In the event of an injury or accident, one might want to file for compensation. This usually involves a personal injury lawsuit.
In essence, a personal injury lawsuit is a civil legal procedure in which a plaintiff sues a defendant for damages, holding them responsible for injuries.
In this article, we will cover everything you need to know about this legal jargon so that you can determine if you’d like to initiate a lawsuit for your needs.
Whenever you’re ready to start learning, get your notes ready and keep reading.
Personal Injury Lawsuit: The Basics
Personal injury lawsuits are disputes of a legal nature. Because they occur when one person is a victim of injury or accident where they can hold someone legally responsible.
The responsible’s insurance agency will pay damages to the victim for pain and suffering and all medical expenses. If it’s a medical malpractice case, your attorney will work closely with hospital attorneys and insurance companies.
Any personal injury claim is formalized via personal injury lawyers who represent you at proceedings of the civil court. These sessions will focus on seeking fault legally through a court judgment. However, these lawsuits often get settled out of court before they even occur.
We listed below some likely outcomes of personal injury cases, such as property damage or car accident injuries.
To be truthful, most injury disputes resolve early with settlements of an informal nature. This is done among the people involved, the attorneys on both sides, and the insurers.
A settlement is a negotiation, followed by written proof where both parties forgo all legal action in the future. Thus, they choose to resolve the issue with payment, rather than legal discourse.
Unlike a criminal case, which is initiated by government entities, a personal injury lawsuit starts with private individuals. These individuals file civil complaints against a business, person, government, or corporation.
They usually allege that the other entity acted irresponsible or carelessly about the injury/accident that caused harm. This action is the process of filing a lawsuit.
Statute Of Limitations
Plaintiffs have a certain amount of time in which they can file their lawsuit. They call this a statute of limitations. Generally, this period of time begins when the plaintiff discovers the injury or when the injury happens.
Within this timeframe, one must find an attorney that will provide a suitable experience and sue for punitive damages. Initiating a lawsuit removes any time limit to present a case.
Statutes of limitations are developed by state laws and they vary by each injury type. For example, the individual injury statute of limitations in Texas is 2 years. However, for sex crimes, it’s 5 years. This varies state by state.
Unlike other aspects of the law that find their rule in statutes, the personal injury law developed occurs through court decisions and treatises written by scholars. Many states have taken action to summarize all of the injury law in statutes, but for practical court decisions, it remains the primary law for legal cases arising from injury or accidents.
How Long Does It Take to Resolve?
The time it takes to resolve a personal injury lawsuit is highly variable. For some people, it only takes 2 months. For others, it takes over a year.
On average, the process takes about a year. Naturally, a victim would want quick payouts, but faster resolutions don’t constitute better outcomes.
For example, it takes longer to resolve claims with successful results (court awards or settlements). Many of the factors that increase the chance of success also increase the time needed to resolve. These are but are not limited to hiring lawyers, negotiating with insurers, threatening or filing lawsuits.
There are patterns in how insurance companies value their injury cases. In most cases, one does not have control over these factors. For example, you most likely don’t have control over the injuries or the insurance policy of the defendant.
Serious injury results in more expenses and substantial suffering damages, which leads to better payouts. Insurance companies won’t offer to settle beyond the policy limits, so keep that in mind.
The Benefit Of Legal Help
Hiring a personal injury lawyer is one of the most important things you can do to increase your likelihood of getting compensated for your injuries.
Almost all people with legal representation receive their awards and settlements. This number of people is severely higher than that of people who represent themselves.
Legal representation also makes a huge difference in the personal injury payout amount. Even after deducting the average 32% contingency fee for lawyers, the new payouts are 3 times higher on average.
The results are not uncommon. Lawyers know what it takes to build a proper claim. Because they know how to deal with insurance adjusters and they know how to gather evidence.
Without legal assistance, you are left to the tidal waves of the legal world. You can fall victim to predatory insurance adjusters, threatening defendants, and poor legal decisions from the civil court. A lawyer can help you keep these problems out of your lawsuit.
Attorneys for Auto-Accident Victims
Now that you know what a personal injury lawsuit is and how it works, you are that much closer to deciding if you’d like to file one. If you do choose to do so. Just remember that the outcomes are almost always better with a legal representative.
If you’re interested in legal assistance from highly-specialized lawyers who know how to build auto-accident injury claims, get in touch and we will happily accommodate your needs.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.