Personal Injury Lawsuits: What Your Attorney Wants You to Know

When a person is injured in an accident, they worry about their injuries and how long it will take to recover. As the bills start pouring in, they begin to panic. How will they pay these bills until a settlement has been reached? What if the settlement isn't enough to cover the bills? These questions and more may race through their minds. 

Contact Gauthier & Maier Law Firm before panicking. The team helps victims obtain financial compensation for injuries and losses sustained due to the accident. The following guide provides answers about personal injury lawsuits, so people know what to expect when contacting an attorney. 

What is a Personal Injury Lawsuit? 

A personal injury lawsuit is a civil action against those responsible for the accident. This legal action aims to secure compensation for the injury and losses. To win the lawsuit, the victim must show that the defendant is responsible for the injuries and subsequent losses. Once this has been proven, the court determines a fair settlement. 

Types of Personal Injury Lawsuits

Most people associate personal injury lawsuits with car accidents. However, a person may file this type of civil suit if a dog attacks them, someone defames them, or they are a medical malpractice victim. Product liability, wrongful death, and workers' compensation claims also fall under the umbrella of personal injury lawsuits. 

Steps to Take Following an Accident or Injury

When a person is injured in an accident, they must see a doctor immediately. Take pictures of any injuries and the accident scene. Gather other pertinent information and preserve the evidence. It will be needed as the case moves forward. Finally, keep a record of how the injuries impact daily life and any expenses incurred because of the injuries. For example, a person with a broken leg may be unable to clean the home. They must pay someone to complete this task during their recovery. The victim may seek compensation for these added expenses. Record how the injuries also affect mental health. 

Proving Fault

Proving fault in a personal injury case can be challenging. The victim must show that the defendant breached the duty of care, which must have led to the injuries the victim is seeking compensation for, or the case will fail. Most victims find that showing the defendant was negligent in some manner provides the necessary proof. 

Multiple Defendants

At times, multiple parties may be at fault for an accident. An attorney works with clients to determine how they may be held accountable for their injuries. In these situations, the court assigns a percentage of fault to each negligent party. All parties will contribute to the settlement based on their percentage of fault. However, in some states, the victim may also be held accountable for their role in the accident, reducing the settlement they receive by their percentage. 

Damages

Attorneys know which damages a person can seek. They work with victims to ensure that all expenses related to the accident are paid by those responsible. In addition to the medical bills and lost wages, a victim might request compensation for pain, suffering, and other expenses, as they deserve compensation for all losses related to the accident. 

Contact an attorney immediately following an accident for help resolving the matter. The attorney will file the case before the statute of limitations runs out. While an attorney is not required, it takes the burden off the victim. They can focus on their recovery, knowing the legal aspects of the case are handled.