Everyone knows that accidents happen. The pain and suffering you can experience caused by an accident with injuries can be difficult to deal with. Whether the injured individual is you or someone you love, deciding the legal steps to take is important. When making the decision it is best to speak to an attorney before making the case official. It’s advisable to keep all the information to yourself for the time being. If you feel that the injuries that you or your loved one have incurred resulted because of the actions of someone else, a personal injury lawsuit may be something to consider. Until you complete the steps to actually sitting down with the attorney you select, remember that you may or may not have a case, even if you feel you are in the right. For your own peace of mind, keep an open mind.
Personal Injury Case
Understanding what the makeup of personal injury case is will be extremely important before you begin all of the steps to hiring an attorney and forming a case. First, you can only truly have a personal injury case if someone else is responsible for the injuries received during an accident or incident. For example, if you are at a theme park and you fall through the metal plates surrounding a ride, then poor maintenance of the ride and the surrounding metal plates can be suggested. You could make the claim that your injuries are the fault of the theme park. Another example of a personal injury claim would be if you were injured in an automotive accident due to the another driver running a red light. You would then have to be able to prove negligence on the part of that driver.
Types of Personal Injury Lawsuits
There are two types of actions that you can take in a personal injury lawsuit. The first is an informal settlement, which ideally occurs before the suit begins. Informal settlements work much like a negotiation where the attorneys for both the injured and the accused discuss the actions that will take place without a settlement. This is rarely one-time communication. This can take place in stages and over months or years. Once an agreement is made, you sign the documents agreeing that the agreement is final and that no other legal actions will take place pertaining the injury.
The other type of lawsuit is that of a formal lawsuit which will go in front of a judge and be on the evidence by the attorneys for both sides. In some jurisdictions, your case may end up before a jury who will make the determination.
Statute of Limitations and Extent of Injuries
The statute of limitations for a personal injury case not only depends on the cause of the injury, but the extent of the injuries as well. Injuries can come in the form of physical, mental, emotional, or even damage to your reputation. For example, the statute of limitations of a sex crime is five years. However, for slander or libel, the statute is only one year. Knowing and understanding the statute of limitations and the extent of the injuries you received is extremely important. So when considering this type of case, it’s also prudent to speak with an attorney sooner rather than later.
Is Your Case Viable?
Knowing whether or not you really have a case for personal injury law can be difficult to decide when you or someone you love is involved. We all have personal predjudices that play into it. The best way to find out if you truly have a case worth pursuing is to speak to a lawyer. Many lawyers that work personal injury law offer free, initial consultations to discuss your case. Many of these same attorneys work on a percentage rather than a retainer. This is also commonly referred to as a “no win no fee” basis. Keep in mind, this sort of attorney’s interest in helping you is their assessment of the odds that they can win your case. Nobody gets paid unless they do. It’s not on how bad the injuries may be, or even who may be at fault.