When it comes to a personal injury lawsuit, there are a handful of critical intricacies that determine the suit's merit and eventual failure or success. Let's take a look at the key components of the typical personal injury lawsuit.
1. Negligence
If another person acted in a negligent manner, meaning failing to provide due care to others, and consequently caused harm to another person, the injured individual has solid legal footing for a personal injury lawsuit. While we are not all directly responsible for one another's safety, if our actions (or lack thereof) cause harm to another person, we can be sued for negligence. If negligence is proven in a court of law, the negligent party will be forced to pay damages as detailed in the court's judgment. Often times, cases do not reach this point as the defendant's counsel typically tries to settle cases in which their client appears to be negligent.
2. The Complaint
If your personal injury attorney is highly skilled and hard working, he will present a solid case in the complaint. This is the initial legal document filed with the court and served to the defendant. It explains why the plaintiff is bringing a lawsuit against the defendant and lays out evidence in support of the document's claims.
3. Gathering Evidence
In order to prove negligence, a personal injury attorney must collect high-quality evidence. Examples of evidence in personal injury cases include police reports, medical records, witness statements, pictures of the accident scene, truck black boxes etc. Sometimes, all it takes is one solid piece of evidence to convince the defendant's counsel to float out a substantial settlement offer. In other instances, the combination of different pieces of evidence is enough to obtain a favorable judgment or settlement offer.
4. Negotiations
One of the most important functions that a personal injury attorney performs is negotiations with opposing counsel. If he presents a solid case in the complaint and gathers critical evidence to prove the defendant's negligence, opposing counsel will likely initiate settlement negotiations. In some instances, the plaintiff's attorney will launch settlement negotiations with his client's approval in an attempt to convince opposing counsel to bypass a time consuming, laborious trial that both parties would rather avoid.
5. Compensation
Those who ally with savvy personal injury attorneys typically receive some sort of compensation either through a settlement or a court's judgment. This compensation can cover medical expenses, lost wages and pain/suffering.
1. Negligence
If another person acted in a negligent manner, meaning failing to provide due care to others, and consequently caused harm to another person, the injured individual has solid legal footing for a personal injury lawsuit. While we are not all directly responsible for one another's safety, if our actions (or lack thereof) cause harm to another person, we can be sued for negligence. If negligence is proven in a court of law, the negligent party will be forced to pay damages as detailed in the court's judgment. Often times, cases do not reach this point as the defendant's counsel typically tries to settle cases in which their client appears to be negligent.
2. The Complaint
If your personal injury attorney is highly skilled and hard working, he will present a solid case in the complaint. This is the initial legal document filed with the court and served to the defendant. It explains why the plaintiff is bringing a lawsuit against the defendant and lays out evidence in support of the document's claims.
3. Gathering Evidence
In order to prove negligence, a personal injury attorney must collect high-quality evidence. Examples of evidence in personal injury cases include police reports, medical records, witness statements, pictures of the accident scene, truck black boxes etc. Sometimes, all it takes is one solid piece of evidence to convince the defendant's counsel to float out a substantial settlement offer. In other instances, the combination of different pieces of evidence is enough to obtain a favorable judgment or settlement offer.
4. Negotiations
One of the most important functions that a personal injury attorney performs is negotiations with opposing counsel. If he presents a solid case in the complaint and gathers critical evidence to prove the defendant's negligence, opposing counsel will likely initiate settlement negotiations. In some instances, the plaintiff's attorney will launch settlement negotiations with his client's approval in an attempt to convince opposing counsel to bypass a time consuming, laborious trial that both parties would rather avoid.
5. Compensation
Those who ally with savvy personal injury attorneys typically receive some sort of compensation either through a settlement or a court's judgment. This compensation can cover medical expenses, lost wages and pain/suffering.
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