How Do You Navigate a Personal Injury Case?

Ernest Warhurst

January 26, 2023

Navigate a Personal Injury Case
A Personal Injury case can be a tricky situation to navigate. There are many different things to consider, including liability, damages, and the timeline. However, there is help out there. This article will look at how to navigate this kind of case.

Timeline

If you’re wondering how long a personal injury lawsuit will take, the answer is “a long time.” The amount of time a lawsuit takes depends on several factors. You should consult an experienced personal injury attorney to determine the best path for your case.

Most personal injury cases settle before trial. This is because it is expensive to litigate a claim. An insurance adjuster may offer an initial settlement. However, these offers could be much higher in value.

Whether you take the initial offer or proceed with litigation, your attorney should be diligent in moving your case. The sooner you contact an Atlanta personal injury attorney, the more likely your lawsuit will be settled promptly.

Your attorney will serve a summons on the other party. They will also begin gathering evidence. A police report is an excellent place to start. Medical records will also be collected. These include the patient’s injuries, procedures performed in an emergency room, and long-term treatments.

Liability

Liability is the legal concept that allows the plaintiff to hold a party accountable for any damages. This can happen when a person is injured in an accident. It can also apply to business disputes and product liability claims.

The injured party must prove that another party was negligent in establishing liability. The injured party must also show that the negligent party should pay for any damages incurred. Damages may include pain and suffering, emotional distress, medical bills, and property damage.

The plaintiff can pursue a personal injury lawsuit if the defendant cannot pay the damages. A jury will determine if the defendant was negligent. Depending on the circumstances, the injured party may be able to file a civil suit or a criminal charge.

Proving liability in a personal injury case is complex. Most cases settle without a trial. However, some cases require a jury hearing. Having a lawyer help you are a great way to ensure you receive the compensation you deserve.

Damages

The number of damages in a personal injury case can vary widely depending on the circumstances of the accident. There are two main categories of damages: economic and non-economic.

Economic damages are monetary losses. They are calculated on the property’s fair market value at the time of the incident. This means that, for example, if a lamp costs $2,000 and you sustain burns from a car accident, you might be awarded compensation for the cost of repairs and replacement.

Non-economic damages, or “pain and suffering,” are less tangible and involve emotional distress. These include things like anger, fear, and frustration. It is difficult to measure the value of these losses accurately, so the parties often hire an expert to estimate them.

A jury or judge can determine the number of damages. Damages can be awarded for lost wages, medical expenses, and physical or emotional pain and suffering.

Depending on the circumstances of your case, you may also be able to recover for lost earnings, embarrassment, or property damage. In addition to these damages, you may be entitled to receive future economic and non-economic damages.

Pre-trial process

The pre-trial process in a personal injury case is a vital legal process. It gives the injured party a chance to get an idea of the compensation they can expect.

To make a claim, the injured party must file a lawsuit. They should then consult an experienced personal injury attorney. These attorneys can gather evidence and prepare the case for trial.

Personal injury trials can take years to resolve. Many cases will be settled before they even reach the courtroom. This can save both parties time and money.

The pre-trial process involves many steps and deadlines. Some of these include a preliminary conference. An opening statement is given by the plaintiff and the defendant’s lawyers. Each side is asked to provide evidence to support their claims.

Discovery is a formal process by which the attorneys for both sides investigate the accident. They may call witnesses to testify and collect evidence. Documentation, such as medical records and scene photos, is essential in proving the case’s viability.