These Signs Let You Know If You Need to File a Personal Injury Claim

Sam had a surgery gone wrong, even though doctors assured him that the risks were negligible. It turned out to be a nightmare. Now he has nerve damage and is in a wheelchair.

While it is expected that with the treatment he will most likely walk again, he still has to be compensated for the injury caused to him because of the negligence. And since he was the sole earning member of his family, he would need to be paid for the loss of earnings and other expenses till he recovers.

He consulted a personal injury attorney who examined his case and guided him on how to proceed further.

If you have been injured physically or psychologically due to the negligence or intentional wrongdoing of any other person or group or entity, then you can bring a personal injury lawsuit against them.

Personal Injury

When an incident causing a personal injury has occurred whether it is something that Sam faced or an automobile accident or a work-related injury, document all the critical details around it. It is essential to consult an attorney as soon as possible so that all the evidence pertinent to your lawsuit is collected.

This is also important if the attorney or insurance representative of the other party gets in touch with you. You should not sign any documents without consulting a lawyer and be aware of all the legalities.

It is not necessary that you would require a lawyer in every case. If you have a minor injury like a scratch or nick, or if the property damage, such as a dent in your car is not substantial then you probably might not require the assistance of a lawyer. But in case the injury is serious then you should consult a lawyer to know your rights as well as get answers to your questions about the next course of action.

How to File a Lawsuit for a Personal Injury Claim

If your case has merit, then your lawyer will file a personal injury claim for injuries or even any damage to property such as your car. This requires being filed within the period the claims remain valid. Your lawyer can also send a letter with details of the injury to the other party, their lawyer or insurance company asking for a specified settlement amount.

The reply to this kind of requests is time bound. Once the lawsuit is filed, complaints are served to the defendant which they have to respond to within the specified period. The case is held in a local court usually chosen by you, the injured party.

The period after a lawsuit is filed, is also used to gather more information, background or evidence about the case by both the defendant and the plaintiff. Your lawyer’s help may be invaluable during this period.

The Trial

In some instances, before going to trial you and the defendant may be directed towards mediation, where you and the person or entity that caused you the injury can discuss settlement in the presence of a mediator. Before going to trial, you may also meet with the judge who tries to get you both agree on a settlement.

During the trial, all information is presented. After due diligence such as cross-examination of witnesses, arguments for and against the case, etc. the judge or the jury reaches a verdict. The verdict also mentions the damages awarded to the plaintiff, if any.

Post-Trial

The defendant is ordered to pay you the damages awarded to you by court decree.

If there are any delays or problems your lawyer can guide you on the procedure on how to collect them.

The Law Offices of Alvin de Levie is an experienced personal injury law firm that can help you with your case.  If you are involved in a personal injury, do not hesitate to contact us. Call us today at (844) 777-2529 for more information.