If you are reading this, then you’ve probably been in an accident and you’re thinking about starting a personal injury lawsuit against an individual, a government’s office or a business. It is probably a good thing then, if you’re in such a case, to hope that you’re okay and that your legal process is handled in a swift and favorable way for you.
Now, if you are thinking of starting a legal process, then it is always helpful to be as prepared as you can before you start, so that you know exactly what you’re up against. Your Legal Advisor will be able to walk you through every aspect of the process but I thought it would be helpful for you to begin with the basics of what these procedures will be about. So, here they are, three aspects of what a personal injury is.
- Are you entitled to compensation: Most personal injury claims in the US are established on the grounds of negligence. This means that if you were the victim of an accident while you were inside a business, for example, because the manager failed to maintain a safe environment for their costumers, then that means that you’re in fact entitled to compensation. You or your lawyer will need to demonstrate that, at the time when you sustained your injury, the conditions of the business, shop or store were unsuitable.
- If you think you have a case, pursue the matter: This is one of the basic aspects of this kind of lawsuits; even if you were at fault when the accident happened, you could still have a case. Many states have a comparative negligence model, this means that if your injury is rated at X amount, this comparative model will determine how much of that amount you’re entitled to, if you had some responsibility in the accident.
- Understanding is also essential: Most of these cases can be settled outside court. These settlements are prepared in advance and the person at fault or their insurance companies will go through a collaborative process with you, your lawyer or both. You will all try to find the best-case scenario for all the parties involved. Do pay attention of what you’re offered and consider the costs and time you will be spending, should you chose to pursue the matter further. If you’re definitely not convinced then you can go to trial.