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How Much Should I Sue for Personal Injury?

by Carmen Gallardo

posted in Legal

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What is the first step I should take if I'm injured?
If you are injured, it is important to not ignore these injuries and seek medical attention. Prior to anything else should be your health. If injured, do not minimize what you are feeling in pain and suffering. It is important to be straightforward with your doctor when explaining how the injury occurred. In order to help you case it is crucial to gather any evidence that you may have. Take photographs, talk to witnesses and keep a written journal of the details regarding the accident. If you become injured while at work, it is crucial to contact the Division of Workers' Compensation.
What is the process in a personal injury case?
The process of a personal injury case can be very difficult in knowing what to expect, unless you have participated in a lawsuit before. Below is a generic outline on what generally happens throughout a case. It is important to keep in mind that every case varies depending on the circumstances and the facts.
  • An individual is injured due to another's disregard or carelessness
  • Meeting with a personal injury lawyer in order to consider your options
  • Either you or your lawyer files a complaint in court and have it served on the defendant
  • It may be mandatory for the defendant to file a response
  • Both parties gather evidence and engage in exploration
  • In order to discuss a possible settlement, your case will have more than one pretrial conference between the attorneys and the judge. It is also probable for you to hire a mediator in order to settle out of court.
  • If a settlement does not occur, a trial will then take place
  • Each party has the possibility of appealing the decision to appellate courts.

  • What does Negligence Laws consist of?
    In order to win your case, it must be proven that the defendant was either at fault or negligent for the injuries that you suffered. There a various amount of ways to prove that the defendant was at fault. These various amount of waves solely depend on the circumstances.
    If you have any partial responsibility for the event that caused you the injuries, then you will have a reduced potential award.
    For instance, if in an injury one individual is approximately 40% at fault and the other is at about 60% at fault, the individual that is at 40% can recover but the damage that was $10,000 will be decreased by 40% which would be a net recovery of about $6000.
    It is important to know that whatever happens in court is nothing like what you have seen in movies and on television. A personal injury case is generally very difficult and a long process with no assurance of an outcome that will be successful. If you are looking to obtain more information, contact a personal injury lawyer.
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