When you are involved in an accident that results in you being injured, it can be challenging to focus on navigating personal injury law.
Yet, you need to be informed and seek compensation for your injuries, and the best way of doing that is by contacting a personal injury lawyer specializing in personal injury law. Click here to read more.
To understand exactly how personal injury law works, here is what you should know:
The Statute of Limitations
When you want to file a personal injury claim, you must abide by the statute of limitations. This legal timeframe stipulates how much time you have to file a claim and pursue compensation legally.
Generally, most personal injury claims must be pursued as soon as possible, and the time limit is two years from the date of the injury. In some types of accidents or due to certain circumstances, the legal time frame can be extended, but it would be best to speak with a lawyer and receive advice.
Burden of Proof & Comparative Fault
Accident victims can recover compensation based on the percentage of fault assigned to them following investigations.
However, you might be barred from recovering any compensation if you are more than 50% at fault for the incident. If you are less than 50% at fault, your assigned percentage will be deducted from your compensation.
As the injured party, you must prove that the other party/parties’ negligence or wrongdoing caused your injuries.
You can do this by working with a personal injury lawyer and gathering evidence such as witness statements, accident reports, medical records, accident photographs, and other things to support your claim.
Types of Damages Awarded
In personal injury cases, you can be entitled to various types of damages, such as economic, non-economic, or punitive damages. Punitive damages would be a form of punishment against the at-fault party if their behavior was egregious or intentional.
Economic damages refer to quantifiable monetary losses that you incurred due to the accident, such as medical expenses, property damage, or lost wages due to your inability to work. Non-economic damages are subjective losses such as pain and suffering, emotional distress, loss of enjoyment of life, developing PTSD due to the accident, and other issues.
Pursuing compensation for your economic damages and receiving justice should be the aim of your claim, but do not neglect evidencing non-economic damages as they are just as serious and often more valuable.
Settlement vs. Lawsuit
In personal injury law, cases can be solved either through settlement offers or lawsuits.
While hiring a personal injury lawyer is the best strategy for ensuring that your rights are protected and that you receive fair compensation for your injuries, it doesn’t automatically mean you will go to court with your case.
A personal injury lawyer can advise you on the best course of action, help you gather evidence, and build your case.
When they consider the documentation and evidence sufficient, lawyers can use it to intimidate the at-fault party or insurance companies into accepting a settlement outside the courts and in your favor.
If a settlement cannot be reached, your lawyer will represent you in court and prepare your case accordingly.