Personal Injury Lawsuit – The Basics

It is a fact that mishaps are common and it does give pain and confusion when an injury happens during the accident. When you or your loved ones suffer an injury due to an accident caused by another person then you have the legal right to file a personal injury lawsuit against that person who caused the accident. If you want to take legal action against the person, here are a number of common questions that you may have about a personal injury Lawsuit.

What is a Personal Injury Lawsuit?

When you suffer an injury in an accident caused by another person and if you decide to file a legal case against the person and claim compensation for the injury, it is called a Personal Injury Lawsuit. You or an injury attorney Evansville Indiana representing you can file it.

When you file this lawsuit and win the case in a court, the insurance company of the other person will pay the compensation money to you for the losses incurred to you due to the injury such as medical expenses and personal mobility loss.

You need to appoint a Personal Injury Attorney to formally file this legal case in a civil court, and the attorney represents you in court and follows legal proceedings. This step is very important as you may not be knowing how to calculate the claim amount correctly compared to the professional personal injury lawyer.

This legal proceeding will be initiated by the personal injury attorney by filing a civil complaint against the person or business or government agency who caused the accident. The attorney will argue on behalf of you at court and try to establish the opposition at fault and claim rightful compensation for the injury and losses incurred by you due to the accident.

This legal step is called “filing a lawsuit”. The responsibility of the personal injury attorney is to find the other person at fault with arguments and evidence from the accident.

Informal Settlements in Personal Injury Cases

In many personal injury lawsuit cases, the opposition party who caused the injury will understand that he is at fault and he may have to pay a huge compensation amount if the case goes to a legal court. So, he and his attorneys will approach you or your legal attorney for a settlement to avoid legal proceedings.

This is very common and if you decide to agree to a settlement out of the court, then the attorneys of both of you will discuss and come to an amicable settlement amount for the injury and losses you suffered. But it is advisable that in case the injury and the losses are huge, it is better to go file a personal injury lawsuit at the court which will yield proper compensation for the losses you incurred.

What is a “Statute of Limitations”?

Once the accident happens and you suffer an injury and you decide to file a legal suit, it must be done within a timeframe according to the State you are living in. Each state has a fixed time frame for filing personal injury lawsuits starting from the time the accident took place. Once the case is filed at the court, you file the detailed claims later.

To follow such timeframes and proper legal proceedings, the appointment of a personal injury lawsuit attorney becomes unavoidable.