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October 26, 2020The Future Lawyer Weekly Update – w/c 26th October
October 28, 2020If you’ve been injured in an accident as a result of someone else’s negligence, you may be wondering what to expect when you file a personal injury lawsuit to seek compensation for your injuries. You may have lots of questions in your head and you definitely want answers.
Thus, if you consider filing a case against the at-fault party, keep reading this article to learn everything about a personal injury lawsuit.
What Is A Personal Injury Lawsuit?
In simple terms, a personal injury lawsuit is a legal dispute that arises when a person suffers from harm and has been injured from an accident caused by someone else’s negligent behavior. The goal of this kind of civil action is for the injured party to seek compensation against the at-fault party so they can bring themselves back to the same physical, emotional, and financial state they’re in before the accident occurred.
Under a personal injury lawsuit, the plaintiff or the injured party can receive compensation by proving that the defendant’s negligence has caused damages to the former. If you’re the injured victim, then, you should prove that the other party committed a blatant disregard for your safety. For example, if you’ve slipped on the floor of a restaurant because they failed to maintain the floor, the restaurant can be held liable for your injuries.
Typically, most plaintiffs in a personal injury lawsuit are individuals or a group of similarly injured persons. On the other hand, most defendants can be an individual, group of people, or an entity, depending on the nature of the accident and the injuries sustained by the victims.
How Does A Personal Injury Lawsuit Works?
When filing a personal injury lawsuit, there are things you need to consider, which can include the hiring of legal professionals, like the lawyers Fasig and Brooks. With them on your side, you can consult a lot of things, such as the legal options you can take to win the case and recover the compensation you deserve.
However, filing a lawsuit doesn’t only involve working with a lawyer. The following are the stages to consider from start to finish:
- Discovery – Under this stage, the opposing parties will be given the opportunity to cross-examine the evidence presented by each side. The lawyers of each party will request interrogatories, depositions, admissions, production of documents, and many more.
- Mediation – Before going to a full-blown trial, the parties involved will undergo mediation in the hope that the matter will be settled out of court. They’ll be given the chance to reach an agreement, which, in turn, will save time, money, and resources.
- Trial – In this stage, a judge or jury examines the evidence presented, determine the liability of the defendant, and issue a judgment awarding some damages to the plaintiff. In other words, the trial phase consists of jury selection, opening statements, witness testimony, closing arguments, jury instruction, and jury deliberation and verdict.
- Appeal – If one of the parties doesn’t agree with the decision, they can appeal it to the higher court. Under this stage, each party will have the chance to submit a brief to the appellate court. Also, the court will review the records of the trial court to determine the validity of the appeal. However, you should understand that filing an appeal comes with a more complicated procedure, which is why you need to work with an experienced lawyer to navigate this situation properly.
What Are The Different Types Of Personal Injury Lawsuits?
Now that you know what a personal injury lawsuit is and how it works, the next step is to get familiar with the different types of situations that give rise to the filing of a lawsuit in court. These can include:
- Car Accident Cases – These occur when one of the drivers involved isn’t following road and traffic rules or isn’t driving carefully. Also, most car accident cases require the assistance of a lawyer to ensure a favorable outcome.
- Medical Malpractice – This occurs when a medical practitioner, who provides treatment, breaches the appropriate medical standard of care and injures the patient.
- Slips And Falls – A slip and fall accident happens when the owner of the premises falls short in their duty to keep the place safe and free of hazards, thereby resulting in injuries to a person.
- Dog Bites – These happen when owners fall short in controlling their dogs, which results in these animals biting innocent people.
Bottom Line
Ideally, dealing with a personal injury lawsuit doesn’t have to be complicated and overwhelming if you know how this case works. And, as long as you find a good personal injury lawyer, you can handle the case efficiently in your favor. They have the necessary knowledge and skills to help you get the compensation for your injuries and other harm done to you.