Facts you should know about personal injury cases

Law Offices of Steven Zwick
Dec 22 2021

If you have been in an accident, there may be some things you should know about personal injury cases. These facts can help you navigate your case with your lawyer.

Provide solid proof to make the injury an actionable claim

What can make the court consider your personal injury settlement? You must provide water-tight evidence that the accused is responsible for a specific offense. It also means you should satisfy the principle of negligence.

You need to show that whoever caused your injury had a duty for your safety. For example, if you were injured at work, your employer could be responsible for not keeping the workplace free of any possible injuries.

Your lawyer must prove that your employer or the defendant broke their legal duty. Perhaps your employer didn’t install basic equipment to make the business safe.

As a victim, it’s crucial to demonstrate that the accused’s negligence caused your injuries. The granting of a personal injury settlement solely relies on you providing solid evidence to the court.

Examples of personal injury claims

Many people are familiar with car accident cases. But you can also consider other examples, such as battery, assault, premises liability, animal attacks, medical practices, or any deliberate acts to harm you. These personal injury claims must arise from an individual’s or entity’s negligence.

Insurance companies deal with most personal injury cases

Insurance companies handle many personal injury cases. They stem from medical malpractice, business, home, or vehicle accidents. Insurance firms are there to safeguard their beneficial interests. As a result, they may offer an unfair personal injury settlement. That’s the reason you need a professional lawyer.

Out of court settlements

Hundreds of people file personal injury cases, which overwhelms the court system. Because of this, between 95% and 96% of people choose to settle cases outside court. You won’t involve the judge or the jury in deciding your injury settlement. It’ll be up to you to accept or reject the offer for your injuries with the possible help of lawyers or mediators.

Victim at fault

In some states, you may lodge a personal injury claim even if you were also at fault. However, you can’t claim the whole personal injury settlement because you contributed to the accident. You may get partial compensation for your injuries.

Time matters

Time is vital if you want to successfully pursue a personal injury settlement. You should present your case within a state’s statute of limitations. Some states allow three years to have your case heard in court. After the statute of limitations expires, you can’t make a claim. However, the time differs from state to state and depends on the litigant’s identity.