A person who has suffered personal injury can hire a lawyer and file a lawsuit against the party who caused them injury. Personal injury can include accidents where the person was injured or malpractice where a mistake occurred during a medical procedure. Personal injury cases are part of civil law cases. This is where the party who has filed the complaint in court is seeking financial compensation for damages. This is different to a criminal case where the nature of the crime is criminal and criminal charges are being pressed.
Steps In A Personal Injury Case
There are many steps in a personal injury case and many depending on the circumstances many ways the case can go. Some cases go to trial whilst others are resolved out of court.
Hiring A Personal Injury Lawyer
A person seeking compensation for a personal injury case needs to hire a personal injury lawyer to represent them. A personal injury lawyer is a qualified lawyer with experience specifically in civil litigation and personal injury cases. Usually a lawyer dealing with personal injury law is more experienced in tort law than other lawyers. This refers to law that falls under civil wrongdoings, economic damage to a person, or defamation cases where a person’s property or reputation is damaged.
Filing A Complaint
In order to make a claim for personal injury compensation, an official complaint needs to first be filed by the person claiming injury. Once a lawyer has been hired, the official complaint can be lodged. This is the official lodging of a lawsuit against the party accused of causing damages.
The common option in a personal injury case is for the case to be settled through an informal settlement agreement. This is where the two parties involved in the dispute come to an agreement through negotiation. This negotiation normally involves the lawyers for each party and insurance companies. If negotiation works then the aggrieved party will receive an agreed upon amount of money as compensation.
Going To Court
If an informal settlement agreement cannot be negotiated out of court then the case goes to trial with a judge and jury to gain an official judgement. This option is costly and will take a long time for the case to reach the courts. Personal injury court cases occur when the two parties cannot come to a fair amount of compensation to settle for or when the defending party does not agree to provide compensation. The aggrieved party will then go to court to ask the judge to award compensation to them for the personal injury. Let me know your thoughts!