This guest blog is from Jim Raz, an NYC personal injury lawyer, who has over 30 years of experience. Personal injury is one of the largest sectors of civil law. Individuals, families, businesses, and large corporations may be involved in a personal injury lawsuit. There are two basic components of a personal injury claim. There is a liable party, the defendant, and damages suffered by the plaintiff. If the personal injury lawyer is able to prove liability and damages, the California courts will award personal injury compensation for the loss.
Here are frequently asked questions about personal injury claims:
What is a Personal Injury?
Almost any sort of injury may be considered as a personal injury. For instance, not all personal injuries seem large at the outset. If an individual slips and falls on the pavement at the shopping center and has a concussion, he or she may not be able to work. Inability to work means lost wages, or quantifiable damages. In that case, the individual suffers physical and legal harm.
If an individual slips and falls but does not need a doctor, and he or she is able to go to work, there are no damages to consider in a court of law.
What Types of Personal Injury Claims Are Filed?
Almost everyone relies upon a car, truck, or motorcycle for business or pleasure. Owners assume that their vehicle is safe and reliable. Drivers also assume that others on the road operate their car, truck, or motorcycle according to the law.
Unfortunately, a vehicle accident can result from faulty parts or another driver’s negligence. At that time, it is important to contact Santa Rosa personal injury lawyers as soon as possible.
The injured party should never speak with the negligent driver’s insurance company. The insurer is typically the opposing party in a personal injury lawsuit. Their goal is to avoid paying a fair amount of compensation to the plaintiff. It is essential to hire an experienced personal injury lawyer as soon as possible. If the plaintiff cannot hire the personal injury law firm, his or her family may do so.
What Other Personal Injury Claims Are Filed?
In addition to vehicle claims, bicycle and pedestrian accidents may result in personal injury lawsuits. Dog bites may result in serious personal injuries. Slip and fall, landlord and tenant claims, and elder abuse are all types of personal injury claims made by injured victims.
What Does It Cost to File a Personal Injury Lawsuit?
A professional personal injury lawyer offers services on a contingency basis. The lawyer does not get paid unless the law firm wins the case and collects damages for the injured person.
What Happens After a Personal Injury Lawsuit is Filed?
The injured driver is the plaintiff. The person responsible for injuring the plaintiff is the defendant. The defendant will engage an attorney and the insurance company will also have legal counsel.
The attorneys engaged in the case gather facts through the discovery process. They exchange documents, present interrogatories (questions), and hold depositions. A deposition is a kind of preview of trial. The individual being deposed must answer questions under oath.
What Happens If My Case “Settles?”
Settling the case means that the plaintiff agrees to accept a sum of money in exchange for dropping the action against the liable party. The plaintiff then signs a release to absolve the other party or parties of future liability. An experienced personal injury lawyer assists the client by presenting the settlement offer. He or she can offer professional perspective about whether the claim if pursued in court will succeed.
A settlement offer can be received at any time after a lawsuit is filed. The defendant or insurance company can approach the plaintiff’s counsel before trial or even before a jury verdict is reached. The personal injury attorney cannot decide to accept a settlement offer. That is the client’s responsibility.
Many personal injury lawsuits settle “out of court,” or before a trial. However, the experienced personal injury law firm always proactively prepares for trial.
What Happens After the Plaintiff’s Personal Injury Lawyer Wins the Case?
If the plaintiff wins the case, the judge or seated jury awards him or her money, also known as damages, for suffered injuries. Damages include compensation for lost income and medical bills. Future income or wage losses are likely when the plaintiff is seriously injured. Damages may also compensate the plaintiff for suffering, physical pain, and mental anguish. Disability or disfigurement from the injury may also be part of the compensation awarded at that time.
Is the Defendant Punished If the Case Goes to Trial?
No, the personal injury lawsuit is typically tried in civil court. Defendant(s) in a personal injury lawsuit are not punished with jail time. Occasionally, when a personal injury case involves a liable party with an intention to harm the victim, punitive damages may be awarded. This is an unusual occurrence.