Can You Win Your Personal Injury Lawsuit?
Personal injury law refers to a variety of injuries. These injuries include dog bites, motor vehicle accidents, defective products and more. You could be injured due to a crack in the pavement or a car accident and the physical consequences that you suffer may fall under the personal injury umbrella.
If you feel as though you may have a personal injury lawsuit, how do you win?
Do You Have a Case?
To qualify for a personal injury lawsuit, there are a few determining factors. First, did the accident occur due to negligence or recklessness? Sometimes accidents can happen and no one is at fault. In other cases, you may be at fault for your injuries. A personal injury lawsuit involves another person or institution as the at-fault party.
The defendant’s negligence or action has to have caused your injuries. If someone acts recklessly and scares you or if someone’s actions could have harmed you, but didn’t, then you don’t have a personal injury lawsuit.
In addition to negligence and injury, you may also have to consider whether the person has the means to pay you compensation. Often, personal injury lawsuits will involve an insurance company, but sometimes, it involves a single person. You can sue a person based on principle, but if he or she does not have the funds to pay the settlement, then you won’t receive the money.
If you did suffer an injury, make sure that you have evidence of the injury. You should see medical professionals from the moment that you recognize the injury.
How Can You File?
You know that you have a case, now what? Your first step should be to consult with a personal injury lawyer. The case begins by filing documents with the court and then having them served to the defendant. You would file a complaint or petition that identifies the basis for your lawsuit.
Some jurisdictions will also require you to file a summons. This identifies the parties involved in your suit and will also explain to the defendant that he or she is being sued. Normally, a clerk of court will sign the summons.
When you file a complaint, the documents must be accurate. Any inaccuracies can lead to a dismissal of your case. To streamline the process and to ensure efficiency, a lawyer can help. If you believe you have a civil lawsuit, set up a consultation with a personal injury lawyer.