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!
When you suffer a personal injury because of someone’s recklessness, you are eligible for compensation from the individual responsible for the accident. However, claiming compensation is not easy because the defendant in the case will try different methods to avoid paying it or reducing the amount to be paid.
Some of the ways in which a defendant may try to defend his case are by denying his responsibility for the injury, blaming the plaintiff for the injury claiming that it was his carelessness that caused the injury, etc.
The plaintiff in the case needs evidence and witnesses to support his case so that he can get the required compensation. Hiring a personal injury lawyer offers several benefits in such cases.
Here are some common roadblocks you may face in claiming compensation in a personal injury lawsuit:
Insurance companies that have to pay the compensation usually try to delay the trial of personal injury lawsuits by using different strategies. One of the delaying tactics used commonly is asking the plaintiff for more information to support his case.
Dismissal of Case:
Another popular strategy used by insurance companies in personal injury lawsuits is asking for the dismissal of the case. They generally file several motions to dismiss the case even before the start of the discovery process. Even if the case does not get dismissed, it definitely gets delayed because of repeated requests for dismissal.
Offering Inadequate Settlement:
Insurance companies offer an out-of-court settlement. They try to convince the plaintiff that a court trial will waste their time, or that their case is weak and they will hardly get any compensation, etc. They will make a low offer to the plaintiff and try to convince him that this is the best they can get.
In the case of a court trial, the defendant’s attorney will try to prove that your case is not valid and that the defendant is not responsible for the injury in any way. They will question the claim you make and try to dilute your case with their defense.
The best way to overcome these roadblocks is to hire a personal injury lawyer who is well-experienced in representing clients in similar types of personal injury cases.
This is because personal injury lawyers can:
- Estimate the exact amount to be claimed
- Their experience in the field helps them understand the nuances of such cases
- They are aware of all the documentation and evidence required to support their case
- They are well-versed with the approach of insurance companies and know the best course of action
- Personal injury lawyers are experienced negotiators and can negotiate with the opposing attorney or insurance company to get you the best compensation
- They have the expertise in courtroom trials and provide you the best representation in the courtroom
Autrey Law Firm has the best personal injury lawyers who are well-experienced in representing clients in different types of personal injury cases. Our lawyers are certified and licensed to represent clients in state, federal, and judicial cases in North Dakota and Minnesota.
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!
A personal injury lawsuit is built on the premise that an injured person deserves to be compen-sated financially after he/she has suffered harm due to the irresponsible conduct of another. The injury may be caused due to the negligence or malicious intent of another individual/s. In either case, the person who suffers the injury is eligible for financial compensation.
What is a Personal Injury lawsuit?
A personal injury claim can be filed by a plaintiff if he or his loved one gets injured due to the fault of another person. The plaintiff filing the lawsuit has legal rights to get compensation on several fronts.
Personal Injury rules are applicable in:
- Accidents such as those caused due to the negligence of others. For example, car accidents, slip, and fall accidents, medical malpractice, etc.
- Intentional acts leading to injury to another person. These may be assault and battery, etc.
- Product liability claims may be filed in cases where someone is adversely affected due to a defective product provided. These could be products such as vehicle components, consumer products, pharmaceutical products, etc.
- Defamation cases also fall under the purview of personal injury lawsuits. These are filed against a defendant who causes harm to another because of his defamatory statements.
The process of a personal injury lawsuit:
- Personal Injury is identified: The defendant harms the plaintiff in some way or the other. The personal injury lawyer of the plaintiff assesses if the defendant has breached any law while caus-ing the injury.
- The plaintiff sues the defendant: The personal injury lawyer sues the defendant for compensation. There is a time limit by which an individual needs to file a personal injury case after the injury has occurred. The duration is specified according to the type of injury by the State of law.
A plaintiff can sue the defendant for compensation towards:
- Medical expenses
- Suffering caused
- Loss of workdays
- Loss of income
In addition to these, there are several other reasons for which compensation can be claimed. These could include paying for the fees of the attorney, etc. The types of claims vary from case to case.
A personal injury case can be filed against an individual, an organization, or the government.
Settlement: The personal injury lawyer takes up the case for settlement. A personal injury law-yer scrutinizes the case and decides the valid claims for a specific case. He then collects relevant supporting information to represent his client. The attorney might attempt an out-of-court settle-ment with the defendant before filing the case in a court of law.
Personal injury cases differ from other types of cases. While all other types of lawsuits are bound by specific rules and statutes, personal injury cases are argued based on previous court decisions and treatises written by legal experts. In other words, personal injury cases are assessed based on precedents.
Autrey law firm is one of the most reliable law firms in North Dakota and Minnesota. We have a team of personal injury lawyers who are committed to the clients and ensure that he/she gets the compensation they deserve in a personal injury lawsuit.