What to Do if You Think You May Have a Personal Injury Claim
The fact that there is such a law called ‘personal injury law’ is proof enough that personal injuries are common enough and serious enough that they should not be brushed under the rug. They could be confronted and dealt with and those responsible should have to pay the price, whatever that may be. If it was your loved one that was permanently injured because of some one else’s misconduct or neglect, you would want to see them justified.
What types of cases are personal injury cases?
These can be a few different things. Here are a few examples:
- Road accidents
- Worker’s comp cases
- Assault claims
- Accidents involving tripping or falling
Although these examples barely scratch the surface of personal injury law, the best way to summarize personal injury claims would be basically, anything that causes a dispute when someone is harmed physically or emotionally by someone or something else.
Do personal injury cases become lawsuits?
Absolutely. They usually take one of two forms.
- Formal lawsuit
This is usually began when the victim files the claim against the person or business that they say caused the harm. Typically, it is not a very civil atmosphere as the victim will accuse the other party of not caring about their injury or how it happened. - Informal settlement
This is when the dispute over the injury is sorted out without involving the courts. Mediation or a settlement meeting will be able to resolve the dispute. Usually a personal injury attorney will still represent each side and try to negotiate a settlement between the two parties usually involving a sum of money, agreeable to both sides.
How long does a personal injury case last?
Personal injury law does not specific a time it should take for a dispute to be settled, it really does depends on the parties. Settling always makes the claim go away the fastest but if you choose to go to court then it can take much longer. Generally speaking, each case can take as quick or as long as you want. The more willing you are to accept less money, the quicker the case will go; the less willing you are, the longer the case will be drawn out. Neither are right or wrong, it just depends on what the injury is worth to you. Even if you are willing to take less money, it is strongly advised to still hire a personal injury lawyer to help you with the facts of your case and make sure you are being advised correctly and honestly.
How do I know if I have a viable personal injury claim?
In order to know if you have a real case, you need to understand personal injury law as well as the process and the facts. Retaining the counsel of a lawyer will help you to determine whether or not you would be able to win your case. However, if some sort of injury that was caused by someone else or something else has impacted your life to the point that you are now living differently than you would have chosen to before, because of the injury, you have a pretty good chance of having a good case. Many attorneys will offer a free consultation of your case.
If I have been injured, what do I do?
- Gather evidence against you caused you harm.
- Write down a personal statement of the exact events.
- Write down how it has impacted you including physical movement, any lost jobs or wages, medical bills, etc.
- Collect any witness information.
- Collect information of any others involved in the accident.
- Alert the party that caused the damage that you are planning to file a claim.
Once all your bases are covered, your rights will be preserved and information kept intact.
Hopefully you will not find yourself in this situation but if you or a loved one has been injured, the very first step is to contact a lawyer for advice if nothing else.