Personal Injury Lawsuit - Limits and Considerations
It is no wonder that filing a personal injury claim is complex and confusing once you consider all the legal pitfalls and hurdles that must navigated in order to successfully prosecute the claim.
In order for any type of personal injury claim or lawsuit to succeed, your attorney will have to prove that your injury resulted from the "negligence" of some other party.
Proving negligence seems easy, but it is not.
First, you have to show that the liable party acted in an unreasonable manner.
Second, the negligent activity must have been the "proximate cause" of a physical injury.
And third, the injured party must present evidence, in legally admissible form, of damages such as medical expenses, lost wages, and pain and suffering.
When considering filing a personal injury claim, it is also important to understand that the burden of proof in the lawsuit will fall on you (the Plaintiff).
In a civil lawsuit, it is the Plaintiff who has to prove their case "by a preponderance of the evidence.
" In simple terms, "preponderance of the evidence" means the "greater weight of the credible evidence" presented.
Many believe that winning a personal injury claim is as simple as appearing before a judge and jury and arguing your case.
That belief is the farthest from the truth.
The trial is the culmination of months, and even years, of complex pre-trial procedure such as written discovery, oral depositions and mediation.
This is why hiring a personal injury attorney is your best bet in pursuing your claim.
Your attorney will investigate all the facts of your case and present it in the best possible format to the insurance carrier for optimum settlement value.
If the case does not settle, then your lawyer stands prepared to file a lawsuit on your behalf, if necessary.
During the lawsuit stage, your attorney will be acting in a dual capacity.
First, your attorney will be preparing your case for trial; and second, your case is also being prepared for possible settlement discussions or mediation.
When filing a personal injury claim, keep in mind that trial is most often avoided through mediation.
While this is not always the case, this does happen quite frequently as many insurance companies and lawyers prefer to settle the claims out of court.
A personal injury attorney can assist you during mediation to ensure that your rights are being protected and your best interests are being served during the process.
Again, working with an experienced personal injury attorney is in your best interest as prosecuting your claim can be very complicated.
In order for any type of personal injury claim or lawsuit to succeed, your attorney will have to prove that your injury resulted from the "negligence" of some other party.
Proving negligence seems easy, but it is not.
First, you have to show that the liable party acted in an unreasonable manner.
Second, the negligent activity must have been the "proximate cause" of a physical injury.
And third, the injured party must present evidence, in legally admissible form, of damages such as medical expenses, lost wages, and pain and suffering.
When considering filing a personal injury claim, it is also important to understand that the burden of proof in the lawsuit will fall on you (the Plaintiff).
In a civil lawsuit, it is the Plaintiff who has to prove their case "by a preponderance of the evidence.
" In simple terms, "preponderance of the evidence" means the "greater weight of the credible evidence" presented.
Many believe that winning a personal injury claim is as simple as appearing before a judge and jury and arguing your case.
That belief is the farthest from the truth.
The trial is the culmination of months, and even years, of complex pre-trial procedure such as written discovery, oral depositions and mediation.
This is why hiring a personal injury attorney is your best bet in pursuing your claim.
Your attorney will investigate all the facts of your case and present it in the best possible format to the insurance carrier for optimum settlement value.
If the case does not settle, then your lawyer stands prepared to file a lawsuit on your behalf, if necessary.
During the lawsuit stage, your attorney will be acting in a dual capacity.
First, your attorney will be preparing your case for trial; and second, your case is also being prepared for possible settlement discussions or mediation.
When filing a personal injury claim, keep in mind that trial is most often avoided through mediation.
While this is not always the case, this does happen quite frequently as many insurance companies and lawyers prefer to settle the claims out of court.
A personal injury attorney can assist you during mediation to ensure that your rights are being protected and your best interests are being served during the process.
Again, working with an experienced personal injury attorney is in your best interest as prosecuting your claim can be very complicated.