Personal injury is a broad term that includes different types of injuries and claims. If you have suffered a personal injury, you could be entitled to claim compensation under a variety of laws. But this will depend on the circumstances of your case.
In this article, we will explain what types of injury can result in a personal injury lawsuit, the steps that the case will involve and how a personal injury lawyer can help you.
Before we get to the steps you should be aware of in a personal injury lawsuit, it is important to know the different types of personal injury cases there are. You should also know that every personal injury case is unique. The most common types of personal injury include:
Other examples of cases that will entitle a person to file a personal injury lawsuit include workplace accidents, dog bites, Brain, birth, burn and spinal cord injuries
As earlier mentioned, every personal injury case is unique and there is no universal method to handle personal injury lawsuits. However, there are general steps that will be involved in a personal injury lawsuit. They include:
After you have received treatment for your injuries, you should schedule a consultation with a personal injury lawyer. Together with him or her, you will be able to establish the facts of your case. This includes the following:
Your personal injury attorney will need all the necessary paperwork that will help strengthen your case. This includes medical records and receipts, police reports, accident scene photographs, witness testimonies, your employment history and earning power and lots more. To this end, you must keep adequate records of all transactions that occurred since you sustained the injuries.
At the time of consultation, most personal injury attorneys provide their services for free and a few offer their services on a contingency basis. This means that they will only get paid if you win the case.
Going to trial can be expensive and time consuming, so lawyers will try to resolve the case outside the courtroom. This can be done in any of the following ways:
The complaint is a document which details everything about the case. It also has a section usually at the end called the "prayer of relief". It explains what you as the plaintiff wants the court to do. It could include the amount of compensation you want the court to award. You could also choose to ask the court to award an amount to be determined later at trial.
The summons is a document that makes the defendant aware of legal action against them. The complaint is attached to the summons and filed with the court. In addition to this, the two documents must be delivered to the defendant. This is known as “Service of process”.
The defendant is given time to respond to the complaint and file a counterclaim if they feel that they have complaints against the plaintiff as well.
This is where both parties begin the process of obtaining evidence from one another. The reason for this is that both parties need to have access to all relevant information. Information can be obtained through any of the following ways:
If the case proceeds to trial without settlement, a jury will be called upon to examine the evidence and determine on the facts if the defendant is legally responsible for your injuries. The jury will also award compensation if they find that your case is proved.
If either party is dissatisfied with the ruling, they may choose to lodge an appeal with the Court of Appeals, and even up to the Supreme Court.
A competent and experienced personal injury lawyer can make all the difference between winning a personal injury lawsuit and losing it. At Oshan and Associates, we are passionate about helping you get the compensation you deserve in your personal injury case.
With two decades of experience achieving big wins for our clients, we have what it takes to help you. Call us for a free no-obligation consultation on (206) 335-3880 or (646) 421-4062.
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If you have been injured in a rear-end collision accident in New York the injuries sustained in this type of accident have the potential to be very severe. As a result, they cost the victim a lot in terms of injuries sustained, piles of medical bills to be taken care of, and potentially losing income. Call a personal injury lawyer today.