Personal injury is a legal term referring to an injury caused the person’s body, mind or emotions but not the property. In general, personal injury claim is mainly based on the negligence of a party or parties who automatically become legally liable for the injuries. When you file a personal injury claim as a plaintiff, you seek compensation from the defendant.
Personal injury claim attorney
Like in many cases, to file a personal injury claim you as a plaintiff need to contact an experienced attorney for well-grounded and legally literate claim depending on the gravity of the situation. There may be such cases when there is no need for an attorney, moreover, the injury is not worth pursuing in the court or there is no chance to win. Nevertheless, if you have a corresponding valid case, the lawyer is a cornerstone to succeed at trial. However, whether you are a plaintiff or a defendant, the attorney can:
● Make sure that you will receive the possible maximum compensation for your case
● Run negotiation on your case
● Fill out forms, gather records, perform some administrative work, file motions on your behalf etc.
● Make the insurers, medical providers and other competent bodies take your case more seriously
Common causes of personal injury
In fact, not all injuries can be treated as personal ones. You may file a personal injury claim when you face:
● Accidents at home, on the road or at work
● Trip accidents
● Accidents due to product defects
● Medical malpractice including medical and dental accidents
● Industrial disease including occupational injuries etc.
Damages fall into special and general types. Special damages are of financial nature (hospital bills, lost wages etc.), while general ones are non-financial losses like pain, suffering, occupational stress, strain injuries etc.
Dropping the case
It may happen that the injured party changes his/her mind and decides not to file any personal injury claim. The reasons may be as following:
- There is no chance to get compensation
- When the injured party has to pay the lawyer’s costs and other side’s costs as well.
- In the case when the injured party is not able to launch a new claim because the statute of limitation was expired or the case was dismissed.
Actually, in the majority of cases, i.e. more than 95% of personal injury claims end before reaching court. In such cases, the parties; plaintiff and defendant come to mutual agreement and the plaintiff agrees to drop the lawsuit if the defendant takes the responsibility to pay monetary compensation. Usually, a judge makes the agreement legally binding.
Forward to a trial
Though a vast number of injury cases don’t reach a trial, nevertheless some do when, for example, parties can’t reach a mutual agreement or the insurance company refuses to pay compensation for the submitted personal injury claim. It’s notable, that even if your case gets to the court, it has all possibilities to get a settlement even a day before the trial.
When the remaining 5% cases go to trial, there are only two ways out; either the plaintiff wins or the defendant. Defendant pays compensation to the plaintiff when the latter wins the case. The amount of the compensation depends on the gathered evidence, testimony, and analysis of similar cases. We should also mention that the plaintiff doesn’t always win. In such case, the plaintiff even has to pay compensation to the defendant for court costs and attorney fees. If the verdict doesn’t satisfy any of the parties, they can appeal it within 30 days. So, before filing a personal injury claim think twice and discuss all the points with an attorney.
Your personal injury attorney will help you to get a close understanding of the core of your case and provide all the bases whether you should file a personal injury claim or not. Outcomes of cases are rather specific and there is no one answer to the question “will I get compensation for the injury or not”. We and, surely, all reasonable attorneys will not give you 100% guarantee to win but we all promise to support you with all possible legal grounds to get the result you seek for. Just call us at 818.553.1000. We will do the rest.