How to Deal with Personal Injury Lawsuit

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Personal Injury Attorney

To deal with a personal injury case first you will need to get a personal injury attorney. Your attorney will break down the tough nuts for you so that you can carry through the lawsuit process. But you will need to understand some basics about the personal injury law too. In that case let me take you through the process in three easy phases.

The Appetizer

Appetizers are used at the eve of a dinner. And in a personal injury case the appetizer part will contain the following “dishes”:

  1. An attorney.
  2. Evidences and witnesses.
  3. Contact info of witnesses.

Your attorney will get all the necessary info regarding your case. But you will need to co–operate as well.

The Main Course

Now that you are done with the appetizers as preliminary steps, time for the real deal. After getting all the info a case will be filed in the court. This is actually a legal paperwork to declare that you have a complaint against someone.

While filing the case you should know about the jurisdiction of the court. Suppose your complaint is against a guy named Jean. And Jean is a resident of Houston. So you have to file the case in the court of Texas. The court of Texas will have the jurisdiction over all its states including Houston.

After you are done with filing the case you are done with the main course. And after doing you lawyer will take further actions. All you have to do is co-operate.

The Dessert

The dessert part usually ends a dinner. And in a personal injury case the dessert will be your sweet victory along the way to succeed. Now your case may end up in two different ways. Either the defendant will arrange a settlement negotiation. In a negotiation the victim will be offered a certain amount of money for the expenses. If you agree with that then your case will end up right there. Otherwise the case will face a trial where the judge or jury will decide what happens. But most cases ends at a negotiation. However you win, a 90% chance of outcome is guaranteed if the case is handled properly.

 

Winston Churchill said that, “Success is not final”. And that is applicable here as well. But success is indeed the main part and objective of a case. So go through a proper process, get an attorney, and dinner is served!

 

Stephen Zee

 

19 Comments
  1. Jessica T

    February 14, 2015 at 9:42 pm

    Personal injury lawsuit plaintiffs often wonder how long their cases will take and when they will receive their settlements or awards. There is no typical personal injury case. Every fact pattern, issue, party, and injury differs, even if slightly. So, it’s impossible to make such an exact prediction. Despite case-specific nuances, most accident, injury, and fall claims are settled within one to two years. The longer estimate accounts for a trial and affords sufficient time for an appeal. Medical malpractice claims resulting in personal injury suits require a longer period to settle or complete, as they involve more complex issues and factors.

    • Pete P.

      February 15, 2015 at 3:32 am

      Also, by minimizing the effects of a serious prior injury, an adjuster or jury may suspect the legitimacy of the plaintiff’s current injuries. Consequently, they may not sufficiently consider the fact that the plaintiff may have had no history of treatment or complaints for a number of years, pointing to the current accident as the source of the injuries.

  2. David C.

    February 16, 2015 at 7:10 am

    Personal injury claimants can be their best advocates in championing their cases and establishing pain and suffering damages by following a few steps. Foremost, a claimant should maintain detailed records of pain and discomfort he or she experiences each day in a journal or other written format. The documentation should be detailed and should record the pain on a systematic scale several times a day, with comprehensive descriptions of the types of pain, how it feels, and its location on the body. Medical records, charts, doctors’ notes, prescriptions, and similar documentation should also be kept. This information is helpful to demonstrate to a judge or jury the extent of a claimant’s injury and what compensation is appropriate to address his pain and suffering.

  3. Markk

    February 18, 2015 at 9:53 am

    One of the major factors impacting the time period required for the lifespan of a personal injury lawsuit is the treating doctor’s prognosis for the injured claimant. Because pain, suffering, and other types of injuries are part of the compensatory damages for which a claimant seeks compensation in a personal injury suit, it is critical for the claimant to know the course his or her recovery will take and how his or her health will be impacted before approaching settlement of the claim. After all, a claimant facing a permanent disability needs to know the prognosis to arrive at an appropriate settlement demand and avoid a situation in which a settlement is accepted in the first few weeks of a case, even before a doctor’s visit, and later complications and injuries are discovered.

  4. Gary T.

    February 19, 2015 at 8:16 am

    Remember that with an hourly billing rate, you’ll be responsible for paying the lawyer’s fees and expenses even if the case is ultimately unsuccessful. If money is already tight because of your accident, you may want to think twice before hiring a personal injury lawyer for an hourly fee.

  5. Louis l.

    February 20, 2015 at 9:43 pm

    When negotiating a contingency fee, make sure you understand whether the fee is calculated on the gross award (the award before your lawyer’s expenses have been deducted) or the net judgment (the award after your personal injury lawyer’s expenses have been deducted).

  6. Torrny

    March 1, 2015 at 8:52 pm

    This is referred to as strict liability. The law will hold a defendant strictly liable if someone is hurt while the defendant is engaging in a highly dangerous activity, even if the activity is legal and all precautions are taken. Building demolition and transporting hazardous materials fall into this category.

  7. Mounty

    March 2, 2015 at 3:33 pm

    When an accident is serious enough to cause fatal or severe injuries, or if alcohol was involved, the state will probably prosecute the driver who was at fault.

    • STRUCTURED SETTLEMENTS

      April 16, 2015 at 5:47 pm

      Driving under influence (DUI) is a serious crime.

  8. Lobert

    March 3, 2015 at 7:14 pm

    Hiring an attorney can seem like a no-brainer when the insurance company makes a low-ball offer after an auto accident.

  9. Kooki

    March 4, 2015 at 11:38 am

    Taking an auto accident injury claim to court is a lengthy process. Once you file a personal injury lawsuit, it could be as little as six months, but more likely a year – or even years – until the date of the trial.

  10. Trumpy

    March 5, 2015 at 5:49 pm

    The answer depends on the circumstances of your case, as well as your tolerance to wait.

  11. Ainji

    March 6, 2015 at 10:15 pm

    If you have an auto accident injury claim against another driver who has injured you in an accident, you may be wondering if you should take your claim all the way to trial.

  12. Maggie

    March 7, 2015 at 1:57 pm

    It doesn’t matter how smart or educated you are — the law can be very confusing for anyone, and a seasoned attorney will be able to help you make sense of your options.

  13. Cinty KIm

    March 8, 2015 at 4:43 pm

    Because the plaintiff must demonstrate the defendant’s legal liability for the plaintiff’s injuries, the plaintiff’s opening statement is usually given first, and is often more detailed than that of the defendant. In some cases, the defendant may wait until the conclusion of the plaintiff’s main case before making its own opening statement.

  14. Roady

    March 9, 2015 at 6:51 pm

    Roads are supposed to be safe. Everyone involved in building and maintaining them has a responsibility to ensure they are, but that does not always happen.

  15. Cessro

    March 10, 2015 at 8:55 pm

    But for all other car accidents, you, the other driver, and your insurance companies may be left to deal with medical bills and car repair expenses. Often these issues are ultimately resolved in court.

  16. Carl

    March 11, 2015 at 5:49 am

    Victims in an automobile accident may include the car’s driver, passengers, by-standers, and even the spouse of an injured person.

  17. SiD

    March 12, 2015 at 5:00 pm

    But are they just accidents? Or is someone at fault when these bad road conditions occur? Sometimes they are in fact due to improperly designed or maintained roads, and you may want to talk with a lawyer after a car accident on a bad road.

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