Personal Injury Claims in Civil Court
A personal injury case is a legal dispute that arises when one individual suffers an injury due to the negligence of another individual, and that individual may be legally liable for that injury. Often, the responsible party’s insurance company will settle the case with the victim for medical benefits, pain and suffering, and all other ongoing medical costs. Sometimes, however, victims pursue a case in court, hoping to receive more compensation for their suffering. Personal injury lawyers are specially trained to handle such cases. These lawyers are often employed by the insurance companies themselves, to protect their own interests.
In a personal injury case, if the liable party’s insurance carrier settles the case without going to court, the settlement amount is paid to the victim in full, with no deduction for punitive damages. This means that a victim who receives an amount equivalent to two to five times his or her own earning capacity will be left with no extra funds to cover living expenses, repair costs, or any other out-of-pocket expenses. This does not include the compensation for the time away from work, lost earnings, and/or any additional wages that the victim would have been able to earn based upon his or her previous employment. Once a victim receives this kind of compensation, he or she is usually unable to file another accident claim against the company responsible for the accident, unless he or she can show proof of a substantial impairment to his or her earning capacity.
When you hire a personal injury case lawyer to represent you, one of the first things that your lawyer will do is determine whether you should proceed with a lawsuit. Based on what has happened, your attorney may decide that you should press charges against the defendant. Some attorneys will decline to pursue a lawsuit, citing the fact that the defendant has insurance coverage of some type. Other attorneys, however, will aggressively pursue cases even if they believe the defendants are at fault.
If your personal injury case moves to court, either by your filing or your attorney filing, it will proceed as a legal matter. There are a number of issues that courts will take into consideration at this point. One of these damages. The court will determine what damages your injured person should receive as a result of your injury. Some damages are clearly set forth in the law, while others are awarded on a case-by-case basis.
The final step in a personal injury case’s progress is what is called an informal settlement. In informal settlement proceedings, both sides reach a mutual agreement regarding the terms of the settlement. The injured person may agree to accept a lesser amount of monetary damages. Alternatively, he or she may opt for a more extensive form of justice, in which case he or she may ask for punitive damages. The type of response you make to these questions is entirely up to you and your personal injury lawyer. Your legal representative will help you make the right decision regarding the nature of the settlement.
Once all the parties involved in your personal injury lawsuit have reached a settlement, there will be a confirmation hearing. At this point, all records regarding your accident will be made part of the official record of the case, as well as any testimony you provide regarding the accident. All this information is kept in the public record to serve as proof if the case goes to trial. Any damages received as a result of your injuries will be added to these final documents, making them part of the official records of your personal injury lawsuit.
If you are a plaintiff in a personal injury case, one thing you must be aware of is that the statute of limitations in civil court matters tends to run out after three years. This means you could be waiting for a long time before you receive compensation. If you have been receiving medical care for injuries sustained during the accident, you may also have a limited time to file a claim against the responsible party. If all of the medical treatment and rehabilitation doesn’t resolve the problem, you should consult a personal injury attorney to see what additional steps you can take.
In summary, if you have sustained any kind of physical damage as a result of another person’s negligence, you can file a civil court claim for compensation. If the responsible party does not agree to make compensation, a judge may issue an order allowing you to proceed with the legal proceedings. If the defendant does agree to make the necessary payments, the court may issue an order allowing the responsible party to pay you the full amount of damages. As long as you are a plaintiff in a personal injury case, you should not hesitate to seek compensation from the responsible party through the court system.