Following an accident that resulted from the negligence of others, many people pursue injury claims. Personal injury law provides a legal avenue for the injured party to seek the justice they deserve.
You may want to find a Houston personal injury lawyer to help with your Houston accident. These professionals can offer legal counsel, protect your rights, and ensure you receive a fair settlement for your injuries and property damage.
Facts About Personal Injury Law
Personal injury law addresses injuries or property damage resulting from the negligent or intentional actions of another party. Here are the essential facts about personal injury law you should be aware of:
Civil Vs. Criminal Law
Personal injury law is a civil matter, not criminal. The goal is to compensate the victim for their losses, not to punish the perpetrator.
Legal Fee Structure
Personal injury lawyers work on a contingency fee basis, meaning they do not charge upfront fees. Instead, they take a percentage of the compensation awarded to the victim.
The Litigation Process May Extend Longer than Anticipated
Personal injury cases can take a long time to resolve, sometimes years. This is because lawyers need to gather evidence, interview witnesses, and negotiate with insurance companies.
Recoverable Damages
Compensation for personal injury cases typically includes:
- Medical bills
- Lost wages, and
- Pain and suffering, among others.
Some Cases Resolve Out of Court
Not all personal injury cases go to trial. Many are settled out of court through negotiation and mediation.
Insurance companies often try to settle personal injury cases quickly and for less money than the victim deserves. It is essential to have a lawyer on your side to ensure you get fair compensation.
Statute of Limitations
Personal injury cases have a statute of limitations. In other words, there is a time limit in which you can file a claim. It varies by state, but it is generally two to three years.
Comparative Negligence
Comparative negligence is a legal concept that may affect the amount of compensation you receive. It means that if you contributed to the accident in any way, your compensation may be reduced.
Lawyers Have Professional Connections
Personal injury lawyers often work with experts in various fields, such as medical professionals and accident reconstruction specialists, to build a strong case.
Law Keeps Evolving
Personal injury law is constantly evolving, and lawyers must stay up to date with new legal precedents, regulations, and court decisions.
Personal Injury Claims Litigation Steps
Personal injury claims litigation can be a complex and challenging process. If you have been injured due to the negligence of another party, you should be compensated.
Before proceeding, injured parties or plaintiffs must understand the steps of litigating a personal injury claim. Here are the common steps you're likely to go through when litigating your injury claim:
Seek Medical Attention
The first step in any personal injury claim is to seek medical attention. Your health and well-being are essential. It's advisable to seek medical treatment for your injuries at the earliest time possible. Additionally, medical records will serve as evidence in your claim.
Contact a Personal Injury Lawyer
Contacting a personal injury lawyer is crucial to protect your rights and ensure fair compensation. A qualified personal injury lawyer will guide you through the legal process and help you understand your options.
Investigation
Your lawyer will investigate your case, gather evidence, and interview witnesses. This may involve obtaining police reports, medical records, and other relevant documents.
Demand Letter
Your lawyer will then draft a demand letter outlining your case and the compensation you are seeking. This letter will be sent to the other party's insurance company.
Negotiation
The insurance company will review the demand letter and may offer a settlement. Your lawyer will negotiate with the insurance company on your behalf to ensure fair compensation.
Filing a Lawsuit
If negotiations fail, your lawyer will file a lawsuit on your behalf. This will begin the formal legal process.
Discovery
Both sides will exchange information and evidence through a process called discovery. This may involve depositions, interrogatories, and requests for documents.
Mediation
Before trial, the parties may engage in mediation to attempt to resolve the case outside of court. A neutral third party will facilitate the mediation process.
Trial
If mediation fails, the case will go to trial. Both sides will present evidence and arguments, and a judge or jury will decide the outcome.
Appeal
Court verdicts can be challenged by dissatisfied parties (plaintiffs or defendants). Appeals provide legal avenues for dissatisfied parties to challenge the trial outcome or court's decision.
It's essential to seek the advice of a qualified personal injury lawyer when dealing with an injury claim. The sooner you seek legal help, the better your chances of a successful outcome.
