What Is A Personal Injury Lawsuit And How Does It Work?

by • October 12, 2021 • The Legal WorldComments (0)209

Every day, people are involved in accidents for a multitude of different reasons, and they often end up hurt as a result. Some injuries are minor and heal quickly while others lead to permanent damage or even death. If you have been injured due to the negligence of another party, you may be eligible for a personal injury lawsuit. But what is it, what does it involve, and how can it help you? This article has been written to answer all those questions and more, so read on.

What Is A Personal Injury Lawsuit?

This is what the injured party will need to file in order to receive compensation for their injuries. The process can be complicated and difficult, especially if you are not familiar with the legal process. People often require the services of an experienced attorney to navigate their way through the court system.

There isn’t a set timeline for how long you will need to wait after filing your claim, but it could take anywhere from three months to two years. There are often unexpected delays and the other party’s insurance company may deliberately wait before they reply to your lawyer’s communications.

How A Lawyer Can Help

You are statistically more likely to win your claim and obtain a higher settlement figure if you appoint a lawyer to be your legal advocate. An experienced attorney will be able to provide sound legal advice and guide you through each part of the process. They will also deal with any other parties involved (including insurance companies) and negotiate a fair legal settlement on your behalf. Should the claim end up in court, the legal professional will be your voice.

Huntsville, Alabama, is a city in Madison County, USA. People who look for a personal injury lawyer in Huntsville, AL, often go online to chat and request free case reviews. They also look for directions, client testimonials, and details of the team before they choose.

The Evidence That Is Compiled

If the Police attended the accident scene, they would later complete a Police Accident Report; this could be used as evidence to support your legal claim against the other person’s insurance company.

Your lawyer would also collect witness statements from anyone who saw the accident. This would be a written (or recorded) account from someone who actually saw what happened, either at the scene of the accident or afterward when you were receiving medical treatment. Your attorney would use this in court to prove how the other party’s negligence caused your injury to occur.

In addition, your medical records would also prove invaluable. You would need to supply details of the diagnosis reports, treatment plans, doctor’s notes, specialist reports, invoices for prescription medication, X-ray and MRI scan results, etc.

What You Claim In Terms Of Compensation

The settlement sum will depend on a number of different factors. They include your medical expenses, lost wages, pain and suffering, emotional distress, lack of enjoyment of life and more.  The severity of your injuries will be central to the claim. If you have sustained a permanent injury, it’s worth checking if there are any government workers’ compensation benefits that may help pay for your expenses and other losses.

There are no set rules regarding how much compensation to seek after filing a personal injury lawsuit because each case is different. For both physical and non-physical injuries, settlement amounts tend to range anywhere from $100,000 all the way up to millions. Your lawyer will wait until the final medical diagnosis has been received before suggesting the most suitable settlement amount. They will use their experience to arrive at the most realistic figure and will have a good idea as to how successful you will be.

The Different Types Of Lawsuits

There are different categories, so it’s always wise to choose a lawyer who has the relevant experience and success. This information will often appear on their website, alongside their legal accreditations and affiliations. You may be able to find out how much money was retrieved from previous claims, and this can be a good indication of a successful lawyer.

Some examples of lawsuits related to car accidents, pedestrian accidents, truck accidents, motorcycle accidents, medical malpractice, slip and fall claims, dog bites, wrongful death suits, work-related injuries, and criminal activity.

What Happens If It Goes To Trial?

If the case cannot be settled out of court, it will be necessary that it goes to trial. At this stage, each side needs to prove their version of events and convince the jury that they are right and the other is wrong. The plaintiff’s attorney tries to demonstrate what you have been through emotionally since your accident, while the defense tries to show that you are responsible for your own injuries. Things like photographic evidence of your injuries may be shown to support the pain, suffering and traumatic elements of your case.

During the trial, both sides may call on witnesses to testify in favor of their claim or to support an element of evidence they believe is important. The plaintiff’s attorney will ask questions designed to prove liability and win damages; the defendant’s lawyer asks questions designed to reduce liability and/or damage awards.

The Compensation Settlement

This is where your solicitor will negotiate with your opponent, and they will be discussing the different factors we mentioned earlier. Your lawyer will also claim for future medical expenses if they are ongoing. They would include further planned surgery and prescription medication, and any house modifications that will be required following disability (e.g. wheelchair ramps, walk-in baths or showers, stairlifts). Your attorney will also mention things like loss of future earning potential if this is relevant to your case.

As you can see, there are lots of elements to a personal injury lawsuit. A lawyer would be at your side from beginning to end, pleading your case and fighting aggressively for a fair and reasonable financial outcome. In time the case will be finished and you will hopefully be able to continue your life as before, having the financial means required to achieve it.

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