Accidents and injuries happen every a day and can occur essentially anywhere. Victims of accidents should be aware that they can pursue legal compensation if they file lawsuit s against the responsible parties. Personal injury lawsuits can be troublesome if you have never studied law or if you have not taken the time to file one before, though, and it is generally recommended that you reach out to a lawyer for assistance. Our law firm, Normandie Law Firm, is one of the most prestigious firms available. Our personal injury lawyers have decades of combined experience under our belts, and we know the most tried-and-true methods to winning your case.
What is a personal injury lawsuit?
A personal injury lawsuit can be filed to collect damages stemming from negligence. Personal injury claims are civil and not criminal; therefore, the punishments are purely monetary. As a result, the burden of proof is lowered, and you merely have to prove negligence. There is no threat of jail or similar punishments.
How can I file a personal injury lawsuit?
In order to file a personal injury lawsuit, you must be able to prove that the responsible party was negligent. The different kinds of personal injury areas will generally dictate what the steps are, but overall, you must prove these four points:
- You, the victim, were owed a duty of care by the responsible party to not be harmed
- The duty of care was breached in some way, whether by an action or a lack of action or attention
- The breach of duty led to an accident or incident of some kind
- The accident resulted in actual physical injuries
If you were not physically harmed in the accident, you will not be able to pursue any damages for medical bills and similar losses. Instead, you will only be able to pursue lost income and property damage. This is not an inherent negative, as any physical injuries are generally troublesome to deal with, and because the insurance agencies are more likely to pay out smaller claims upfront. Medical bills and other damages complicate cases an can add up quickly. You may not need an attorney if you were not physically hurt and you want a small reimbursement for the damages.
There are different procedures as noted above depending on the type of claim you wish to file. For example, if you wish to file a premises liability claim, you must establish that the property owner either knew about a hazard on the property, caused the hazard on the property, or was unaware but should have reasonably known there was an issue.
To file a medical malpractice lawsuit, you must have had some kind of doctor/patient relationship in addition to the four points of negligence, but the damages must have caused some kind of consequence.
It is important that you understand the specific laws and regulations for any personal injury case you intend to file. It is highly recommended that you speak with an attorney to receive legal advice. You can learn ahead of time if your case is even able to get filed or if you are sitting on the potential for a large sum.
What are common reasons to file a personal injury lawsuit?
Personal injury cases are filed every single day. They are most often the result of traffic accidents, given the fact that millions of people are on the road at any given time and crashes can usually be deemed someone’s fault. Some other reasons personal injury claims are filed include:
- Traffic accidents, including car crashes, motorcycle accidents, truck accidents, bus crashes, hit-and-run accidents, and many more
- Pedestrian accidents in which individuals are struck by passing vehicles, often at intersections
- Dog bites, usually from unleashed dogs or dogs with no training
- Premises liability, which involves trip and fall cases, hotels injuries, sidewalk injuries, bed bug lawsuits, and more
- Product liability, involving consumer goods and defects, in which customers can sue companies for compensation after the products caused harm
You can also file personal injury claims as third-party claims or additional lawsuits in some instances. For example, if you were injured at work while completing your job duties, you would likely be able to file a worker’s compensation claim. However, if someone outside of your job contributed to or caused the accident, you could file a second claim against him to collect additional damages.
What evidence do I need to file a personal injury lawsuit?
The types and amounts of evidence you will need for a personal injury claim will vary with each lawsuit. You will not need to take photos of bed bugs, for example, if you were in a car crash. However, the principle remains the same – you will need proof that you were injured, proof that you were not at fault, and proof of the results of the incident. The evidence that you can gather should include the following:
- Pictures and videos of the accident, hazard, or issue
- Security footage or surveillance camera recordings
- Dash cam footage
- Pictures of your injuries
- Statements and testimonies from eyewitnesses, bystanders, passengers, passersby, other victims, and more
- The police report filed by the investigating officers
- Proof of purchases, credit card statements, emails, messages, and more showing ownership or rental
- Hard evidence, like a defective product, the vehicle involved in the accident, and more
- A copy of a complaint to the establishment or an incident report
Once you have gathered all of this evidence together, you should consult with a skilled personal injury lawyer. Our team of attorneys will be able to look over your proof, organize it, hire our own expert witnesses to support your case, and submit it to the insurance agency. We will also write the demand letter requesting compensation.
Why should I hire an attorney for my personal injury lawsuit?
It is highly recommended that you reach out to an attorney seek legal representation if you intend to file a personal injury lawsuit. You may not have the time, energy, money, or legal knowledge required to efficiently and successfully handle your case. Too often, we see individuals go after large insurance companies on their own, and they win up rejected or unable to negotiate anything. They simply have little to no leverage, and the insurance company almost always comes out on top.
With the help of our firm, you will be able to relax and not worry about the nuances and occurrences of the case. You can focus on recovering from your injuries while we work on negotiating a fair deal form the insurance agency.
Insurance agents will take a few weeks to go over cases, and when they do, they are only interested in protecting the company’s profits. They will not acquiesce to anyone’s demands unless forced to, and once legal action is threatened, they become more receptive to discussions.
What can I earn in a personal injury lawsuit?
A personal injury lawsuit can result in a lot of compensation. The value of your case is contingent upon the damages you suffer. If you were greatly injured and your damages caused severe change in your life and career, you will likely be given a larger sum than if you were only left with minor damages and could return to normalcy within two or three weeks.
Our lawyers will work around the clock to ensure that you are given the following types of compensation:
- Medical expense reimbursement and payment for surgery, hospitalization, medication, physical therapy, future treatments, and more
- Lost income from time you could not go to work and forthcoming days you will be unable to go to your job because of medical treatment, recovery time, and other reasons
- Property damage for the personal items and belongings you lost in the incident
- Pain and suffering to cover mental traumas, emotional damages, anxiety, fear, PTSD, and more
- Punitive damages if you were a victim of gross negligence or if the defendant fully intended to cause you harm, but these damages are seldom handed out due to being viewed as too excessive or harsh
- Wrongful death damages if your family member or loved one passed away in the incident, which can result in funeral and burial expenses, loss of consortium and relations, loss of expected inheritance and savings, pre-death medical bills and pain and suffering, and more
What is the statute of limitations for personal injury lawsuits?
If you wish to file a claim for personal injury damages, you will only have 2 years from the date of the injury to do so. You must file a claim within this period or your request and compensation will be denied. It is important to also understand that some claims can be extended if your circumstances dictate it. These exceptions to the statute of limitations include the following:
- Minors under the age of 18 who were involved in accidents do not have to adhere to a statute of limitations until they turn legal age at 18 years old
- Individuals left mentally or physically incapacitated or unable to sue do not have to adhere to the statute of limitations until they return to normalcy
- Individuals who are involved in cases wherein the defendant has left the state do not need to follow the statute of limitations until the defendant returns, as claims cannot proceed if the defendant is not present in the state
You may not know about these exceptions or if you are eligible, and a lawyer can make a huge difference in your case.
Choosing the Right Firm
We recommend choosing a law firm with attorneys who will fight for you – lawyers you can trust and who have your best interests in mind. Our law group, Normandie Law Firm, is highly rated and has a long history of success. We know how to win cases fast and efficiently, and we aim to bring our clients satisfactory settlements and justice for their damages. Our attorneys are known for being aggressive and for never giving up on claims.
If you are in need of a free legal consultation, you can call our law offices to set one up. All consultations are completely confidential, and none of your private details or case information will be shared elsewhere. We will also tell you how much we feel your case is worth and answer any questions you have.
Moreover, if you wish to hire us, we will give you our zero fee guarantee. This is a promise that you won’t need to pay a dime for our services. We will only get paid if we win, and the money will come from the settlement won from the insurance agency. If we lose, we take no money whatsoever.
Get in touch with Normandie Law Firm if you wish to file a personal injury lawsuit.
