If you get involved in an accident, it may seem obvious to file a lawsuit and get compensation for any loss you’ve suffered. But first, you need to know what you’re getting into and what to expect after filing a personal injury lawsuit.
To begin with, just like any other case, you need to understand that there’s a statute of limitations for filing a lawsuit for injuries sustained in an accident. Therefore, if you want to file a personal injury claim, an attorney at ITR law, who specializes in personal injury cases, will listen to your first to get a better understanding of the details of your accident.
A confidential consultation from an experienced personal injury lawyer helps you know what to expect when starting the claims process.
After hiring a personal injury lawyer, here is what you need to know.
Get Medical Attention
Safety should always come first. After an accident, promptly get medical attention to address any immediate and possible unseen injuries. Remember to follow the doctor’s recommendations so that you recover quickly and get back to your normal life. Furthermore, it’s easier to follow up on your claims when you are pain-free.
Another important reason for seeking medical attention is getting documentation that connects your injuries to the accident. These medical documents are proof in court that shows the seriousness of the accident.
How Important is Following the Doctor’s Recommendations?
After an accident, you may need medical attention immediately, which can be very expensive. The most reasonable action is to get treatment and compensation for expenses later. But that might not be as straightforward as it seems.
Compensation will depend on how well you follow the treatment plan. If they don’t follow the doctor’s recommendations, an insurance company or the party at fault may argue that the treatment wasn’t necessary. They’ll succeed in lowering the damages they owe.
Follow all the doctor’s recommendations, including going to all appointments and therapy sessions.
Understanding How Pre-existing Health Conditions Affect Your Case
You may want to know if a condition you had before an accident will affect your personal injury lawsuit. The simple answer is it shouldn’t. However, in some cases, it may complicate the case. Some common types of pre-existing injuries include
- Chronic pains in your back or neck.
- Broken bones before the accident.
- Trauma or brain injuries.
- Concussions.
- Sprains on your body.
An accident can worsen these conditions, and a good lawyer should be able to build a solid case to ensure you get the compensation you deserve. The lawyer will carry the responsibility of helping you gather evidence, including medical reports, to prove how the accident worsened the pre-existing injury.
It’s also important to know that successfully arguing your case may not be that easy. The at-fault party or insurance company may try to counter your argument by claiming the injuries are exaggerated or fabricated. But if you and your lawyer are well prepared, you’ll collect damages after a successful lawsuit.
Holding Responsible Parties Accountable for Pain and Suffering
After an injury, you may suffer from different types of losses, including losing your income. Other types of losses are intangible, like the loss of living a pain-free life.
An accident can make a victim live with physical or emotional pain and suffering for a certain period or for the rest of their lives. It’s, therefore, critical to know how to hold parties responsible for your pain and suffering accountable in an injury lawsuit.
Compensation for Pain and Suffering
In legal terms, the compensation for pain and suffering is referred to as damages. It’s the amount of money you request from the defendant to try and make up for the pain and suffering.
For example, if an individual is involved in a car accident or falls from a ladder in the workplace and loses a limb, they’ll ask for compensation. The compensation should try as much as possible to make them live as though the accident never happened.
The individual may not be able to do the things they were doing before the accident, but the money will try to make their lives more bearable. Some of the pain and suffering you can cite in a personal injury case include:
- Losing a limb
- Trauma
- Stress
- Heartbreak and emotional pain
- Loss of enjoyment
Common Defenses to Personal Injury Claims
Expect a defense in a personal injury case. The defendant, through their insurance company, will fight back and try as much as possible to deny responsibility. That’s part of their duty.
The insurance company can hire a lawyer or a team of lawyers to defend their policyholder. Here are some common defenses they might mount up.
No Duty of Care
An individual may go to court and cite negligence after suffering an injury. But before you claim a defendant was negligent, you need to prove they had the responsibility of keeping you safe. Otherwise, the defense might claim that it had no legal obligation to ensure your safety.
An experienced lawyer will help you put together all the evidence you need to prove the defendant was negligent.
Comparative Negligence
If you go to court and claim the defendant was negligent, they might argue that you are also to blame. In comparative negligence, you are assigned a certain percentage of blame, but that doesn’t mean you won’t be compensated.
Whether the defendant proves that you are 10% or 60% to blame, you’ll still receive compensation, although it will be reduced according to your share of the blame.
For example, if the court rules that you are 10% or 60% to blame, then your compensation will be reduced by 10% or 60%. To avoid receiving less compensation than what you feel you deserve, you and your lawyer will need to adequately prepare for the case and cover all bases.
Liability Waiver
Some entertainment venues may require you to sign a liability waiver before entry. Places where you can enjoy certain activities, such as trampoline parks, gymnasiums, or water parks, may require you to agree not to sue should anything happen while using their facilities.
The waiver shows that you paid to do something with a certain amount of risk associated with it and you were aware of the dangers and won’t be able to sue if you sustain certain kinds of injuries. It is important to note that even if you have signed a liability waiver, it is worth speaking with a personal injury attorney to see if there are any options available to you.
Conclusion
A personal injury case can sometimes become complex, depending on your situation. Be sure to get an experienced personal injury lawyer who will explain the important details that affect your case. Working together with your legal team can help you get the compensation you deserve quickly and get back to your normal life.
