Have you ever wondered what a personal injury case is? If you have, chances are that you are one of the majority of people who have stumbled across this term online or in real life. Logically, if you’ve never experienced something like that, you’ve probably just seen it online (which is a much better option for you!).
However, almost all the most googled questions when it comes to this topic, are about trying to explain the whole process, both legally and logically, and not only that but also the way things can be done, the time and the resources needed and finally, the stages. Why is it like this? Are personal injury cases complicated?
According to many surveys, these cases are complex, and this is exactly why people usually need a lot of help in order to deal with them. Considering the fact that there is a huge variety of these cases, and that there is at least 10 or 15 of the ones that are most common – such as motor vehicle or workspace accidents, medical malpractice or products liability, it doesn’t come as a surprise that lawyers and law companies have a lot of work on their hands every time they get to handle a case of this kind.
But what is a personal injury anyway? To be able to understand a phenomenon we first need to define it properly. Simply put, personal injuries are situations in which someone’s rights have been diminished by someone’s negligence or carelessness. What does this mean? Visit https://www.brandonjbroderick.com/ for more info.
It means that if you get any type of injury whether it is an injury that’s been caused by accident or intentional acts of someone – and whether it’s about your body, mind or reputation or anything else that falls under this category – you can seek legal rights and file a claim that would give your rights back or provide you with the right compensation in money.
To be able to file a claim like this, the most important thing you should know is that the injury has to be caused by someone else and not you. In other words, the person, company or any other party that did harm to you, needs to give you the right amount of money compensation if you manage to successfully win the case.
Before you dive into the process of personal injury claims, you need to be aware of several factors that might determine the outcome of your case. One of the most important factors you need to take into consideration is the time span in which you can file a claim.
Something could have happened 5 or 10 years ago but you need to know that if this is the case with you – the situation is not relevant anymore and you cannot expect the law to protect you. That being said, an essential part of having a successful personal injury claim is that your injury should have taken place 1, 2 or maximum 3 years ago . If your injury happened 3-years and 5 months ago you cannot seek legal help. There is also an option for you to file a claim for the members of your family or your loved ones, but there are also certain criteria that need to be met in order for you to do so.
What seems to be the biggest issue with personal injury claims, is the fact that people are more than confused with all the rules, procedures, strategies and parts of the process that they need to deal with and go through if they want to understand it and get the desired outcome.
Although every case is an individual matter, luckily there are several stages that every personal injury case needs to have, and being informed about them helps you tremendously and prepares you for indulging in this process. That being said, understanding everything from start to finish is what helps you prepare mentally for handling a case like this. Let’s dig into it:
1. Determining Whether or Not There Are Needed Elements
Although people think that this step is not of great importance, in reality – it is a much needed intro into the trial, because sometimes people think they can file a personal injury claim while in real life there are no such things as the needed elements. This is why it is crucial to collect proof and consult with law professionals to check if there might be a case and to discuss all the technicalities. After this, your attorney will start creating a personal injury claim.
2. Filing a Claim
The first step of the process is there to determine whether the case can exist or not, while the second step means that you have the claim prepared and you just need to file it. But what’s a claim whatsoever? Simply put, it is a piece of paper or a document that you need to file in one of the courts that are in charge. You need to physically file them, after which you can expect to be called to appear in court.
3. Attorney Consultation
To be able to appear in court, you first need to be prepared. What does being prepared for court mean? It means that you should get informed and make sure your insurance covers the cost and the fees that you need to pay along the way. There are several types of of attorneys or lawyers and their fees differ, so you can choose the one who’s fees and work policy fits you best.
This part of the process is maybe the easiest to understand, since it consists of asking for evidence and finding evidence on both sides, as well as the regular procedures such as asking witnesses, and it usually lasts for a long time – from a couple of weeks to even a couple of years, which is why you should be prepared to be a part of a long battle.
At this point, all the evidence has been already presented and now the only thing that is left, is the final decision – if your opposite party is guilty or not; or how they say it – at fault. If yes, you’ll get compensated in money.
6. Court Decision or a Settlement
You will get a written court decision or you have a chance to settle, and make those settlements official – which is also a great way to prevent long, uncertain processes.