When you or a loved one lose your health due to the actions of another, intentional or through negligence, it can be very difficult to recover from such a loss. Oftentimes, a full recovery may be impossible, as the injuries can be severe enough to cause permanent limitation or disability. Perhaps even result in the actual loss of life.
The Most Common Types of Personal Injury Claims
In the U.S., when one is hurt by someone else’s action the injured party may need to bring a lawsuit against the parties at fault. Some of the most common types of personal injury claims include:
- A car crash or other accident, such as a slip and fall.
- Malpractice by a healthcare professional.
- A faulty product.
- Bites and other injuries caused by a pet.
- Intentional acts such as malicious wounding, battery and assault.
The Benefits of Contacting an Experienced Trial Attorney
If you’ve been thinking about handling your personal injury claim yourself, stop! You just might want to reconsider. Filing a personal injury claim in the U.S. is a lengthy, complicated process, which is why the first and best step you can take in the days immediately following the event is to contact a top lawyer.
Having an experienced trial attorney, such as Benedict Morelli of Morelli Law Firm, on your team can make the legal process easier to navigate and understand. Filing the incorrect papers or missing a deadline are just two examples of the minutiae that can get a case thrown out before the trial ever begins. That’s why you need an advocate who knows how to handle this minefield.
If this happens, it could leave you without the monetary compensation that you or your loved ones need to begin to recover and heal from your injuries! It’s really not worth the risk when it comes down to it, especially if your recovery has you at something less than 100%.
All tort actions have a statute of limitations. That is, the absolute final date one can bring an action against the party at fault. These dates can vary widely state by state or depending on the type and cause of the injury. Missing that deadline, sometimes literally by one day, almost always means the cause of action can never be brought to court.
Usually, the actual state where the incident occurred will determine which court has jurisdiction to hear the case. The expected cost to medically treat your injuries can also affect which specific court has jurisdiction, as the various courts in each state each have limits on the dollar amount of the damages that are sought. Typically, a small claims court will have jurisdiction over claims under a specific dollar amount while larger claims head to a court of common pleas.
Sometimes, a lawsuit will need to be filed in Federal, rather than state court. A common reason for this to occur is if there is a diversity of citizenship due to parties in the suit being citizens of different states.
Additional Factors that Can Affect a Personal Injury Claim
In addition to the need to file your lawsuit before the deadline, and in the right court, there are other factors that can affect the way your lawsuit proceeds. For example, the party that injured you has a right to mount a vigorous defense, and you should expect them to do so.
Many times these cases are settled out of court. Court dockets are extremely crowded and it can take years to go from the initial filing to the start of an actual trial, so it tends to be in everyone’s best interest to come to an agreement. The question, no matter where in the world you live, is when to accept the defendant’s offer.
Taking a DIY approach to hanging shelves or changing the oil in a car can be good ideas. Trying to handle your own civil litigation? Not so much. Having a well-versed expert handling this is of vital importance.