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Sustaining a personal injury can be an overwhelming experience. Not only are you suffering from the pain of the injury or illness itself, but there are also economic costs in the form of medical bills and lost wages. Unfortunately, discovering your options for compensation can be difficult if you are unfamiliar with the legal system.
To help those seeking compensation for injuries, we have laid out everything you need to know about personal injury cases, from the definition to different factors that could play a role in your case. We have also explained typical court proceedings so you can be prepared when you consult with an attorney. Contact our firm today if you are ready to discuss your claim with a skilled legal professional.
A personal injury refers to the harm an individual sustains because of another person’s (or entity’s) negligence or malicious intent.
When another person or company caused your injuries, you may have a viable personal injury case; legal action taken against the responsible party for your damages. In this situation, you would be the “plaintiff,” or the one filing the complaint. Then there is the “defendant,” the person, business, corporation, or government agency that caused your harm.
Suppose it is determined that the defendant is at fault for your injuries. In that case, the responsible party’s insurance is liable for your medical bills, lost wages, and other associated costs.
The goal of court proceedings is to secure compensation for your losses. Unlike criminal cases that the government initiates, personal injury cases are started by individual plaintiffs. This process includes finding all the parties that are potentially at fault for your injuries and filing against them. Depending on the severity of your injuries, proceedings can last from a few months to a few years.
Typically, there are two outcomes to a case; the first is a trial, where the plaintiff’s goal is to prove that he or she suffered an injury due to the carelessness or irresponsibility of the defendant. There is typically a judge presiding and potentially a jury in this situation.
The second outcome is a settlement. Most disputes involving an accident or injury are handled through settlements. When negotiating, the parties involved are typically the ones involved in the dispute, their insurers, and their attorneys. At the end of negotiations, a formal agreement stating what both sides agreed upon will be written. This document also stipulates that the matter is resolved and neither party will take any further action, such as filing a lawsuit.
Whether your case goes to trial or settles outside of court, it is wise to enlist the guidance of a knowledgeable personal injury attorney. You need a legal advocate by your side who won’t take “no” for an answer, and will fight tooth and nail for your case. At Jan Dils, Attorneys at Law, you can ensure your personal injury case is in good hands. Contact our firm today for a consultation with our experienced legal team.
Jan Dils, Attorneys at Law