Mishaps occur suddenly in the form of serious illness or injury or accidents. Personal injury can be due to negligence of someone else. It includes car collision or walking on the road or slip & fall or animal attack & bites, etc. Even medical malpractice is categorised under personal injury. If you are the victim of an accident or an injury, then you have the right to file a lawsuit. Let’s first understand the basics of personal injury lawsuit.
When a person is injured in an accident due to someone else’s negligence, then a personal injury case is filed. These legal dispute proceedings get conducted in the civil court to find who is legally at fault. Majority of personal injury lawsuits get resolved via informal settlements outside the court.
- Formal lawsuit – The plaintiff files a civil complaint against the dependant [can be a business, corporation, person, or government agency litigating that there was an irresponsible or careless action associated with the accident they were involved in and got injured.
- Informal lawsuit – Disputes over responsibility or negligence for an injury or accident get resolved before filing of lawsuit. The attorneys from sides, insurers, and involved person/s negotiate via informal settlement. A written agreement follows the negotiations, where both sides waive further action. Matter gets resolved via payment of a negotiated and agreed amount.
Statute of limitations
A plaintiff has to file the lawsuit in a limited time, which is known as ‘Statute if Limitations’. It starts, when the petitioner gets injured. The Statutes of limitations differ and is based on injury types.
Get professional personal injury lawyer
A personal injury petitioner may be entitled for compensation associated with their sufferings. If you are the victim residing in Los Angeles, then you must contact El Dabe Ritter trial lawyers. The team excel in oral advocacy and negotiation. You can go for a free consultation and get to know whether you are entitled for compensation against medical expense, emotional distress, loss of income, mental anguish, etc. the lawyers will even protect you from being persecuted by insurers and legal system.
Role of personal injury attorneys
Personal injury lawyers specialize in Tort Law. It is a field that covers civil or private wrongs or injuries including bad faith actions and defamation. Tort Law aims to help the injured party and discourage others from being negligent or act responsibly. The task of the lawyer is similar to majority of litigators. They handle cases right from inception all through the appeal.
- Potential clients get screened and evaluated to get familiar with their case merits.
- Negotiate with the insurers.
- Gather evidence, research case law, and formulate legal theories.
- Draft discovery request, pleadings & motion.
- Conduct interviews and deposition of the witnesses.
- Represent plaintiff in trial court.
Many personal injury lawyers represent clients on contingency basis. They get a percentage of plaintiff’s eventual compensation, after the case gets resolved. It means there is no need to pay a fee until money gets recovered. As they are familiar with court proceedings, which ensures that every step is taken legally.