A personal injury lawsuit is a legal dispute that arises from harm being caused after an accident or intentional injury. These accidents are usually the responsibility of another individual or an entity as they can be caused under their supervision or due to their negligence. Since someone else is legally responsible for the harm caused to you, you now have a right to claim damages as compensation for the personal injury that you have suffered. It is usually the insurance company of the responsible party that pays the injured’s medical bills and livelihood costs. Payouts are also given for the pain and suffering the injured party has suffered. A personal injury attorney, in this case, will help you with negotiation with these insurance companies, hospital attorneys and in ensuring that you get fair compensation for the harm that you have suffered.
There are two ways to settle a legal dispute arising out of personal injury. The attorney can either represent you at the civil court or settle the matter informally outside of court. The route of approaching a civil court is to ascertain who was legally at fault and whether or not they owe a compensatory amount to the person suffering from the harm. The informal method of “settling “is usually a faster process in which attorneys from both sides negotiate a fair amount to be given as compensation, in exchange for the injured party’s decision to not pursue the dispute in Court.
A person or entity can become responsible for a personal injury if they were negligent, reckless, wanted to intentionally harm, or get covered under the umbrella of “strict liability”.
Personal Injury Disputes can Arise out of:
- Slipping and falling on someone else’s property due to water or ice on the floor
- Construction sites. Workers can get hurt if the managers of such sites do not implement safety measures on the worksite or are negligence towards Labor Laws
- Medical malpractice: there is a certain standard of duty of care attributed to doctors and nurses within the healthcare industry. If such standard is not observed as protocol and someone else ends up getting hurt due to such malpractice, the injured party will be able to sue the professionals for their negligence in providing healthcare services.
- Defamation: if someone injures or harms a person’s reputation injuring them mentally, physically, or financially, either by speaking or writing something untrue about them, the injured party will be able to claim compensation for the harm done, from the slandering party.
For anyone looking to pursue a personal injury case, it is important to note the statute of limitations on such cases. The period within which the injured party has a right to claim damages from the injuring party begins when a person is injured. The limitation on such a period varies from state and state. A suitable personal injury attorney should be contacted at the earliest to sue for any punitive damages for the suffering.
If you are looking for a lawyer to represent you in a personal injury lawsuit, consult the best personal injury lawyers at Autrey Law Firm!
A personal injury lawsuit is filed by the victim of the injury(plaintiff) against the person/entity responsible for the accident. The plaintiff has to prove that the defendant is responsible for the injury caused.
In a personal injury lawsuit, the plaintiff is required to prove that the defendant is responsible for the injury. And, then he claims damages against the defendant for the injury caused.
The plaintiff needs to prove the following elements of negligence:
- Defendant’s duty
- Defendant’s breach of duty
- The actual and proximate cause for the injury
These aspects vary according to the nature of the accident causing the injury.
The types of injuries that are covered in a personal injury lawsuit include brain injury, fractured bones, burn injuries, drowning, electrocution, spinal cord injury, etc.
The personal injury lawyer will get the plaintiff to testify to explain the repercussions due to the injury. The doctor treating the plaintiff and other experts will also be called to the court to discuss the effects of the injury.
The claims made against the defendant will include the current and future medical expenses. In addition, they will include the financial losses suffered due to loss of workdays, in certain cases loss of a job, etc. In certain types of injuries, the individual may take a long time to recoup and get back to normal. The personal injury attorney will need to support these claims with testimony by experts in the field.
In most personal injury lawsuits if the guilt of the plaintiff is proved, the insurers will bargain the amount claimed as damages.
The defendant in the case will first try to prove that he is not responsible for the injury caused. However, if there is strong evidence to prove otherwise, he is bound to pay compensation to the plaintiff.
In this case, the defendant’s attorney will try to minimize the severity of the injury. The lawyer may get experts to challenge the claims made by the plaintiff regarding the injury and try to prove that the impact of the injury is lower than that claimed by the plaintiff.
In certain personal injury lawsuits, the defendant’s lawyer could try to prove that the accident occurred due to the fault of the plaintiff.
The compensation in personal injury cases is paid by the insurance company of the defendant. Insurance companies conduct an independent investigation to assess the claims made by the plaintiff. They may also carry out surveillance on the plaintiff to verify his claims about the extent of injury caused.
A plaintiff can make build a strong case for himself by ensuring that he has all the documentary evidence to support his case. He can send a claim letter to the insurer along with the documents supporting his claim. It is recommended that the plaintiff make a high claim initially because negotiations are unavoidable in most personal injury cases. So, if he stakes a claim for a high amount, he has a margin to negotiate.
Since there are so many intricacies involved in a personal injury lawsuit, the injured individual should hire an experienced personal injury lawyer to represent him.
Autrey Law Firm has a team of lawyers who have expertise in personal injury lawsuits!