Suffering a personal injury can be a traumatic experience, and it can be tempting to seek justice through the courts in order to be made whole after such an event. However, each personal injury is different, and the circumstances surrounding your case may render it ineligible for filing a personal injury lawsuit. It’s important to understand what constitutes a personal injury case, and whether your specific situation requires assistance from a skilled attorney.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal dispute that arises when someone is injured and another party may be legally responsible for that harm. In most cases, the responsible person’s insurance company pays out the damages that the injured person is owed. Such damages may include medical expenses, pain and suffering, lost wages, and more.
Sometimes a personal injury lawsuit may arise out of a doctor’s or other medical professional’s negligence. These cases are referred to as medical malpractice lawsuits, and they require an attorney to coordinate with hospital lawyers and insurance companies.
Does My Situation Require a Personal Injury Attorney?
Not all personal injuries make good candidates for a lawsuit. However, there are a few scenarios that require a skilled personal injury attorney to navigate. These include the following:
Serious Injury or Permanent Disability
If you sustained a serious injury that required ongoing medical care, it’s best to secure a lawyer to help navigate your case. Especially if you become permanently disabled as a result of your injuries, it’s critical to have a plan in place to secure the resources you need.
Fault Is Not Apparent
When an accident happens and it’s unclear who’s to blame, hiring a personal injury attorney can help you determine who’s at fault. During such a scenario, it’s common for the defendant’s insurance company to attempt to blame the victim for their damages. Speaking to an attorney can help ensure your rights remain protected and can help avoid counterclaims and cross-claims.
Multiple Parties Involved
Personal injuries that involve more than two parties can quickly become complex. Not only is it more difficult to determine fault, but these cases require each party to coordinate with multiple attorneys and insurance companies to ensure damages are paid out. Having a skilled attorney by your side will help ensure a smooth legal process.
Denied or Delayed Claims
Insurance companies count on the fact that most people do not understand the legal procedures associated with a personal injury claim, using consumer ignorance to their advantage so they can avoid paying out damages. If you have had a personal injury claim denied or unreasonably delayed, it’s best to seek help from a personal injury lawyer.
What Should I Expect During a Personal Injury Lawsuit?
Generally, there are two ways in which a personal injury lawsuit can play out: formal lawsuit or informal settlement. With a formal lawsuit, the injured party will file a civil complaint against another person, business, corporation, or government agency, alleging carelessness or negligence in connection to the injury that was sustained. According to current U.S. Bureau of Justice Statistics (BJS) data, roughly 5% of personal injury lawsuits go to trial.
For the other 95%, informal settlement is how most personal injury cases are resolved. Through this method, negotiations are made between the parties involved in the dispute, their insurance companies, and their attorneys. Once an agreement has been reached, it is put into writing and each party signs a statement forgoing any further legal action and agreeing instead to resolve the issue through payment of an agreed-upon sum. Settlements range in amount, typically ranging from $3,000 to $75,000 or more. Approximately 70% of personal injury cases result in a payout for the victim.
Peters Law Firm: Omaha’s Personal Injury Attorneys
Whether your case goes to trial or is resolved via informal settlement, the knowledgeable personal injury attorneys at Peters Law Firm have the expertise you need to navigate your case. We’ve helped countless clients recover the damages they’re owed following a serious accident or injury. Get the legal advice you need for your personal injury lawsuit by contacting Peters Law Firm for a consultation today!