Negosentro| How to file a personal injury lawsuit? |If you are wondering whether it would be the right decision to file a lawsuit or not, you are in the right place. In this guide, all the information regarding how to file a personal injury lawsuit has been discussed to inform you regarding the things that you should know (as well as the information that the insurance companies are not willing to let you know).
Personal Injury can be defined as the situation in which an individual is experiencing losses and injuries due to the negligence of a third party. The plaintiff who is filing the lawsuit needs to prove 4 things in order to win a case.
- Duty– In this, the party against which you complaint, should owe a legal duty to the plaintiff,
- Breach– It has to be proved by the plaintiff that the party against whom the files have been charged have breached his legal duty,
- Causation– It has to be proved that it was due to the action/inaction of the party which has caused the injury
- Damages– The plaintiff has to prove that damages were caused by the other party.
The personal injury claims are of different types, out of which the car accidents, medical malpractices, slip and fall accidents are the major ones.
Guide to filing a personal injury lawsuit:
Personal injuries can be of different types but if you have sustained major injuries and you believe that it is due to the negligence of the third party, then you should first contact an attorney and follow his advice.
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Here mentioned are few important things that you should know about filing a lawsuit.
- No personal injury claims if you have not suffered any injuries– In case you had a car accident but haven’t sustained any injuries, you cannot file a lawsuit for personal injury. In this matter, there can be claims for personal damage.
- Know whether the injuries are major or minor– In case of major injuries, you need to take help from a lawyer. Though most of the minor cases can be settled alone without the help of an attorney, the case would however depend on the insurance companies.
- Do not give any recorded statement to the insurance company– This is one of the biggest mistakes that you can make. Never give any recorded statement to the insurance companies because they try to find gaps and loopholes to either reject your claim or reduce the cost. The insurers have received training for asking particular questions and you can lose your rights if you do not answer them in a certain way. Taking advantage of an attorney is important here.
- Find an attorney on a contingency fee basis– Look for the best attorneys through recommendations and web search. Always hire a lawyer that charges you on a contingent fee basis. This means that the lawyer should charge a certain amount only when the case is settled.
Once the lawsuit has been filed, it can either lead to settlement or trial. In settlement, the cases are sorted out by mutual agreement outside the court by both the parties. If your lawyer thinks that the other party is not ready to agree offer a fair settlement, then the case will be taken inside a courtroom where trial sessions will take place and the jury will take the final decision.