Oftentimes, when someone thinks of filing a personal injury crime, their mind is directed to car accidents. Car accidents are frequent, and can result in personal injuries, but there are several other instances that could make you eligible for a personal injury claim.
While there are a plethora of events that fall under personal injury, a major key to winning a case is proving that the other party acted with negligence. Given that personal injury cases can be tricky to navigate, it is highly recommended that you reach out to a trusted Personal Injury Lawyer quickly after the accident occurs.
If you’ve recently been involved in an accident, here are some options available and tips about what you should do after the accident.
If you were affected by an accident, it may not be entirely clear if the incident can be deemed a personal injury. Legally speaking, if there was known negligence at play that caused harm to someone else then it would be considered personal injury. Some examples for reference include:
Slip and falls
If your accident matches one of the circumstances listed above, you may be eligible to file a lawsuit against the party that is responsible in order to receive extra compensation to alleviate the burdens of damages and medical bills.
In some cases accidents do simply happen, so not every slip and fall or accident can warrant a personal injury claim. The key here is establishing that the party that caused the harm acted with negligence. The purpose of hiring a personal lawyer is to let them collect evidence that proves this, and assist in landing you the compensation you deserve.
Depending on the severity of your injury, you may decide it’s not worth pursuing a case. If your injury results in hospital visits and outstanding bills however, seeking arbitration or a lawsuit would be a more reasonable option.
In some cases, businesses and corporations may agree to pay a settlement to an injured party to spare themselves a court case or bad press.
Not every accident will go to court, but if you’re dealing with a corporation or business that is avoiding a settlement, taking it to court is an ideal option.
To keep your case out of a courtroom setting, arbitration is another option. Arbitration provides the opportunity to sit down with the other party involved, and an additional unbiased third party who will act as a mediator to assist in reaching a settlement.
If neither party can agree on a settlement, you have the option to file a lawsuit. This is where your trusted personal injury lawyer comes in to investigate your claim and comb through the evidence supporting your position in court.
You should not wait until you’ve decided to file a lawsuit to contact a personal injury lawyer, or if you’ve decided not to sue the other party. On top of lawyers providing the utmost advocacy for you in court, they can make a great legal counsel as well.
Before filing your claim, a trusted personal injury lawyer can fill you in on how strong your position is and provide options that are available based on the circumstances of your case. If it turns out that your lawyer finds trouble viewing your side in a favorable position, it may be best to not further pursue a lawsuit.
If you and the other party have decided on arbitration, your attorney can negotiate for more compensation. By consulting with a lawyer before making any decisions, you can have a head start on your case from the beginning, making the entire process smoother.
On average, a personal injury case can take a few months to a year to settle.
After connecting with your lawyer, and discussing filing against the party being held responsible, you will need to provide solid evidence that negligence was the root of your accident. To help assist your lawyer in collecting all sufficient evidence, you should take photos and document the scene after you’re injured, considering you’re not too badly injured.
In the event that your injury occurred outside due to weather conditions like snow or rain, it is crucial that you quickly take photos of the scene before the environment changes via snow melting or rain drying.
If the accused party decides to reject a settlement, witnesses who were close to the scene where you were injured will be asked about what they saw, and possibly brought into testify, that is if your attorney can locate them.
You should not have a desired amount of money set in your mind that you’re going to receive, since every case is unique the amount that is paid out will always vary.
Considering you and the other party involved can reach a settlement, your attorney and yourself will be delegated with the task of negotiating a price that suits both parties, which will lead to a final aggreement. In the event that your case makes it to court, the jury that is selected will be in charge of awarding damages.
There are many factors to consider that will determine how the damages are awarded. Things like pre-existing conditions before the accident took place, and if the victim obtained any conditions as a result of the accident can have huge impacts. Your age, medical history, and several other aspects will be investigated and play a part in how much is awarded. Contacting a witness who could attest to the conditions of the accident could be crucial, if there was a witness present.
Your attorney should be able to give you a rough estimate on how much you can anticipate to receive, but as mentioned earlier there are still factors to consider, and nothing is set in stone. Regardless, your lawyer will help guide you on the steps that follow.
Personal injury cases can be hard to prove, are typically difficult to work through, and each scenario is unique to the individual and circumstances of the accident. Choosing the right attorney can help you navigate personal injury cases with less stress and ensure that you are getting awarded the amount you deserve.