A personal injury claim is made by someone who has been hurt due to the negligence of another. The injured person could be a pedestrian hit by a car or someone hit by an employee at work, for example. For those injured people who have suffered extensive and lasting injuries as a result of their accident, this can often lead to costly medical expenses and lost wages as they are unable to return to work.
In most cases, the person who was injured is compensated for their loss of wages and medical expenses with their personal injury claim. However, there are other situations where the injured person may have a civil trial in order to receive compensation for their injury. This involves a trial that is held by a judge or jury to decide whether or not they were negligent and caused an accident. Some insurance companies won’t compensate an individual who has been diagnosed with a medical condition that causes them to miss work due to their injury.
What is Personal Injury, and What is Personal Injury Litigation?
The “personal injury” part of the definition refers to the injury that was sustained by the injured person. The “litigation” part of the definition references a civil trial that is held in order to decide who was at fault for causing an accident. The definition also refers to a lawsuit where damages are sought from another person or entity who was involved in an accident. If a jury or judge finds that the other party was negligent, then they may have damages awarded to them by the jury or judge. A “suit” is a legal proceeding in which a person sues an individual or entity for damages.
The two are often confused with each other, but the timing of a personal injury claim cannot be compared to a civil lawsuit. If you’ve been injured in an accident and feel that you have suffered a medical condition due to your injury, then you may want to consult with an attorney who can help you determine if a personal injury claim may be valid. Your attorney will make sure that your rights are protected while they explore your claims with the other party’s insurance company.
What is the Goal of Personal Injury Litigation?
The goal of personal injury litigation is to seek damages. This could be in the form of lost wages due to the injured party being unable to work. It could also include reimbursement for medical expenses and property damage caused by accidents. In some cases, personal injury lawsuits are settled out of court, where the other party accepts responsibility for their actions and agrees to compensate you for what you’ve lost due to their negligence. If a settlement cannot be reached on your claim, then your attorney may file a lawsuit against them on your behalf. Your attorney will then take the case to a civil court and file a lawsuit against the other party on your behalf. The other party’s attorney may then respond with their own filing, stating the reason why they shouldn’t be held accountable for what happened to you.
A civil trial occurs when both parties are unable to come to an agreement outside of court. When this happens, both sides will be represented by an attorney, and a judge or jury will decide who is more at fault. If the judge or jury deems it to be the other party’s fault, then compensation may be awarded to you by the judge.
What are Some Common Difficulties Faced During Personal Injury Litigation?
Personal injury litigation can be a difficult and frustrating process. Not only do you have to fight for what you deserve, but you have to fight for the money that will help you pay your bills or medical bills. If the other party does nothing wrong, then there is not usually much reason for them to pay for the financial loss incurred. Without having experienced personal injury litigation firsthand, it can be difficult to understand what charges are made by a judge or jury, as well as why they exist.
If you are part of a personal injury lawsuit, then you’ll want to make sure that you’re not being taken advantage of by the other party. The best way to do this is to work with a personal injury attorney who can keep your best interest in mind throughout the litigation process.
Conclusion:
If you are interested in exploring your legal options for a personal injury case, then you want to consult with an attorney who is experienced in the field of personal injury. There are numerous aspects that need to be looked at when determining if a personal injury is valid. An experienced and skilled lawyer will help you gather the right evidence needed to prove your case, as well as make sure that the compensation you’re entitled to be recovered.
