Personal Injury Attorneys
Personal Injury Lawsuit
A personal injury lawsuit can be filed when someone else’s negligence is responsible for injuries that you or your loved one have sustained. Long-term physical damage and emotional damage can wreak havoc on a person’s personal and family life, and affect their earning potential, which happens often whenever another business or person causes an accident.
Civil personal injury lawyers can right these wrongs by seeking a settlement or taking the perpetrators to court, which can help in several ways. For one thing, victims of personal injuries will receive the compensation and justice they deserve. It also discourages situations like this from ever happening again.
How a Personal Injury Case Is Determined
Personal injury lawsuits begin with an injured plaintiff. If someone is held legally responsible for either causing or not doing enough to prevent an injury, they can be taken to court. The person who caused the accident or injury becomes the defendant, while the injured individual becomes the plaintiff. It’s important to note that not every injury a person suffers will automatically lead to a personal injury lawsuit.
First, an individual would need to become injured. An example of a physical injury is if at a grocery store you slip and fall because there was no wet floor sign to mark a wet floor and you break your arm. On the other hand, an example of property damage is if you slip on a floor at the store and break your phone.
Secondly, the only way a case can be brought against an individual is if the injury was caused due to carelessness or negligence. The case you file with your attorney must show that the accused acted negligently. The next section explains what elements of negligence are required in order to support your suit.
Finally, it must be established that an individual suffered personal and financial harm. For instance, if you were in a car accident and you became paralyzed as a result of it, the court would award you damages for your medical bills and lost wages.
Elements of Negligence
The majority of personal injuries are negligent, while only some are intentional. While laws can differ by state, the plaintiff is usually required to show that the defendant was negligent through the following elements:
- Duty: You must be able to prove that the defendant had a duty to care for the plaintiff. For instance, if a couple of aisles inside of a store are wet, the manager should place wet floor signs in these areas to avoid the risk of falling.
2. Breach of Duty: A plaintiff must provide evidence that the defendant was in breach of their duties by not responding accordingly.
3. Causation: The plaintiff must be able to prove that their personal injury was suffered due to the defendant’s breach of duty.
4. Damages: Due to the plaintiff’s injury, damages must also have been sustained.
Steps to Take in a Personal Injury Case
Once you’ve consulted your medical professional and considered filing a personal injury case, there are several steps that must be taken that are central to cases that involve slips and falls, motor vehicles, and other personal injuries.
- Contact a Lawyer: Reach out to a lawyer who has years of experience working with personal injury lawsuits. Their strategic approach towards evaluating cases helps them determine whether or not you can pursue a personal injury suit, and how much of a settlement you might be able to receive.
- Build a Case: Once a retainer agreement has been signed, your attorney and their legal team will review your entire case, including your injuries as well as how they were caused, the evidence associated with your claim, your employment’s wages and history, your family’s situation, or anything else that can add credibility to your claim.
- Settlement Consultations: A demand letter will be sent to either your insurance company or another party by your attorney. It will lay out the case for damages. Most times, a lawyer can get a sizable personal injury settlement for you that will help you get back on your feet again.
- Filing Your Case: If the defendant rejects the settlement or offers a significantly lower amount of money, your legal team can file a lawsuit to help you receive the best possible compensation.
- Discovery: This period of time is when both sides of the suit share requested evidence and documents. The attorney will try to track down as much documentation as possible from the other side to strengthen your case.
- Trial: If for any reason the case isn’t settled, it will go in front of a judge and jury. The attorney will interview witnesses and attempt to argue your case.
Damages You Can Claim in a Personal Injury Lawsuit
The following damages could be claimed in your lawsuit:
- Medical Expenses: This includes physical therapy, medications, surgery, or medical care.
- Future Medical Expenses: These are estimated based on how much any future medical treatment will cost, including surgeries and doctor visits.
- Lost Wages: This involves any time missed from work to recover, including doctor’s visits and future income you’ll lose, because you’re not able to perform the duties of your job to your full capacity in order to advance in your field or earn promotions. It can also include income you’ve lost because you had to change careers.
- Property Damage: This covers any damage your belongings sustained in the incident, including vehicles or homes and any associated replacement or repair costs.
- Pain and Suffering: You’ll likely experience discomfort and pain after an accident. Suffering is taken into account as well. You can receive compensation for that, too.
- Emotional Suffering: There are some incidents that can cause severe emotional distress, which can lead to PTSD, anxiety, or even fear. In some instances, this type of suffering can be included in deliberations for pain and suffering. Examples of psychological or emotional trauma can include being involved in an accident or witnessing it, violent attacks, or severe injury, mental anguish due to deformity, and suffering extreme embarrassment in an online or public setting. There are a variety of other instances that are not included in this list.
- Loss of Relationships: Your injuries could make your relationships suffer with your spouse, children, or your parents. Damages should be recovered for this. Loss of consortium is a term that describes a damaged relationship with your spouse.
- Loss of Enjoyment: Injuries can take away a person’s ability to enjoy things they used to do, like gardening, art, or playing sports. Your personal injury lawyer could help you receive compensation for these damages if this situation has happened to you.
Personal injury lawyers can help you get through a rough time after an injury has been sustained and recover anything you might have lost in the process.
What My Personal Injury Case Is Worth
The next thing you may be wondering is how much your personal injury suit could be worth. Your case’s value is determined by several important factors, such as the circumstances surrounding the accident, how severe your injuries are, and limits placed on insurance coverage. Case value is the primary factor with regard to how much the plaintiff could receive in damages:
- Pain and suffering
- Loss of consortium
- Loss of wages/earning capacity
- Future medical bills
- Past/current medical bills
Some of these factors under consideration may not have a clearly defined value right away, but based on past experience from our attorneys, they could offer a projected case value after your statements, police records, medical evidence, and additional evidence, including the regression or progression of your mental and physical state after an accident have been assessed. When a personal injury attorney has the entire picture of what happened in front of them, it will give you and them an idea of what to expect from a personal injury case.
Why File a Personal Injury Lawsuit
Personal injury cases serve an important role. When an individual suffers an injury that another person caused, they could be left with lost wages, mounting medical bills, and other expenses they should never be responsible for.
The change to an individual’s life could range from a simple inconvenience to a situation they may not be able to deal with. This is why personal injury cases exist in the first place. The plaintiff (you) can hold a negligent business or person accountable and receive the compensation you need and so rightfully deserve.
If you’ve been injured and need to file a personal injury suit in order to receive compensation, contact one of our lawyers today.
How Personal Injury Attorneys Can Help
Personal injury attorneys provide a variety of services, including:
- Explanation of Rights: Personal injury attorneys will explain to you how your rights could be affected through an accident. He or she will help you understand any other legal issues that could apply to your situation. Laws regarding negligence vary from state to state, including how long a complaint related to an accident can be filed.
- Offering Advice: Personal injury attorneys have a thorough understanding of the entire legal process, including medical and insurance terms and legal procedures. They will explain it to you in a way that you can understand and ensure that no important paperwork is overlooked. Injury victims also experience stress, frustration, anger, or fear. Personal injury lawyers understand how you’re feeling, and will give you unbiased opinions to assist you in making the best decisions possible so that your emotions aren’t clouded by negative thoughts.
- Legal Representation in Court: A majority of personal injury suits don’t end in a trial. Most times, the negligent party will settle a case before a suit is even filed. If, for example, an insurance company attempts to deny a claim, a victim may need to undergo a civil trial in order to recover expenses.
Lawsuits are a lot more complicated than most people realize. There are rules and procedures that must be strictly followed. It is recommended that you should not try to take on the task of going to court by yourself.
Knowing the Tactics that Insurance Companies Use
A considerable part of the litigation process often involves dealing with an insurance company that may be representing a defendant. It is common for an insurance assessor to be dispatched by the insurance provider to help determine the level of injury and to perhaps talk with the victim about a settlement.
It is very important to remember that insurance company representatives do not have the victim’s interests or needs in mind. First and foremost they are employees of the insurance company and are trained to obtain sensitive information about the victim and their injury. All of which the insurance company can and will use against the injured party in a court of law.
Employing the services of a law firm will assist in answering questions the insurance companies will ask and provide direct correspondence with the insurance company through the firm.
Contact The Eichholz Law Firm
The Eichholz Law Firm has experienced personal injury attorneys who have helped victims recover hundreds of millions of dollars in legal action.
Call the Eichholz Law Firm today at (855)-551-1019 or fill out an online form for a free consultation.
Please seek the advice of a medical professional before making health care decisions.
At the Eichholz Law Firm We Are Lawyers That Care About You
Our clients are at the center of everything we do and our team is focused on delivering results. We are committed to fighting for justice and increased social responsibility in our community.
Our objective is to provide expert legal services in an effort to maximize results for clients who have been injured through the negligence of others.