Mishaps are commonplace and two things are common about them – uncertainty of their happening and pain and suffering that come with it. With confusions involved in such cases, you have options to clear your doubts and decide the next steps by talking to an experienced Coral Gables personal injury attorney.
Basics of Personal Injury Lawsuits
Personal injury lawsuits refer to legal disputes in the aftermath of an injury or accident causing harm to an individual and if another person is legally liable for the mishap. The responsible party’s insurer will be obliged to bear expenses for the injured person’s medical bills, pain, suffering, lost wage and further medical treatment. If it is the case of medical malpractice, the personal injury lawyer representing you will be closely working with the hospital lawyers and insurance companies.
You have legal rights to formalize a personal injury case through your lawyer at a civil court proceeding. The court sessions seek to give a verdict, based on the facts, evidences and witnesses, on the fate of the at-fault party or such disputes. In many cases, disputes are resolved through out-of-the-court negotiations in an informal way.
The two possible outcomes of a personal injury case, such as a physical injury from property damage or seeking medical attention for a car accident; are as follows:
Formal Lawsuits: Personal Injury lawsuits are unlike criminal cases that are started by the government. A personal injury case is formalized when a plaintiff (a private individual) lodges a civil law suit against another individual, corporation, business or government agency (referred to as defendant) by bringing an allegation that they acted irresponsibly, insensibly or carelessly and their action is linked to the injury or accident that harmed the injured.
Informal Settlement: Most accident or injury related disputes are resolved informally, through early settlement between the parties involved in the disputes, their insurance companies and lawyers representing them. A settlement is usually reached through negotiations, followed by an agreement signed by both parties who declare to take no further action (usually a lawsuit) and instead, decide to resolve the disputes viaan agreeable sum of money.
Understanding Statute of Limitations
Statute of Limitations refers to the time limit within which, a plaintiff has to file a personal injury lawsuit. The period of time, under Statute of Limitations, starts when the victim sustains or discovers his or her injury. Within the time limit, you must find a good lawyer who provides and prioritizes a strong attorney-client relationship and charges for punitive damages.
Once the lawsuit is initiated, the plaintiff is not obliged to conform to any timeframe to submit the case and have the other party’s insurance plan payout if the case is solved in his or her favor.
Statutes of Limitations, which are established under the state law, depend on the type of injury. It also varies from one state to another.
Laws that Regulate Personal Injury Cases
Laws governing personal injury cases have evolved mostly through court verdicts and the legal scholars’ written treaties. Many states in the USA have taken initiatives to sum up the development of personal injury laws in written statutes. However, court decisions are still considered the main source of the personal injury law for practical purposes.
