The fact that accidents happen all the time does not take away from the sorrow and bewilderment that can occur when you or a loved one is involved in one. You may have a lot of general questions about a personal injury claim if you decide to take action to defend your legal rights after an accident or injury. If you think you may have a personal injury case, let our Monroe injury attorney fill you in on what happens during a personal injury lawsuit.
What is a Personal Injury Lawsuit?
Personal injury cases are legal issues that develop when one person is harmed as a result of an accident or injury, and another party may be held legally liable. The wounded person’s medical bills, agony and suffering, and other ongoing medical expenses will be paid by the responsible person’s insurance company. Your personal injury lawyer will engage with insurance companies and hospital attorneys if the case concerns medical misconduct. A personal injury case can be established through the representation of a personal injury lawyer in a civil court process. This court session aims to determine who is legally responsible through a court ruling. However, such conflicts can be addressed through informal settlement before a lawsuit is filed.
Most Common Kinds of Personal Injury Cases
A variety of circumstances can lead to a successful personal injury claim, but keep in mind that an injury does not always imply legal liability. Let’s take a look at some of the most common personal injury cases.
Car Accident Cases
Car accidents are the most common cause of personal injury claims. When an accident occurs, it is usually due to someone not adhering to the laws of the road or not driving as cautiously as he or she should. For injuries resulting from an automobile collision, a careless driver can (generally) be held financially and legally liable.
Slip and Fall Cases
Another prevalent sort of personal injury litigation is a slip and fall. Property owners (or, in some situations, individuals who rent property) have a legal obligation to keep their premises fairly safe and free of risks so that visitors will not be injured. Of course, not all injuries on the premises will result in liability. The extent of a landowner’s legal duty varies based on the circumstances and the law in effect in the state where the injury happened.
When a doctor or other health care practitioner administers treatment that falls below the appropriate medical standard of care and a patient is hurt as a result, a medical malpractice claim may arise. However, it is indeed crucial to remember that a poor treatment outcome does not necessarily imply misconduct.
Defamation in the form of Libel and Slander
Defamation in the form of libel or slander, is an injury to a person’s reputation caused by false statements. Defamation plaintiffs must establish different things based on who they are and where the statement was made. The average person only needs to show that a false negative remark was made, and that genuine harm (financial loss) resulted from it. Celebrities and public personalities, on the other hand, must normally prove “actual malice,” which means they must show that the false statement was made either willfully or with reckless contempt for the truth.
Anyone damaged by the use of a car component, consumer product, medical device, pharmaceuticals, or other product may be entitled to file a product liability case against the manufacturer if the product is defective or unreasonably unsafe.
Intentional torts, unlike most other types of personal injury lawsuits, are not based on incidents caused by negligence or carelessness, but rather when one person intentionally hurts or injures another. These cases may also include the possibility of a criminal prosecution being filed against the wrongdoer. When one person physically attacks another, for example, that person may face criminal prosecution. In addition, the victim has the right to pursue a personal injury lawsuit in civil court to seek compensation for injuries sustained because of the attack.
Why Should You File a Personal Injury Lawsuit?
When an accident victim files a lawsuit, they are offered the opportunity to obtain monetary compensation for losses they obtained because of the negligence of another individual or an organization. While filing a lawsuit after a major accident may not be your first concern, an experienced personal injury attorney can assist you in determining the totality of your current and future losses and filing a claim from the entity responsible for your injuries.
An attorney may seek monetary compensation for the following in a personal injury lawsuit:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Physical and mental pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Permanent disability
A personal injury lawyer may seek compensation for burial costs, loss of support, loss of home services, and mental pain and suffering if a wrongful death happened. The purpose of monetary damages is to help the victim of a personal injury recover financially, physically, and emotionally. While a lawsuit cannot heal an injury or bring a loved one back, it can help a family deal with the financial burdens that come with a major accident which results in harm or death.
How does a Personal Injury Lawsuit Work?
Because no two accidents are alike, no two personal injury lawsuits will take the same path. From a big picture perspective, however, most personal injury cases follow a set of regular steps.
- Defendant Does Something to Injure Plaintiff. Apart from contractual violations, which are dealt with under a different body of law called as “contract law,” this can be nearly any wrongful behavior on the part of the defendant.
- Plaintiff Determines that Defendant Breached a Legal Duty. The specific legal duty will be determined by the circumstances of the injury. Drivers, for example, have a responsibility to operate their vehicles with the same amount of caution that a reasonable person would use on the road. Doctors are required by law to treat patients according to the accepted medical standard of care. Manufacturers and distributors have a responsibility to not release products that are defective or excessively harmful.
- Settlement Talks Occur. If the defendant (or the insurance company representing him or her) has clearly breached a legal duty, the defendant (or the insurance company representing him or her) may choose to settle outside of court. This would entail making a monetary compensation offer to the injured person in exchange for a legally binding agreement not to initiate a lawsuit over the harm.
When a plaintiff accepts a settlement, the case is over. If not, the plaintiff may take the case to court and file a personal injury lawsuit. After the lawsuit is filed, negotiations can continue, and a settlement can be reached at any moment before the civil case is handed over to a jury for a determination of the defendant’s liability.
If you’re considering filing a personal injury lawsuit after an accident or incident, your best first step could be to speak with a Monroe personal injury lawyer about your circumstances (and your alternatives).
We can help you!
If you have been injured in an accident, you may find yourself in serious debt if you do not receive the compensation you are entitled to under the law. Not only will you require costly medical care in the long run, but you will also miss out on wages if you are injured in a car or heavy truck accident.
Our Monroe personal injury lawyers will make sure you get all of the compensation you deserve for your medical bills, lost earnings, property damage, and mental distress. Personal injuries frequently last much longer than the time immediately following an accident. It may be possible to recover debt-free from your injury if you have a tough attorney on your side.
Lawyers at E. Orum Young, since 1982, has fought for your rights as your bankruptcy attorneys, and they may also be relied on to help you in your personal injury case. We are compassionate and thorough, and we will be there for you every step of the journey. Insurance companies have several incentives to refuse or decrease claims, as we all know. That does not sit well with us. You can get the help you need to recover from an accident that was not your fault with our assistance.
We are available 24/7 to schedule an appointment. Northeast Louisiana Legal Services has honored E. Orum Young three times as a community leader by honoring him with the Pro Bono Attorney award for his dedication to assisting his community. This is a law firm that cares about the community and gives back to it.
Take the first step toward recovery. Give us a call and we’ll set up a free consultation with one of our Monroe, Louisiana Personal Injury Lawyers.