Many people go through life thinking that accidents happen to other people, but not them. This way of thinking may be comforting and easy to understand, but it’s far from correct.
The reality is that accidents and injuries can happen to anybody, at any time. Every year, hundreds of thousands of people get into unexpected accidents on the road, at work, and in their own homes. An unpleasant fact, but it’s true.
If you have suffered a personal injury, and you’re wondering whether you can take to court, read on to see if this is the case.
What Qualifies as a Personal Injury Case?
In some cases, an accident is the fault of nobody except the person it has befallen. In other instances, however, it is clear to see that someone else is directly to blame. It is in these types of personal injury cases that a person may reasonably take legal action.
To be a bit more specific, the law states that a personal injury case must involve bodily harm that was caused by the negligence of another party.
Some of the most common types of personal injury cases include
If you’ve been in an accident in which you were injured, and someone else was responsible, you most likely have grounds for a personal injury claim. If you’re not certain whether or not you do have grounds, it is advisable to contact a personal injury attorney, as they will be able to offer guidance on the matter.
It is important to note that each state has its own individual laws regarding the time frame in which you must file a personal injury lawsuit. You will need to find out what the law in your state dictates, again a personal injury lawyer can help you with this.
What Happens When I File a Personal Injury Claim?
Once you have established that your personal injury case has a legal basis, the next step is to have your lawyer file your injury claim. He or she will contact the insurance company of the responsible party and negotiate on your behalf.
Oftentimes, the insurance company will agree to pay a settlement for your injuries. If it refuses to do so and negotiations break down, your lawyer will file a complaint with the court.
The object of a personal injury court case is to establish once and for all whether or not the accused party is indeed at fault. Evidence will be presented and further negotiations will be heard.
While many personal injury cases tend to settle out of court, it is possible that you may end up having to go through a jury trial.
In the vast majority of personal injury cases, lawyers are not paid on the basis of a flat rate, but rather on a contingency fee basis. This means that their fees will be deducted from the settlement received or damages awarded. If their client is awarded no money, then they receive no payment.
Better Safe Than Sorry
If you suspect you have a personal injury case, you’re able to win but are not sure, the best thing you can do is to consult with an expert. Research attorneys in your area, and once you are satisfied you have found a reputable one, contact them as soon as you can.
If you don’t, you run the risk of suffering weeks, months, or even years of pain, along with the loss of untold amounts of money on medical expenses, therapy, or missed wages.
If you found this guide helpful, see the rest of our content for more information on the ins and outs of the complicated world of US law.