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Can you sue for personal injury?

by Aishwarya Gaikwad
Can you sue for personal injury?

Personal Injury is a technical term in law that refers to injuries caused to individuals either intentionally or due to the negligence of one or multiple third parties. Personal Injury Law or Tort Law allows individuals to sue the third party in question for damages. The outcome of the case and the nature of benefits awarded depend on the situation and the severity of the injury. There are many types of injuries that can be considered personal injuries in the eyes of the law. These include motor accidents, premise liability claims, dog bites, slip and falls, medical mishaps, and many more. For individuals who get injured in this manner, it is advisable to seek legal advice from a lawyer. It’s recommended to opt for a lawyer or firm that specializes in personal injury law. One example of such a law firm is Flagler Personal Injury Group. These firms are better equipped to deal with cases related to personal injuries as they have lawyers who specialize in the same legal niche. However, the case’s outcome depends solely on its context and the specifics, such as the severity of the injury and the extent of negligence.

Suing for Personal Injuries

If you think that you are eligible to sue for damages in personal injuries, the first step is to seek legal advice. A lawyer can determine whether your case will hold up in court or not. A lawyer can also demystify the whole process of suing for damages. For someone who has no prior experience with courts, a legal process can seem daunting. Many people give up on what they’re entitled to just because they are intimidated by the legal process. With a lawyer, however, dealing with the legal system can feel like a breeze. Thus, if you feel like you have a case, you shouldn’t hesitate to lawyer up!

The civil court handles personal injury cases. Most likely, the accused party will also lawyer up. Your attorney will try to prove that the accused party’s negligence or their malicious intentions were the reason behind your injury. But before that, an attorney will ensure that you’re well within the statute of limitations. In other words, there is a set time limit in which a personal injury case has to be brought forward. Failing to do so within that time limit renders the case invalid. The time limit depends upon the state, but more often than not, it is 2 years. Thus, you have to come forward with your case within two years of your injury. Therefore, it is advised to lawyer up as soon as possible after an incident that seems like a personal injury case. If you wait, you might not be able to get the justice that you deserve.

Coming forward with a possible personal injury case as soon as possible also helps your lawyer with the evidence. For instance, the incident might be caught on a CCTV camera. However, if you decide to wait for a considerable amount of time, the footage from that CCTV camera might get deleted. All in all, coming forward with a possible personal injury case without wasting any time helps your attorney with collecting as much evidence as possible. It also helps with the credibility of your case as the judge might ask the reason behind the delay if you come forward with your case late.

Your attorney will handle the nitty-gritty of the case, and you’ll have to trust them with it. However, it is good to be informed about your case and not be oblivious while in court. Communicate with your attorney regularly and be clear about every detail and aspect of your case.

The outcome of any case will depend upon various factors, and there is often no guarantee about anything. However, it is also possible that your attorney might suggest an informal settlement. An informal settlement is reached out of court, and it involves both the parties and their attorneys and insurers. An informal settlement is often hassle-free and cheaper for both parties. However, whether to go with an informal settlement or not is entirely dependent on the prosecutor. 

The Ethical Aspect

There are also ethical aspects associated with personal injury laws. If the financial condition of the accused is unstable and their negligence was minimal, it is humane not to press charges. For instance, one might have slipped on a wet floor after it had rained and the property owner wasn’t able to mop up in time. In cases like these, it is best to be considerate. In the cases of dog attacks and dog bites, it is better to go for an informal settlement as a civil court might order the dog to be put down. Thus, the ethics of the situation have to be considered too. However, if you feel like you have a strong case and you have really been wronged, it is completely acceptable to go forward with pressing charges as it is your legal right.

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