We all know that accidents happen and no one is free from having to deal with an accident in their lives. Often times when accidents occur, the result may lead to pain and confusion from not only the victim but from the victim’s family and loved ones as well. There are many important facts and steps to follow after encountering an injury to ensure you are claiming your legal rights in the most advantageous way possible. Below are some things to remember about personal injury cases:
What exactly is personal injury law?
In laymen’s terms, a personal injury case may refer to any legal dispute resulting after a person was injured or harmed in any way because of an accident. Personal injury cases are filed when there is someone at fault and are legally responsible for the accident which has occurred. Cases are then processed by a civil court proceeding which seek to better understand and find who is at fault for the accident. Civil court proceedings may be resolved through a court judgment or through an informal settlement process. When issues are not able to be resolved informally, a lawsuit will need to be filed.
What is a formal personal injury case?
Formal personal injury cases, also known as “formal lawsuits”, are the result of a plaintiff filing a civil complaint against another person, business, corporation, or government agency. The plaintiff’s claim usually involves the defendant to be irresponsible and careless and therefore causing the accident to take place, resulting in harm and injury.
Can a decision be reached without going to court?
Depending on the outcome early on in the case, yes, sometimes an informal settlement can be reached, meaning the issue is resolved without turning into a “formal lawsuit”. To reach a settlement early on in the case, the opposing sides will meet and come to a compromise that suits both parties. Following their negotiation, a settlement will be made, put into writing, and signed.
Are there any limitations to be aware of when filing a lawsuit?
Yes, it is important that a complaint be filed early on in the case in order to meet that “statute of limitations”. The statute of limitations refers to the time from which the accident took place to when the complaint was filed. Statute of limitations varies from state-to-state so it is important to meet with an attorney and file as soon as possible to ensure your complaint meets the time requirements for your state.
Is it difficult to file a personal injury case?
If you are planning on filing a personal injury lawsuit, it is important to remember that the facts and laws must be present in order to present your case. It is very important to seek legal guidance from an experienced personal injury attorney when attempting to file a personal injury lawsuit.
If you are seeking an experienced personal injury attorney to assist you in filing a complaint or lawsuit, contact the attorneys at David Singer and Associates today.