If you are ever in an accident caused by someone else’s mistake, you might have to consider filing a personal injury claim. However, unless you’re in this situation, you likely don’t know much about this section of the law. What is a personal injury lawsuit, and how does it work?
A personal injury lawsuit is a court case that involves an injured person suing the person or company that caused their injury. Personal injury attorneys usually handle these cases. You can learn more about personal injury lawyers or hire one if you are in this unfortunate situation.
Here is a brief guide to personal injury lawsuits and how they work. We’ll include a timeline for those looking to file claims and the essential steps to every personal injury lawsuit, from lawyer consultations to court dates.
What Makes a Personal Injury Lawsuit Valid?
A personal injury lawsuit occurs when someone who was injured in a car accident, work incident, or other accidental injury sues the person who caused the injury. Whether or not the injury was intentionally caused, the injured party has the right to file a claim if they can prove two separate claims about the accident.
The first fact a claimant must prove is that the accident has had lasting impacts on their health, whether physical, mental, or emotional. With the help of medical professionals, insurance agencies, and a lawyer, most claimants can claim this easily. Compensation will primarily help with medical bills.
However, the claimant must also prove that the accident occurred because of some act of negligence on the part of the other party. In the law, negligence is when an accident happens because someone breaks the law, does not follow safety precautions, or is generally careless.
How Do You File a Personal Injury Lawsuit?
To file a personal injury lawsuit, you’ll have to gather all the correct paperwork and evidence that the accident caused you lasting injuries and was caused by negligence. If you can’t prove both of these things, you won’t be able to file a lawsuit.
Once you’ve gathered the documentation, you can file the lawsuit through your local courthouse. The defendant will be informed and can settle out of court or challenge your suit in the courthouse. The whole process can take months to years, depending on whether or not you go to court.
Do you Need a Lawyer for a Personal Injury Lawsuit?
You will likely need to hire a lawyer to file a personal injury lawsuit. It’s extremely helpful to have legal help when you are gathering evidence, dealing with insurance companies, or witnessing in court. Cases without a lawyer are much less likely to succeed in court, and can be much more stressful for the claimant.
Similarly, hiring a lawyer can be quite crucial if someone files a personal injury claim against your business. As a business owner, there are several factors you’ll have to take care of, including the liability and compensation. Most personal injury lawyers offer free consultations, in which they can examine your case and tell you if you are likely to win in court.
Law firms also promise that you won’t pay any lawyer fees until you win the case, putting your mind at ease until you’ve received compensation.
What Kind of Compensation do Personal Injury Lawsuits Get?
Compensation is determined on a case-by-case basis, with a lawyer or judge ultimately deciding how the defendant will pay you. However, in most cases, the judge rules that the victim will get enough to cover their medical expenses.
If the accident has prevented someone from working or caused permanent disabilities, compensation is likely to be higher. However, it depends on the case, the negligence involved, and the lasting damage that was done.
Final Thoughts
A personal injury lawsuit is any lawsuit that involves someone suing another person or company for the injuries they sustained (by accident) at their hand. If you run a business, having certain policies in place compliant with legal requirements is essential to adequately deal with any workplace related injuries.
