When you suffer an injury or accident, and another individual is legally responsible for it, you can file for a personal injury case. At the core of every personal injury case, there is an injury, mostly physical, but it can be emotional or psychological. The gravity of the injury and the defendant’s legal responsibility is what shapes a personal injury case. Unlike most other legal cases, a personal injury lawsuit is initiated by the individual that has suffered an injury rather than the state and usually ends in some sort of settlement.
Types Of Personal Injury Cases
The most common types of personal injury cases are:
- Car Accident Cases: As the name implies, happens it is a road accident
- Slip and Fall cases: Usually happens on landed property
- Medical malpractice: When the negligence of a medical practitioner leads to a medical error.
- Defamation (Libel and slander): The oral or written statement about an individual that hurts his reputation
- Assault and Battery: The threat of violence and the act of physical violence that causes harm to another individual.
- Product Liability/Product Defect: when a product manufacturer is held legally responsible for using a defective product by a consumer.
Steps In A Personal Injury Case
Although every personal injury case and lawsuit is peculiar in its own right, there are common milestones in the litigation process.
- The Plaintiff Hires an Attorney
- A Complaint Is Filed and Served to the Defendant
- Discovery and Pre-Trial Stage
- The Trial Phase of a Personal Injury Lawsuit
- Settlement Is the Most Likely Outcome
How To Protect Your Rights In A Personal Injury Lawsuit
Knowing your rights in a personal injury case is never enough to protect those rights. It is important to take all the necessary actions and put things in place to further protect your rights. Protecting your rights when suing in a personal injury case depends on certain actions you take and the personal injury attorneys in Huntsville you use. Here are the simple ways you can protect your legal rights when suing in a personal injury case:
1. The Actions You Take At The Scene Of The Incident
It is inevitable to become disoriented when an accident occurs, but it is important to maintain some calm to help you think with a clear mind and take the following action.
- Firstly seeks medical attention.
- Contact your insurance provider.
- Notify the necessary authority (Police, property owners, etc.)
- Take pictures and videos of the scene.
2. Words You Say At The Scene
Watch what you say at the scene. Check your words and avoid speaking in a way that portrays guilt, especially when speaking to the insurance company or the defendant. It is usually best to only speak in the presence of your lawyer.
3. Actions You Take After The Incident Occurs
After the incident, immediately contact your insurance company. Don’t forget to keep receipts of all payments and transactions made, as this will count as very important documents during the trial and settlement process.
4. Collect Information And Evidence
Your lawyer/law firm investigates collecting information and searching for evidence that will further support your claim. This investigation will include checking if the defendant in question can afford to cover any settlement, his insurance capability, etc. If there is enough evidence to hold a case, a legal agreement begins, and you discuss the agreement fee.
5. Seek Legal Representation
The very first step to take and perhaps the most important. After that, you discuss the nature of the injury and the extent of the injury. It is with the help of a legal representation that you can then file a personal injury case. During the entire trial and settlement process, you will get useful legal advice. It is only with legal representation that you can take your case to the next level. At the discovery stage, there will be an exchange of interrogatory sessions and documents between the defendant’s lawyer and the plaintiff’s lawyer. When choosing a lawyer, one with experience in personal injury cases is your best bet.
It is paramount that you recognize some of your rights, such as the right to file a personal injury lawsuit and deny an initial settlement offer, because accepting the first settlement will more often than not be selling yourself short. In many personal injury cases, the defendant tries every means to deny the plaintiff the right to a favorable settlement. Protecting your rights starts with hiring a legal representative. A legal representative is in the best position on the right actions to take before, during, and after a trial, including offering legal advice during a settlement process.