People always try to live their life safely and away from any injury as much as possible. A lot take necessary measures to ensure that they avoid any safety hazard so they will not suffer and be in pain or cause suffering and pain to other people. Unfortunately, there are instances when injuries can happen due to a lot of factors. It is all the more difficult for the victims if the injury could’ve been avoided in the first place if only the person responsible took the necessary precautions. This is when a personal injury lawsuit may take place.
The Basics of Personal Injury Lawsuit
When you suffer from harm due to an accident or an injury, you can sue the person who is the reason for it. You can make that person legally responsible through a personal injury lawsuit where you can claim damages, charge the person for wrongdoings, and have other agreements that would compensate you for the harm and bad experience you have been through. This is one way of how you protect your legal rights after being caught up in an accident. The first step you do after experiencing a problem is to seek legal representation through a personal injury lawyer who is experienced in handling such cases. They will help you prepare the necessary documents and advise you on the next step that you should take.
They will also help you in the settlement process should the person responsible decide to take it off-court, and they will be the ones to stand in court if a formal hearing arises. The success of the lawsuit and the settlement heavily depends on how well your lawyer can handle the case and make the necessary demands to settle everything.
How it Works
After you experience an injury or accident, the last thing on your mind would be paperwork and tedious processes just to make that person who caused the problem to be responsible for what happened. Though no one wants to go through all that, it is necessary to file in the necessary papers to get your case started. In preparing for a legal dispute, all the factors that contributed to the accident or injury shall be accounted for through an investigation. The damage shall be measured, and everything from the medical bills, cost of repair, and recovery plan should be accounted for and included when thinking of the amount you want to settle with. The insurance of the person who has caused the accident shall be paying for all the costs and expenses you have incurred because of the accident.
Your lawyer will then formally open the case through a formal civil court proceeding. It is the court’s responsibility now to seek for all those who are legally at fault for causing or contributing to the accident. If the dispute were not settled out of court, a lawsuit would be filed. This is a long process. That is why a lot of people pursue a settlement to avoid spending time and resources in court hearings rather than focusing on recovery and starting over again.
Formal Lawsuit VS Informal Settlement
The government can usually pursue criminal cases against someone who committed a crime. This is different from the case of a personal injury because the person who is the victim of the injury should file for the necessary legal action himself. The private individual will be called the plaintiff, and the entity, which is the subject of the complaint, shall be called the defendant. You can file this kind of case against another person, government agency, and even a corporation. If it is proven that they have neglected or have been deliberate in causing the accident, then they can face paying hefty amounts of fine, charges, and other law-mandated punishment. This is what it means to file a lawsuit, and you would expect to be in scheduled court hearings and present your case and evidence at hand to the judge and a jury. You have to await the verdict, so you can be awarded your claims.
On the other hand, an informal settlement is what happens when the case is agreed upon by all parties involved out of court. The key people to make this possible are the lawyers of each side, the insurers, and those people who are directly involved in the dispute. Both parties will try to negotiate their side, and both would want something advantageous for their side. If you are the victim, you would want to increase the settlement money they offer, and if you are the subject of the complaint, then you would want to give a lesser settlement for you not to be indebted or go broke. Either you settle or pursue a lawsuit, you need the help of a lawyer who would fight for what you deserve and argues with anyone who is trying to lowball you. Take only an advantageous step with the help of a good representation who has your back and who would assist you in every step of the way.
When You Should File A Case
You shouldn’t be wasting any precious time to go after a person if you have been through an accident or injury. There is a statute of limitations providing you a timeframe of when you can file a lawsuit to the person or entity who caused you harm. This depends on the state where you currently are. The period stated in the statute of limitations starts from the day of the accident or the day when you have discovered the injury. Your formal complaint will already release you from this timeframe, and you can proceed with the case. Each state gives a different time frame, which also depends on which type of case.
Personal Injury Cases
There are plenty of situations that can be considered a personal injury case. The main reason you go for this kind of lawsuit is to seek compensation for damages and injuries incurred. Different causes can be counted as a personal injury case.
Car Accidents
Most personal injury cases spur from car accidents due to how common it can happen on the road. The injuries you can experience here could be severe and life-threatening. There is also the possibility of involving two or more people, especially if the accident happened mid-traffic. Both other cars and pedestrians could be a victim of any type of car accident. This usually happens when a driver is reckless and isn’t following the rules of the road. One of the most serious situations is when the driver is found to be drunk or high during the time of the accident. He could be facing not just damages but also criminal charges.
Slip and Fall
Any property owner should ensure the safety of their premises and keep it free from hazards that might cause accidents to any persons who are in the property. There are many examples of when a slip and fall may become an injury case. The first question you should ask is if the injury occurred at work. You have to find out if the event was caused by a neglected hazard. For example, you can slip because of objects on the floor due to the poor maintenance and upkeep of the place. The accident didn’t have to occur if only the management ensured that the premises are free of slippery objects.
Another factor you have to look into is the potential for hazard wherein the situation was created, and the measures to prevent t were not made by the people involved. It means that the risks could have been lower if the management has done their part in regularizing their conduct, given their knowledge of a potential hazard that may take place if action is not undertaken. There are still cases where the plaintiff’s carelessness led to the injury, and the defendant will be deemed at least partly at fault. The slip and fall could have been the victim’s fault, but the defendant could still have protected her from the slip since her behavior was careless but not unusual at all. Because of this, extreme measures should be taken to make sure that no one will ever slip or fall within a given premise. Proper maintenance, warning, and monitoring are needed to avoid this kind of situation.
Medical Malpractice
Medical malpractice lawsuits are sometimes tough to win because not every negative outcome resulting from treatment is considered malpractice. The most common thing, though, across all malpractice cases is the health care provider’s inability to be at par with the standard of care needed in the treatment circumstances. The actions feel short of the needed standards and have become negligent and reckless in their practice. It means that there could’ve been a better treatment plan for the patient if another professional has done the procedure and resulted in a better outcome. One example is the failure of diagnosis of a harmful condition, failure to enumerate the risks following a certain treatment, and grave errors during surgery and other medical procedures.
Although doctors are not required to be perfect and foolproof all the time, they are subjected to a medical standard of care that subjects them to exercise their utmost professionalism in upholding their patients’ rights and welfare. One of the most serious cases that can automatically hold a doctor liable is performing his duties under the influence of alcohol and drugs. All problems after surgery can be accountable to him and his recklessness. It must be taken note though that a patient who is going through a worsening condition is not an automatic ground for malpractice. It can happen that while going for this lawsuit, both sides would end up becoming medical experts in the process.
Defamation
Not all personal injury cases are physical. People can also file for this kind of lawsuit if the injury is done to the emotions, as in the case of libel and slander. You can seek help from a law firm to sue damages against someone who has injured your reputation due to untrue and unjust statements about you. The plaintiff must prove the exact nature of the defamation based on who she is and the kind of situation where the statement was made against her. Anyone could just provide proof of the negative statement and provide evidence of the harm resulting from it, which could be financial losses. People who are often involved in this kind of legal case are celebrities and public figures wherein they have to prove actual malice, which is the intentional and reckless disregard for the truth in the statement said of them.
Assault and Battery
These types of cases are not caused by accidents but of intentional and purposeful action to harm another person. A perpetrator can be subjected to additional criminal charges to get them behind bars while adding physical injury cases to ask for damages and compensation for the injuries incurred during an attack. This is also called intentional torts. For example, you may go for a civil case against a business for when you got attacked in their premises as when you are in a bar or a nightclub. If a bouncer or staff is part of the attacker, you can file for an intentional tort claim against the bouncer or staff following a premises liability against the business itself. This way, you get compensated for the injury you get after the attack and hold the business responsible for allowing the attack to happen to you in the first place.
Numerous grounds can call for a personal injury claim against a person, business entity, or even the government. What’s important is that you know what these grounds are, so you know your rights and how to fight for them. After all, with these types of cases, only the victim has the power to go after the people responsible for causing the injuries to happen.
