If recently you have suffered an injury caused by someone else’s recklessness or negligence, you can think of pursuing a personal injury lawsuit against the negligent party in a civil court. Personal injury lawsuits arising from an accident case require a series of specific steps to reach a settlement. From proving negligence of the at-fault party to entering negotiations about the compensatory damages, there are four essential elements for every personal injury lawsuit. When all of the four elements are met, and the jury is convinced that the grounds of the claim are legit, the plaintiff receives the compensation for the damages suffered. Generally, the process of getting compensated becomes easier when you hire a personal injury lawyer.
Duty of reasonable care
A personal injury lawsuit usually relies on the theory of negligence. Your personal injury lawyer will need to prove that the defendant owed some responsibility towards you during the accident and the duty had been breached, leading to your damages. Additionally, a lawyer will also need to establish that the duty was present in your accident case, besides providing evidence showing that the negligent party failed to adhere to it.
The duty of care in your personal injury lawsuit will depend on the claim that you are filing. For instance, in a car accident case, all drivers do a duty of care to follow the traffic rules and drive safely. In premises liability claims, the property owner upholds a responsibility to keep the property safe for visitors.
After your personal injury lawyer has established the duty and breach of care, the next step will be to prove that breach of care directly caused the injuries you suffered. Expert witnesses, your medical records, and witness testimony can help establish causation. For instance, in an automobile accident case where the driver ran a red light and hit your vehicle, you can establish the breach of duty of care by pointing to traffic law violation.
You may suffer injuries and damages after an accident case, falling which you can pursue a claim to receive compensation. These damages can either be economic or non-economic, which involves direct financial losses and intangible pain and suffering, respectively. The common types of damages in an accident case involves the following:
- Medical expenses
- Loss of income
- Mental agony
- Loss of quality of life
- Long term disability
- Damage to property
- Loss of future earnings.
A personal injury lawyer can assist and guide you in determining the damages you qualify for, along with the settlement you deserve. You can consider talking to us about your settlement amount at Sarraf Law Firm.
Negotiation & settlement
When a personal injury lawsuit does not proceed to the courtroom, it settles out of court through negotiations. In negotiation, you and your personal injury lawyer will discuss your claim with the at-fault party and attempt to reach an appropriate settlement agreement.
You are eligible to receive compensation during the negotiation process or at the end of your trial if the case proceeds to the court. The amount of compensation you receive will be determined based on the degree of damages you suffer after the accident.
Proving an accident case usually requires a considerable amount of experience, legal knowledge, and training. This is because every personal injury lawsuit is different and requires a personal injury lawyer to proceed correctly. Sarraf Law Firm is yours to guide you through the entire litigation procedure. We will thoroughly examine the facts of your injury case and assist you in understanding the options for filing a claim and saving the pathway to appropriate compensation. Contact us today to schedule your initial free consultation and begin the claim process.