Mishaps are not “once in a blue moon” event. However, that does not give a balmy touch on pain and suffering that a victim and his/her family go through following an accident or injury. You are entitled to defend your legal rights, especially if the accident has turned your life upside down, against the at-fault party whose negligence has brought misery upon you. Before filing a lawsuit, which your lawyer is likely to suggest, it is imperative to know details of personal injury compensation claims.
Fundamentals of Personal Injury Lawsuits
Personal injury cases involve legal disputes arising from a situation where a person suffers harm due to an accident and if someone, not the victim, is responsible for the incident. If the allegation is proved, the at-fault party’s insurance company is obliged to pay compensation to the injured for medical expenses, physical pain, mental suffering, and wage loss. If your injury has resulted from medical malpractice, your personal injury lawyer in Portland will be working with hospital attorneys and insurance companies.
A personal injury case is formalized after a personal injury attorney represents the victim at a civil court proceeding. Such disputes are usually resolved through out-of-court negotiations before any lawsuit is filed. But if the involved parties fail to reach any unanimous agreement, court trials are held to assess allegations against the defendant and offer a verdict in regards to compensation (if the allegation is proved).
Followings are likely two outcomes of a personal injury case, such as seeking medical treatment for accident-related injury or compensation for property damage.
Formal Lawsuit: A formal personal injury lawsuit is not like criminal cases initiated by the government. The case starts as soon as the plaintiff files a lawsuit against another individual, corporation, business or even a government agency. The party, whom the allegation is brought against, is called the defendant. The plaintiff files the complaint against the defendant by bringing allegation that the defendant’s careless or irresponsible action/inaction has everything to do with the accident and/or injury.
Informal Lawsuit: Most legal disputes over fault for an injury or accident are resolved through informal settlement, usually involving the insurance companies’ respective representatives and the lawyers from each side. A settlement is reached through negotiations that culminate into a written agreement signed by both sides that declare to forgo any further action (lawsuit filing) and rather choose to clear the mess by offering compensation agreeable to both sides.
Statute of Limitations
In every state, plaintiffs get limited time for filing a personal injury lawsuit and in law jargon, it is famously called a statute of limitations. Truly speaking, the period of time stipulated by a statute of limitations starts when someone gets injured or discovers the injury. Within this stipulated time period, you must find a good lawyer who can sue the at-fault party for punitive damages. Once the lawsuit is filed, there is no time deadline to present the case. If you win the personal injury case, you have the defendant’s injury policy payout.
