Every personal injury case is different, but there are certain common litigation milestones to expect if you decide to file a personal injury lawsuit.
When a plaintiff is injured, they will usually retain the services of a personal injury attorney.
An injury of some type is, of course, at the heart of any viable personal injury lawsuit. No lawsuit will go far without some proof of the plaintiff’s harm, no matter how questionable the defendant’s responsibility or the degree of the plaintiff’s losses may be.
The Process of Filing a Personal Injury Lawsuit
You, the plaintiff, and the at-fault party, the defendant, may proceed to trial if your action is filed in time to comply with the statute of limitations. You or your lawyer will need to do the following to prepare for court:
- Gather data and information that paint a complete picture of the accident.
- Examine the evidence to determine whether the injury event was entirely or partially your fault.
- Calculate the financial cost of your injuries, taking into account both bodily and property damage.
- Assign financial culpability based on the degree of contributory negligence.
If you and your lawyer are unable to reach an agreement with the responsible party prior to trial, you can go to trial and present your case to a judge or jury. That said, you may be able to settle your case without having to go to trial.
Personal injury claims frequently settle before going to trial. This might also happen throughout the insurance claim procedure.
Accepting a settlement offer, though, should be approached with caution. Settlements are frequently final, and you may be required to release the at-fault party from any further liability as part of the agreement. This implies that you may not be able to seek extra compensation if you discover later that your injuries have costs that were not included in your settlement.
It might be tough to determine the real worth of your claim on your own. When you choose an expert personal injury lawyer to represent you, they can accurately analyze your damages and offer evidence of their worth. This proof may enable your lawyer to negotiate on your behalf for a reasonable settlement offer.
Personal Injury Lawsuits Caused by Different Accidents
A variety of accidents may entitle the sufferer to bring a personal injury claim. These might include:
- Accidents involving cars and trucks
- Slip and fall accidents
- Accidents involving negligence
- Accidents in the construction industry
- Malpractice in the medical field
- Abuse in nursing homes
These are just a handful of the types of harm claims that might lead to a lawsuit. You may be able to launch a lawsuit against the responsible person if you were harmed in an accident when you were not at fault.
Although you are permitted to represent yourself in an insurance claim or lawsuit, you may choose to employ a personal injury attorney to handle all legal work, deadlines, and negotiations on your behalf. You may feel certain that your case is being handled appropriately while you spend your energies on recuperating from your injuries if you hire a lawyer you trust.
Damages Recoverable in a Personal Injury Case
The following damages may be recovered in a personal injury claim or lawsuit, depending on the type of your accident and injuries:
- Emergency medical care following an accident
- Medical care, drugs, and rehabilitation are needed now and in the future as a result of the accident
- Wages lost during the period you were unable to work due to your injury
- Earning capacity reduced
- Damage to property
- Suffering and pain
Please keep in mind that this is not a complete list. You may be able to recover compensation for a variety of additional losses, depending on the circumstances. Additionally, if the at-fault person acted in a severely negligent way, you may be entitled to punitive damages. In a wrongful death action, a different set of damages may be offered.
Hiring a Personal Injury Attorney Will Increase Your Chances of Getting Fair Compensation
Having a personal injury attorney on your side will put you in the best possible position to collect the funds you require to compensate for your losses. Taking on an insurance company or filing a lawsuit on your own will almost certainly result in failure.
Fortunately, you don’t have to pay anything out of pocket to hire an attorney. The Morelli Law Firm works on a contingency fee basis, which means we don’t get paid unless and until our clients win their case and receive compensation in the form of a settlement offer or a court judgment. This solution does not need any upfront fees.
When our attorneys are compensated, it is based on a predetermined percentage of the compensation package given to the client. With this payment system in place, our clients may be certain that their attorneys will do everything necessary to get as much money as feasible for them.