If You Want Compensation and Justice, A Personal Injury Lawsuit May Be Your Only Option
If you’re wondering how to sue for personal injury, that means something unfortunate, unwelcome, and unexpected has happened to you. You were in an accident of some kind that resulted in injuries, the results of which may be pain and discomfort, loss of mobility or other functioning, and inability to work because of your injuries. Whatever the extent and nature of your injuries, the experience has disrupted your life and cost you money in medical expenses and the income you’ve lost because of your inability to earn a paycheck for days, weeks, months, or longer.
And if all of these challenges or losses were someone else’s fault, filing a personal lawsuit is how to hold them accountable and obtain compensation for your injuries and all of the accompanying fallout.
The odds are that this is the first time you have filed a lawsuit. You may have never even met with or needed a lawyer before. But understanding how to sue for personal injury can take some of the mystery out of the process and help you prepare for what lies ahead.
What Is A Personal Injury Lawsuit?
Personal injury lawsuits are cases in which an injury victim (the plaintiff) sues one or more people or companies (defendants) because the defendants did something – or failed to do something – that caused an accident that led to injuries and losses. The defendants may have acted negligently, recklessly, or intentionally, but in one way or another, a personal injury lawsuit alleges that they are responsible and should compensate the plaintiff for all the losses they suffered.
While the named defendant in most personal injury lawsuits is the party that caused the injuries, the defendant’s insurance company often defends the claim, negotiates with the injured party’s attorney, and pays out any settlement or judgment. This is usually the case, for example, in car, motorcycle, and truck accidents, slip and fall accidents, and medical malpractice lawsuits.
Not all personal injury claims lead to a personal injury lawsuit. Sometimes, an injury victim and their attorney can settle the matter directly with the insurance company without filing a lawsuit.
First Steps
No matter what kind of accident occurred, the first and most important thing to do after the incident is to seek medical attention for your injuries. If at all possible, you should gather the contact and car insurance information of everyone involved in the accident, such as the other driver in a car accident or a store manager in a slip and fall. You should also try to take photos of the scene, identify and get contact information for any witnesses, and, for motor vehicle accidents, notify your own insurance company.
All of these steps are crucial if you want to preserve your right to sue for personal injury.
By getting immediate medical care, you not only protect your health and well-being, but you also get medical records that document the nature, extent, and cause of your injuries. These records and your treatment will be critical evidence to support your claim for damages.
Similarly, gathering as much information as possible at the accident scene can help preserve vital pieces of the puzzle that your attorney can use to build your case and strengthen your hand in negotiations with the insurance company or at trial.
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Hire an Experienced Personal Injury Lawyer ASAP
Lawyers and lawsuits may not be the first things on your mind right after an accident. But if you want the financial help and resources you need to recover from your injuries, pay your expenses and bills, and make up for past and future lost earnings, you should contact and retain an experienced personal injury lawyer as soon as possible.
Strict time limits, called statutes of limitation, apply to personal injury lawsuits. Waiting for too long after your accident to sue for personal injury may cost you the right to seek compensation for your losses. Also, by quickly hiring a lawyer, you can keep the insurance company on the other side from getting a head start on their defense.
But time is not the only thing that puts your recovery of damages at risk. You can also lose your right to sue for the compensation you deserve if you negotiate and enter into an agreement with the other party’s insurance company without a lawyer.
Related: Do I Really Need a Personal Injury Lawyer?
If an insurance company represents the party who caused your accident, it is crucial to recognize one fact. Insurance companies are in business to make money. The more they pay in claims, the more they have to pay lawyers to defend their insureds, and the less they make in profits. As such, the insurer will do anything to pay as little as possible on your claim.
The insurance company knows you have medical and other bills to pay and may be out of work. Insurers will cajole and pressure you to accept an amount far less than what you deserve or could obtain if you had an experienced personal injury lawyer on your side who won’t be fooled or intimidated by their tactics.
Filing a Personal Injury Lawsuit
The next step your lawyer will take if you choose to sue for personal injury and do not settle with the defendant or their insurer will be actually to file the personal injury lawsuit. Your attorney may file the suit even before settlement discussions begin, especially if the statute of limitations is approaching or they feel the need to secure evidence that may be at risk.
The lawsuit begins with preparing and filing a complaint with the court clerk’s office. The defendant or their insurer will then file an answer or challenge the complaint, and the case will proceed.
While all injury cases go to court, the fact is that over 90% of personal injury lawsuits end in a settlement rather than a trial. Parties often settle after they have a complete picture of the evidence that each side will present at trial, but the parties can engage in settlement discussions at any time. If the parties don’t settle and the judge has not otherwise resolved the case through a pre-trial ruling, the case will go to trial.
After a settlement or damage award at trial, the defendant or their insurance company will issue a check to your lawyer in the designated amount (if the defendant doesn’t ask the judge to reconsider or appeal the award).
After paying for all costs incurred in the case and any outstanding amounts due to treating physicians and other medical providers, your attorney receives the percentage of proceeds outlined in your retainer agreement and will then issue a check to you for the remaining net amount.
Should You Sue For Personal Injury? Get an Honest Assessment of Your Case at King & Beaty.
If you are wondering if you should sue for personal injury, you need to meet with a reliable guide who can assess your case and provide the answers you need. The attorneys at King and Beaty have been that guide for countless Colorado Springs residents, getting them the compensation they need and deserve to move forward from their injuries.
Put our experience to work for you by scheduling your free case assessment with one of our experienced personal injury attorneys today.
