Personal injury cases or claims are typically related to accidents that have led to the injury of an individual, either physically or mentally. Insurance settlements usually resolve problems in the majority of personal injury claims, but sometimes that may not be enough with some businesses. Some cases may intersect with both criminal and civil implications, albeit rare, they are even more complicated than traditional civil lawsuits.
In order to simplify matters, we’ll provide you with a brief overview of what you need to know in case you’ve decided to sue a business.
Understanding the Difference Between Claims and Lawsuits
It’s quite important to understand that receiving compensation for your injuries doesn’t necessarily require litigation. Insurance companies and businesses prefer to avoid the costs and problems that come with litigation. That is why negotiations often happen between the victim and the insurance company to reach a settlement outside of the court. This doesn’t only apply to auto accidents, but many businesses have insurance policies for a myriad of negligence-related injuries. Once negotiations break down between the two parties, the victims usually file a personal injury complaint or lawsuit to the court. It should be noted that claims may not always need a lawyer to be handled but going without a lawyer you trust in a personal injury lawsuit is highly not recommended.
There are all sorts of expenses associated with a lawsuit, not just hiring an attorney. On top of this, add in the medical bills and other costs that the initial incident brought on for you. Legal funding is necessary for most people. By getting an advance on the payout of your claim, you can have all the financial resources that you need today, rather than having to wait for the courts.
Finding the Right Attorney
The attorney you choose to help you pursue a personal injury lawsuit can make or break the case. You’ll want to make sure that your lawyer has several years of experience handling personal injury lawsuits, not to mention a fair number of wins under their belt. They should also be locally-based because personal injury laws vary by state. This means that if the injury took place in Dallas, for example, then you should find a Texas lawyer to handle your case. As personal injury lawyers of Tate Law Offices mention, your main opponent in accident injury cases will be the insurance company and they can be very shrewd in collecting statements that can deny your case altogether. Your attorney will handle all negotiations and conversations with the insurance company to make sure that you don’t lose any legal ammunition in court. Professional legal representation will sequentially help you prove the business’s responsibility, negligence, and the harm they caused.
Statute of Limitations and Deadlines
Once you find that settling is not possible for any reason, your lawyer will give you proper advice on how to proceed. The first thing you should take into consideration is the statute of limitations on personal injury filings in your specific state as they too can vary from one state to another. The statute of limitations is basically a deadline for victims to submit their complaint with the court; it can range from 1 year to 6 years. The day of the accident is considered the day that marks the beginning of the deadline countdown. If you submit your case after it, it will most certainly be dismissed by the court. While there are some cases where the deadline can be extended, they are extremely rare and improbable, so having a professional lawyer by your side will help you identify these exceptions.
The Proper Paperwork
Your lawyer will be working with you to get the right paperwork that’s needed to file a complaint, in addition to a summons to the defendant. It’s important to file the complaint in the right legal jurisdiction, which is the state court belonging to the area where the accident occurred or in some cases, where the defendant lives. Both the complaint and summons are sent to the defendant to let them know that they are being sued by the victim and in which state court they should appear in.
Proof and Evidence
A lawsuit should never be built upon claims that aren’t backed up by facts and evidence. Since the court will be taking into consideration both the victim’s claim and the defendant’s defense, you’ll want to build a strong case. Personal injury claims are usually dependent on a legal clause or concept known as liability, which translates to the negligence of the defendant in the eyes of the law in civil court. Evidence proves that the defendant had a legal duty to the victim, which the defendant has breached. It’s important that the injuries caused, whether psychological or physical, were a result of the negligence of the defendant.
It’s not uncommon for personal injury victims to be confused about what they should do next because they aren’t quite familiar with their rights and what they’re owed. The majority of personal injury cases are handled by the civil court, which means that if the victim doesn’t ask for their rights by filing a claim or complaint, they may lose the compensation they’re owed.
