You might wonder what to expect in a typical personally injured case, including how long it takes if you were wounded in a type of accident that seems like it was someone else’s responsibility.
Learn about each stage of a personal injury lawsuit by reading this article.
Get Medical Treatment:
After an accident or injury, the first thing someone should do is seek medical help right away. If you’ve been hurt in any way, go to the hospital or see a doctor. Make an appointment to get your injuries treated and recorded. An opposing attorney may claim that your injuries may not warrant compensation if you do not seek treatment after being wounded or injured.
If you believe you have been injured as a result of someone else’s carelessness or failure to offer reasonable safety accommodations, you should contact a personal injury attorney. Your damage may entitle you to compensation as a consequence. To find out, you’ll need the help of a qualified personal injury lawyer. They know their stuff and will assist you in building your personal injury case.
If you hire an attorney, they should do a thorough and impartial investigation into your personal injury claim, including reviewing police reports, pictures, witness testimony, medical records and bills, your job history and earning ability, and more. Your lawyer may also call accident witnesses to gather statements.
Issue Demand and Negotiate:
Many lesser claims for personal injury are resolved before the filing of a lawsuit. If the lawyer believes the matter can be resolved, they will make a demand on the opposing attorney or the other party’s insurance company. The opposing party, whether an individual, or a corporation, or an insurance company, usually will evaluate the letter. In most cases, the opposing party will either reject the demand, or make a counteroffer, or accept it in response to the letter.
File Personal Injury Lawsuit:
When you and your lawyer file a personal injury lawsuit in court, the litigation process begins.
During the discovery process, each party analyses the legal claims and defenses of the other. They send each other interrogatories and document requests, and they depose all necessary parties and witnesses, starting with the plaintiff and defendant. This procedure might take anything from six months to a year.
A judge or mediator will meet down with you and the defense party just before you enter the courtroom to settle your personal injury lawsuit. This is your last chance to reach an agreement before going to court.
The closer attorneys go to trial, the more likely both sides will be willing to make concessions. The settlement allows everyone to feel validated while avoiding total loss.
If you and your lawyer are unable to find a settlement to your satisfaction, your personal injury case is brought to trial. While it may take time for the steps to proceed to a test, the trial itself is as brief as a day or a week. The outcome of your trial is final.
If you are looking to hire a personal injury lawyer, connect with the best lawyers at Autrey Law Firm.
The laws coined on personal injury allow a person to receive compensation if others harm them. Multiple situations might lead to individual injury cases. But every injury is not termed as a liability. Some common causes can be called personal injury.
Cases of car accidents
Car accidents mostly lead to personal injury cases in the United States of America. When an accident occurs, it is caused due to breaking the rules of the road or someone roughly driving the car. A driver who drives the vehicle carelessly can be charged under personal injury law and held financially. Although, there are quite some exceptions in the US where the drivers need to collect the insurance from their insurers except in fatal injury cases.
Fall and slip cases
Slip and fall is another typical personal injury case. The property owners should keep their property free from hazards to be safe for the people living inside it. All the injuries or fall cases that occur inside the property will be coined as personal injury cases. The exact cause of the issue and the landowner’s legal duty depends on the kind of situation. It also depends on the law designed for the particular place or state where the liability occurs.
In maximum cases, the dog owners are financially responsible for any liabilities caused due to dog bites. However, the same law of the owners differs from state to state. But in some places, the dog owners are highly responsible for any dog bite even if the dog did not intend to bite in the past. Therefore, dog bites are a significant cause of personal injury problems.
Slander or Libel
Defamation in the form of slander or libel means disrespecting a person and injuring a person’s reputation due to untrue sentences. The exact cause of defamation is brought under the law depending on the person’s statements and where the announcement was made. An average person needs to prove that a vague negative comment was made and that the financial losses came from it. Celebrities, on the other hand, need to confirm that the untrue statement was spoken intentionally.
Battery, Assault and Other Intentional Tortures
Unlike the other different types of personal injury claims, intentional tortures do not depend on the carelessness or negligence of a person. It comes under personal injury law if the harm is caused by the person intentionally. It can also fall under the added feature of the criminal case of the perpetrator. Assault cases also fall under the clause of personal injury.
Personal injury cases generally tend to get delayed in settlement due to the following reasons:
- Factual and legal issues are creeping into the cause.
- The case involves a considerable sum of money.
- In case you did not reach the medical requirements.
A personal injury case can be settled quickly, but it happens only when a minimal amount of money is involved. The primary consideration is how fast you accept the issue and give it up to the court.
Personal injury that results from an accident can cause physical and emotional trauma besides financial losses. Personal injury lawsuits are filed to claim compensation for these aspects.
Here’s a list of common causes of personal injury:
An individual may suffer an injury due to the negligence or irresponsible act of another person. For instance, a car accident may be caused due to the irresponsible behavior of the driver. When an accident results due to the negligence of another, a personal injury lawsuit may be filed to claim compensation.
Slip and Fall:
Public places are supposed to be maintained such that they do not pose any kind of risk to people who visit them. However, if individual slips and falls and suffers an injury, he can file a personal injury case against the owners of the place to claim compensation.
Sometimes an injury may be caused because of an action that was intended to injure. In such cases also, you can file a personal injury case to claim compensation.
If an injury or a health condition is caused to the negligence of a doctor, it is considered medical malpractice. The patient can claim compensation from the doctor for such injuries.
A patient can also claim compensation if his illness is diagnosed incorrectly by a doctor. This is known as “misdiagnosis” and the doctor who misdiagnoses can face a personal injury lawsuit.
If you are bitten by someone else’s dog, you have a right to file a personal injury case to claim compensation from the owner of the dog.
If a private home or a public place has unsafe conditions that can harm visitors, the owner of the place can face a personal injury lawsuit if someone gets injured due to unsafe conditions.
A product liability lawsuit may be filed against the manufacturer of defective products.
These are some common reasons why an individual can file a personal injury lawsuit.
In a personal injury lawsuit, 4 things need to be established:
- The type of injury
- Cause for the injury
- The extent of the injury
- The impact of the injury in terms of medical expenses, loss of job, etc.
Establishing the reason for the injury is important because it helps decide against whom the compensation claim must be filed.
A personal injury lawyer investigates the cause of the accident. He establishes who the individual/enterprise case must be filed against. He collects the supporting evidence and witnesses to represent his client. A personal injury lawyer estimates the extent of the injury and the financial and other losses his client suffers. He also identifies who exactly is responsible for the injury and files the lawsuit against the person/party responsible for the injury.
Many times the injured individual may decide not to hire an attorney and file the case himself. Proving the other party responsible for the injury and claiming the right amount as compensation can prove to be quite difficult. Hence, the person should hire a personal injury lawyer to represent him.
Autrey Law Firm is one of the best law firms in North Dakota that has experienced personal injury lawyers who can represent clients for any type of personal injury they may face.
If you have been in a situation where you have faced personal injury, like for example, an accident, you may want to consider hiring a personal injury lawyer. They can help by representing you in a court of law, and securing some kind of compensation for the injuries that you have faced. But before you go into that, you have to choose a lawyer to hire.
Here are some things you should consider when you hire a personal injury lawyer:
Do you have a case that can be tried under personal injury law?
Lawyers can be quite costly, even for just a consultation. You may want to look over your case and talk to friends and family to examine the circumstances before you choose to consult with a lawyer. For example, if a bicyclist hits you on a busy street while you are walking and you only sustain a very minor bruise, then your case is probably not strong enough to hold up in court. But, if someone hits you with a car leading to several broken bones, then you may have a case. If you have looked through your situation and still feel that you need a lawyer, then visit an office that practices this type of law.
Does the lawyer you want to hire have adequate qualifications and experience?
Not all lawyers have the same amount of experience or qualifications. It’s a good idea to look at how many cases a personal injury lawyer has dealt with, and what kinds of cases these are. Remember that there are different kinds of laws that will apply to you based on your situation, which means that you should look for a lawyer who has represented similar interests before. Someone who has been practicing personal injury law for a long time is a good candidate to hire. Referrals are a great way to find a good lawyer; ask your friends and family if they know of any personal injury lawyers that you can look at.
Does the lawyer you want to hire have a good success rate?
Now the lawyer you want to hire may have lots of experience and may have fought many cases in court. But how much does that experience count for if they have lost all their cases, or have only won a very small number? It would be a wise decision to hire someone who has won most of the cases they have handled.
Do you have the budget to hire your lawyer?
Probably one of the most crucial things is whether you have the budget to hire your lawyer. Top-notch lawyers are the most expensive, but your case may not be big enough to need their services. Personal injury lawyer services can be expensive, but a bit of research can help you find a lawyer with enough experience to take on your case and who is also affordable.
To put the process of hiring a personal injury lawyer very simply, it requires- asking for references, reading reviews, doing a bit of research- and you will be able to find a lawyer who is the perfect fit for your case!
A personal injury case is a legal dispute that arises when you suffer a loss or get hurt owing to the negligence of another person. Generally, serious matters involve huge compensations but even with minor injuries, you can seek settlement for medical expenses and lost wages. A personal injury lawyer can help you in this respect by filing a lawsuit against the defaulter. But how does he begin with the process? Well, gathering evidence is the crucial step for the same.
What Kinds of Evidence are Required for a Personal Injury Case?
Evidence that can be seen visually seen or observed by the jury is known as physical evidence. The most common examples of physical evidence are property damage and physical injuries. Clicking pictures of the accident is the best way to present the evidence before the courtroom. Physical evidence forms an important part of the legal proceedings, thereby should be presented as early as possible.
When factual information or testimony is presented to the jury, it refers to non-physical evidence. Most of the time, it becomes difficult to present physical evidence, that is why non-physical evidence is common these days. Be it medical bills, police reports, depositions, or medical reports, non-physical evidence can be presented in any of the forms. The testimonies are presented by the witnesses (both normal and expert). The injury attorney retains expert witnesses to express their opinion regarding the case. Normal witnesses tend to confirm what happened at the scene of the incident.
What is the Way for Collecting Evidence for a Personal injury Case?
The victim needs to provide maximum information and evidence to the chosen injury attorney regarding the case. The best way to gather evidence is by clicking pictures at the scene of the incident. Providing police reports and medical bills can also prove to be beneficial as evidence for the case.
Hire an Experienced Personal Injury Attorney
Seeking the help of an experienced personal injury attorney is the best option if you want to escape the stress involved in a serious case. He will discuss your legal rights and will strive hard to attain justice for you. An experienced attorney will help you gain complete compensation for your case. If you are involved in an accident case, a personal injury attorney will help you make the best possible settlement. He will delve deeper into the facts to present the truth before the court. If you want to hire the services of a personal injury attorney in North Dakota then end your search right away because Autrey Law Firm got you covered. We have a pool of experienced and knowledgeable lawyers who will gather all the necessary details and evidence related to your case. They will help you seek fair compensation for your case so that you can remain stress-free. So, what are you waiting for? Call at 701-772-2255 for a free consultation.
Just imagine you have been hurt in a car accident without you being at fault! What will you do next? How will you pay your medical expenses? How will you deal with insurance companies? How will you seek compensation for the loss? Well, the solution is hiring a personal injury attorney! A personal injury attorney provides assistance and representation in cases such as car accidents, construction accidents, slip and falls, and a lot more. He will seek justice for you if you suffer owing to the negligence of another person! But how can he help you?
Let’s take a look:
Be it a car accident, liability case, or a slip and fall case, a personal injury attorney will leave no stone unturned in finding out the evidence related to the case. He may have to hire investigators or collect medical records; he will dig out deep to find out the hidden traces of the case to get the true picture of the incident.
Handling Insurance Cases
Personal injury attorneys play a crucial role in dealing with insurance companies. Whether you need to interact or negotiate with insurance companies, personal injury attorneys can help you in every aspect. They will go through the communication with the insurance companies to save you from all the hassles. A personal injury attorney will work towards your best interest while dealing with insurance companies.
Prepare and File Claims
A personal injury lawyer is responsible for filing complaints in the court on your behalf. He handles several pleadings and documents on your behalf so that you can have a seamless process.
Prepares the Client for Deposition
Well, a personal injury attorney will prepare and represent you at the time of deposition in the court. But the question arises what exactly is a deposition? When you give ‘sworn’ evidence, it is known as a deposition. During this process, the plaintiff and the defendant appear at a reporting office which has a generally less formal environment than a court. Both the parties are required to present the sworn evidence, facts, and figures related to the case during the deposition before the final trial. An attorney plays a major role during this process.
Represents the Clients at the Trial
If your case doesn’t get resolved during the litigation or at mediation, then you need to represent at the jury. A personal injury attorney can come to your rescue in this case! He will use his expertise and knowledge to represent you before the jury. He will help you become comfortable in the court setting so that you do not face any problem. He will easily convey your message before the jury on your behalf.
Want to hire a personal injury lawyer in North Dakota? Get in touch with Autrey Law Firm. We have licensed lawyers who can help you in dealing with a wide array of personal injury cases. Our team will gather accurate information and rightfully handle the documentation so that you can remain at ease.
No one likes being involved in a lawsuit, especially if it involves a court trial. However, many a time, we find ourselves facing circumstances where either we are being sued or we need to sue someone.
Personal Injury cases are typical examples where the individual who is injured needs protection of rights, and receive the compensation that he deserves.
Often the victims in a personal injury case are unaware of their rights and do not fight for them.
Here’s a look at the type of injuries that can be categorized as personal injuries for which the victim is eligible for compensation:
If you are injured in a vehicle accident due to the fault of someone else, you have a right to claim monetary compensation. The accident may be caused due to the irresponsible behavior of another driver, a passenger, or even a pedestrian, etc. Whoever is responsible for causing the accident is liable to pay the injured individual.
A death is identified as a “wrongful death” when it occurs due to the careless behavior of another person. Some examples are deaths due to car/truck crashes, medical malpractice, workplace accidents, and many more.
In case of wrongful death, the party responsible for the death is liable to provide compensation to the family of the deceased.
Slip and Fall Cases:
An individual can file a personal injury case if he experiences an injury due to a fall on a property that is ill-maintained.
A slip and fall victim can sue if he falls due to conditions like torn carpeting, flooring changes, low lighting, etc.
One can also claim compensation if he suffers slip and fall accident if he trips on a broken sidewalk, or falls on a flight of stairs.
You have a right to file for a personal injury case if you slip and fall because of rain, snow, ice, or hidden hazards such as potholes.
Accidents at Workplace:
Personal injury cases that occur at the workplace could be due to slip and fall, hazardous workplace conditions or accidents caused due to hazardous material being used, etc.
The injured person can claim a worker’s compensation claim from the organization. The compensation can include expenses towards medical treatment, lost wages, or a lumpsum payment.
If a product you purchased malfunctions and causes an injury to you, you can claim compensation from the manufacturer.
An injury caused due to negligence by a doctor is considered medical malpractice. The patient has the legal right to claim compensation from the doctor.
An individual can file a defamation case against someone who tarnishes his/her reputation. A defamation lawsuit qualifies as a personal injury case because it causes personal harm to the individual.
In addition to these, there are several other instances of personal injury where the injured person can file a personal injury lawsuit and claim compensation. Only a personal injury lawyer can guide and represent you in matters of personal injury.
Autrey Law Firm has the best personal injury lawyers who ensure that the plaintiff they are representing gets adequate compensation.
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.
Suffering a physical injury due to the callousness of another can throw your life off-track for more reasons than one. When you are injured, you experience mental and emotional trauma. And, you also need to ensure that you get compensated adequately. This is where a personal injury lawyer steps in to take care of the legal aspects in such matters.
Personal injury law specializes in cases involving civic or private wrongs or injuries, monetary or nonmonetary damages. The injury caused may be physical or psychological. Also, cases such as breach of contract to an individual’s reputation, rights, or property and acts of bad faith come in the purview of personal injury cases.
A personal injury may be an injury caused due to animal bites, auto accidents, brain injuries, medical malpractice, accidents at a construction site, defective products, and many more.
In most cases, a personal injury lawyer pleads the case of the plaintiff to ensure that he is adequately compensated.
In personal injury cases, compensation may be claimed when a plaintiff:
- Is incapacitated to earn.
- Is unable to perform his normal duties because of the injury.
- There is pain or suffering caused due to the injury.
- There is the loss of companionship due to the injury.
- If he suffers emotional trauma.
Besides these, the party responsible for the injury is also required to cover the legal expenses incurred by the plaintiff including the fees of the attorneys.
Personal injury lawyers also protect the interest of the plaintiff in case they are victimized by insurance companies or the legal system.
To practice as a personal injury lawyer, the individual is required to pass a bar exam and a written ethics exam. Once the lawyer is admitted to the bar, he needs to ensure that he keeps himself updated in his field by taking up legal education courses.
The responsibilities of a personal injury lawyer include, but are not limited to:
- Offering legal advice to plaintiffs of personal injury.
- Filing complaints on behalf of the plaintiffs in the court of law.
- Arguing cases for the plaintiff.
- Legal documentation.
A personal injury lawyer covers the case for the plaintiff from the stage of inception to appeal. They assess the case on its merit. The lawyer then researches laws relevant to the case, gather evidence to support their plea. The preparation for the case also includes drafting pleadings, motions, etc. The lawyer also interviews and deposes witnesses to support the case.
The lawyer may try for an out of court settlement with the adversary. However, if the outcome is not favorable the case is tried in court. Before the court trial, the lawyer prepare their clients for the trial. They counsel their clients and prepare them for the cross-examination they are likely to face in court.
It is important to choose a personal injury lawyer who is licensed and experienced. You should also look for a compassionate lawyer who works ethically, and within the purview of the law.
Autrey law firm has the best personal injury attorneys in North Dakota and Minnesota areas.
While lawyers generally appear on the worst days of your lives as a result of some dispute or problem or the other, when it comes to dealing with a personal injury lawyer Grand Forks, the experience can be as traumatic as it is baffling. After all, you are just recovering from the after-effects of an accident and you have to deal with legal proceedings and complicated paperwork that shows no sign of ending. However, this is also exactly the reason why you need a personal injury attorney who is capable enough to help you deal with matters related to your injury.
What does a personal injury lawyer do?
In case of an accident, an attorney’s personal injury in Grand Fork represents you on a legal platform. They help you recover financial compensation in cases when you have sustained injuries. These funds are a necessity when you have to pay for medical treatment and suffering or pain. It also makes up for lost wages when you need time to recover and recuperate from the injury.
The kind of personal injury cases addressed
An attorney for personal injury in Grand Forks attends to all careless and neglectful acts of others. This encompasses:
- Truck, automotive and motorcycle accidents
- In certain cases, additional types of accidents such as bike, aviation, mass transportation, pedestrian and boating accidents are taken care of
- Cases that involve nursing home neglect and abuse
- Issues with premises liability such as slip and fall mishaps, ill-equipped security
- Animal attacks and bites
- Medical malpractices
- Constructions disasters
Some clients choose to settle out of court. While this saves you stress and unnecessary expenses, it is the duty of your personal injury lawyer in Grand Forks to bring you the best possible settlement as quickly as possible.
The duties of a personal injury lawyer
Your attorney personal injury Grand Fork will offer the following services to you:
- Offers appropriate advice: By making legal jargon simpler to understand. While they guide you through the paperwork maze, they offer objective opinions so you make an informed decision.
- Explains your rights to you: by letting you know the manner in which accident and legal problems impact your rights. They make you aware of the different laws of different states, the statutes of limitations and the effects of comparative negligence.
- Represents you in court: In case the insurance company denies the claim. They help you through litigation by helping you trough systematic procedures and proper evidence.
Other than this, they also help get in touch with medical providers, perform a thorough investigation and help you understand the extent of damages impeccably.
Get in touch with a good and experienced attorney for personal injury in Grand Forks and you are sure to move through this trying time with a reliable and dedicated professional supporting and backing you.