of limitations on personal injury lawsuit cases. This means that you have a limited time in which you can file a lawsuit against the person who injured you.
The statute of limitations also applies to cases of medical malpractice. If your doctor has harmed you in some way, you have a limited amount of time to file a lawsuit against them and get compensation.
The statute of limitations begins when you were injured or when you first discover your injuries. The sooner you can find a lawyer to start working on your case the better it will be for you.
If you don’t try to get compensation within a certain amount of time you may find that you cannot get any compensation for damages at all. When you file a lawsuit you will no longer be subject to the statute of limitations.
This means that you will have an unlimited amount of time to present your case before the court and get the compensation you deserve.
Statutes of limitations by the lawmakers in each state. The statute of limitations on your injuries varies. It depends on the state that you live in and also on the type of personal injury that you have suffered.
In some states, the statute of limitations will be as much as two years. For some cases, it may be as much as five years but for others, it may be as little as one year. It is always a good idea to find all the statutes of limitations in your particular state so that you do not miss your opportunity to get the compensation that you deserve.
Suffering a personal injury can be very devastating. This is especially true if it prevents you from working to earn a living or if it leaves you in severe pain.
Often getting compensation for your injuries is the only way you may be able to afford all the bills that are piling up.
When the negligent person has an insurance company that does not wish to cooperate or has an insurance company that tries to give you less than you deserve, your personal injury lawyer will take the case to court.
If you would like help with a personal injury lawsuit, please do not hesitate to contact us.