Accidents that cause injury happen all the time. However, it does not take away from the grief one may endure when they are involved in one. You may have a lot of basic questions regarding a personal injury claim after an accident. These are best suited for a personal injury attorney.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal dispute that stems from an injury a person sustains that another party may be held legally liable. In a personal injury lawsuit, the person filing usually seeks compensation to cover medical expenses for both present and the future, as well as pain and suffering.
A personal injury lawsuit is filed by a personal injury lawyer in a civil court proceeding. During the court proceeding, both sides seek a judgement to determine who is legally responsible. However, more often, cases are settled through informal settlement before a lawsuit is filed.
Here’s the two most probable outcomes of a personal injury case is a formal lawsuit or an informal, out of court, settlement.
A formal lawsuit typically begins when a person files a civil complaint against another party. The other party could be a person, a business or even a government entity. In the complaint, they allege that the other party’s negligence caused the suing party harm and are responsible. This can also be referred to as filing a lawsuit.
An out of court settlement is how most personal injury cases are resolved. An early settlement is typically reached when a person is directly engaged in the case, their insurance, and attorneys for both parties. A settlement is typically reached via discussions from both parties, followed by a formal agreement that includes an agreed upon amount.
Statute of Limitations
In any personal injury dispute, there is a limited amount of time to formally file a lawsuit. This is called a statute of limitations. This time usually begins when the person is harmed or first discovers the injury. Within this time period, one must begin their lawsuit or risk running out of time. While you can attempt to handle a lawsuit on your own, it is recommended that you retain the services of a personal injury attorney you trust. Once you file your lawsuit, there is no deadline to present your case.
One thing you should research is the length of the statute of limitations in your state. State statutes of limitations can vary widely depending on the kind of harm. Each state can differ, so do you research. You don’t want your time period to pass.
Laws for Personal Injury Cases
Some fields of law are bound by statutes, including penal codes for criminal cases, but personal injury cases follow law mostly from court judgements and treatises published by legal academics. There are many states that have made efforts to evolve personal injury with written laws. However, court judgments remain the primary source of law in any legal matter involving an accident or injury.
Hire A Personal Injury Attorney To File Your Lawsuit
Knowledge in personal injury law and facts are the main elements of any related lawsuit. While you may not be an expert in this field, you can always hire a personal injury attorney to guide you. Always consult an expert attorney, because you may be entitled to compensation and they can give you the best advice.
