Navigating the Legal System for Personal Injury Lawsuits
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Personal injuries are very common these days. The relevant laws provide all the support and protection to the victims of personal injuries so they can claim compensation accordingly. But most victims of personal injuries either don’t know their rights or don’t bother to pursue their case. Let’s break down navigating the legal system for personal injury lawsuits.
The reason for the victims’ non-pursuance of personal injuries case is mainly the perception that the lawsuits are quite complex. Yes, they are. But that doesn’t mean that one should give up his legal rights. No doubt, navigating the legal system is a tough ask, especially in the event of a personal injury case.
Moreover, it might be very difficult for a layperson to understand what he should do and how he should proceed to pursue a personal injury case to get maximum compensation. That’s why it is always advisable to get the assistance of a professional personal injury lawyer who can guide you through this process.
What Is A Personal Injury?
Any injury caused to a person due to negligence or a criminal act of another person is known as “personal injury.” Personal injury can be defined as a physical injury inflicted to a person, rather than property or reputation.”
So, a personal injury may be physical or mental harm caused to you by another person’s irresponsible or negligent act. The law allows you to claim compensation for any such injury by pursuing a personal injury lawsuit. Check out this resource for a complete guide on navigating the legal system for personal injury lawsuits.
Types Of Personal Injuries
Although there might be various personal injuries, here are some common types.
- Strains and sprains – Due to any sudden road mishap, the human body may bend awkwardly, resulting in strains or sprains due to damage to the body’s soft tissues. This type of injury is not so serious and can heal in a few days. But it certainly comes under the definition of personal injury to claim compensation.
- Brain Injury – Brain injury is quite a serious matter. Brain injury is mostly caused due to a road accident. It may also result from a slip-and-fall situation. The extent of brain injury may vary from case to case.
- Broken Bones – Another serious injury is the breakage of one or more bones. This normally happens in case of a road accident. Spinal cord injury can also be included in this type of injury, which is more serious than normal bone-breaking incidents.
- Psychological injury is not a direct injury but an after-effect of any other personal injury. It may include sleep trouble, sadness, lack of concentration, or irritation.
Types Of Personal Injury Claims
The most common types of personal injury claims include the following:
- Traffic or Road Accidents. These are covered under motor car insurance.
- Workplace Accidents, which are covered under the Employers’ Liability Insurance.
- Public or business place accidents. Pubic Liability Insurance covers this type of claim.
Navigating The Legal System For A Personal Injuries Lawsuit
As discussed above, following the right path in pursuance of a personal injury lawsuit is quite a complex matter. Here’s a step-by-step guide on how to navigate the legal process for a personal injury lawsuit.
Analysis Of The Facts Of The Case
The first step is to brief your lawyer about the facts of the incident. A lawyer may ask various questions, which may help him to build a strong case for claiming maximum compensation. The lawyer will collect specific information about the incident by interviewing the witnesses.
He may also consult a qualified medical expert to determine the extent of the injury sustained by you. He will also collect legal documents such as police reports and medical tests. It would help if you extended full cooperation to your lawyer for collecting the required documents and reports so that he can present your case in the best possible way.
Merits Of The Case
This is the most crucial step in your legal endeavor. This is the responsibility of your lawyer to carefully examine all the facts, documents, medical reports, and witnesses of the incident to reach a workable conclusion.
It’s your lawyer who will decide whether you have a chance of winning the claim or not. He must decide on the merits of the case. A professional lawyer should never advise you to go for the claim if he feels that you don’t have sufficient evidence to prove your claim.
No legal expert can guarantee that he can win your case, but he must decide to pursue your case purely on merits.
Knowledge About The Relevant Laws
Being a layman, you are not expected to be well aware of the relevant laws applicable in case of a personal injury lawsuit. But your lawyer must have complete knowledge of the applicable law. The rules are quite complex and are subject to various amendments from time to time. Your lawyer must be aware of these amendments in the relevant laws.
If your lawyer has a comprehensive knowledge of the applicable laws, he will be in a better position to prepare your case. So, the selection of an appropriate lawyer is your responsibility.
Responsibilities Of Your Lawyer
Once you have decided to claim compensation and have shared all the relevant details with your lawyer, the onus is now on the shoulders of your lawyer. Let’s see what his responsibilities in a personal injury lawsuit are.
- He should prudently prepare your case, using all his intellect and expertise.
- He should be able to impart the necessary knowledge about your rights that the applicable law provides you in personal injury cases. This is a very important step. You must be aware of your rights in such cases so that you may not expect something which is not permissible as per law.
- He is responsible for gathering all required evidence. You need to assist him in this task.
- He must be committed to take up your case from start to end.
- A wise lawyer always tries to settle the case by negotiating with the opposing party. An out-of-court settlement is always good for both parties. Hence, your lawyer will also avail this opportunity to explore whether an out-of-court settlement is in our favor.
- He will present your case in the relevant court if deemed necessary. He will be responsible for representing you during the entire court proceedings.
Personal injuries are protected under the law in almost every part of the world. These laws are designed to protect the rights of a person who has suffered a personal injury. The law also allows you to claim compensation for the personal injury sustained by you.
Though the law is mostly in favor of the victim of an accident, the steps to follow after the incident occurred are of vital importance. You must hire a qualified personal injury lawyer to take you through the legal process.
Although your lawyer will prepare a strong case based on the relevant facts and evidence, you must also have at least a basic knowledge of how to proceed.
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.