How Do I Know If I Have a Personal Injury Lawsuit?
If you have been injured or lost a family member due to someone else’s carelessness, you are probably wondering whether you have a personal injury claim. In order to recover monetary compensation, you must prove three things.
1. The responsible party was careless (negligent). For example, if a truck driver crashed into an innocent victim’s car because he ignored a stop sign, the truck driver, under the law, would be considered negligent.
2. The negligence caused the personal injury. In the above example, if the innocent victim sustained a broken arm and severe headaches as a result of the crash, the truck driver’s negligence would be considered to have caused the personal injury.
3. The injury resulted in harm (compensatory damages). In the above example, if the innocent victim’s broken arm and headaches resulted in medical bills, lost wages, and/or pain and suffering, the injury would be considered to have resulted in compensatory damages (i.e., damages for which an injured party may be compensated).
How Much Time Do I Have to File a Personal Injury Claim?
The statute of limitations is the time frame that a victim has to file a lawsuit for the damages suffered. In our legal system, if your lawsuit is filed too late, you can be barred from ever receiving compensation for your loss or injury, no matter the situation.
What Happens During A Personal Injury Lawsuit?
Most people have never been involved in a lawsuit. As such, many accident victims and their families are anxious about pursuing a personal injury claim. It is true that a lawsuit could result in a trial before a jury, but most don’t, and the process should not be a stressful one. The steps below will help you understand the various stages of a personal injury lawsuit, from the initial consultation with an attorney through the resolution of your case.
1. Meeting with a Personal Injury Attorney
2. Evaluating the Attorney
3. Hiring a Personal Injury Attorney and Understanding How They Get Paid
4. Investigating Your Case
5. Settling Your Case Prior to Filing a Lawsuit
6. Filing Suit In Court – Pretrial Phases
7. Going To Mediation
8. Going to Trial
9. Post Trial