There is nothing more debilitating to human life than an injury. It can upset our daily routines and throw all plans into a black hole. The immediate recourse has to be medical attention and getting on a pathway to healing. In extreme cases of injury, there might even be fatalities. However, the legal process that follows an injury also requires careful understanding because several nuances could impact a potential settlement amount.
If you or a loved one was hurt, consult a personal injury law firm to help you through the restitution process. The legal case is paperwork-heavy, and you need competent guidance to ensure a successful settlement claim.
What’s personal injury?
Personal injury is bodily, emotional, or mental harm from another person or entity’s misconduct or negligence. For example, you can file a personal accident in addition to worker’s compensation if you suffer injuries at your workplace due to defective equipment, a careless site visitor, or a subcontract worker. Other reasons for personal injury litigation include assault, falls, slips, false imprisonment, hunting accidents, intentional infliction of distress, invasion of privacy, etc.
Personal injury cases comprise a considerable part of civil litigation as people seek compensation for the expenses due to injuries caused by someone else. The term comprises all the damages a person incurs due to an accident or wrongful death, including bodily and psychological harm. Here is a look at how to pursue personal injury compensation.
Understand statutes of limitations
Statutes of limitations are a vital aspect of tort cases. Not only is it advantageous to file a claim when you can still recall the details of your accident, but it also promotes speedy resolution and quick reprieve. Statutes of limitations also protect defendants from ongoing lawsuits.
Illinois civil measures impose a two-year limit for personal injury cases, with a few exceptions. Speak with a lawyer as soon as possible after your accident to learn these statutes and other rulings that may affect your case. You may forfeit the right to compensation if you delay filing your claim.
Understand liability
Personal injury claims follow a complex process. Most victims don’t even know they have a claim unless they speak with a lawyer. This is because, at face value, you’re unlikely to assess the situation appropriately. One key factor determining a settlement is liability, an integral part of all personal injury claims. You may be partially at fault for the accident, even as a plaintiff. Calculating fault varies by state and is tied to local regulations. For example – Illinois follows a modified comparative negligence model. This means you can’t claim if your share of fault for the accident is more than 51%. Given the complexity of the matter, it is essential to speak with a legal expert.
Understand the burden of proof
Civil litigations like personal injury claims and cases have a lower burden of proof than criminal cases. You must still be ready to prove a breach of duty of care, damages, and causation. Your lawyer must argue that the defendant did not act as an average person would’ve done under similar circumstances. They must also show that the negligent or malicious actions resulted in the accident that caused your injuries and damages.
Personal injury litigation results in a settlement or jury award if the matter heads to trial and the jury finds it in your favor. You can claim economic and subjective damages, including pain and suffering, with the help of a good lawyer.
Hire a seasoned personal injury attorney
A personal injury lawyer brings knowledge and skills, and objectivity to your case. They can handle negotiations, expedite your claim, and represent you in court. However, it’s rare for personal injury claims to go to trial. Most insurers negotiate fairly when dealing with an experienced law firm. Injury cases are challenging to prove without copious evidence because judges scrutinize every application if the case goes to trial. However, a competent legal aid can negotiate a solid out-of-court settlement after assessing your claim. This will save you a lot of time and energy. More importantly, the proper process will be followed, and you will get the justice you deserve.
