Tennessee Injury Lawyer BlogEnduring a personal injury due to someone else’s laxity and carelessness can be atraumatic event. Seeking legal reprieve from Nashville attorneys who specialize in personal injury law is understandable, and it is often even essential. Before taking this road, however, there are a few things you need to know about personal injury cases.
What Is a Personal Injury Case?
A personal injury case is a legal battle that arises from the suffering or harm caused to a person because of an accident or injury caused by another party, who may be legally liable for that harm. There are two ways an injury case may follow. The case may be formalized in a court of law or through informal settlements where the issues are resolved out of court before any lawsuit is filled.
What Do Personal Injury Attorneys Do?
A personal injury lawyer represents the victims and becomes their voice in the eyes of the civil justice system, effectively establishing the fault of the defendant. The lawyer informs the defense lawyers and insurance companies of the injuries their clients have gotten and any other losses that are linked to the case. A good lawyer should have their clients’ interest at heart and should inform them of their rights and insights into law. Apart from monetary compensation, the lawyer should assist the client in acquiring medical care, rehabilitation and any support that they may need.
What Is a Statute of Limitation?
A statute of limitation is the limited time that plaintiffs are allowed before filing a lawsuit. The amount of time that is dictated by the statute of limitations varies from state to state.
Where Can You Find Laws That Concern Personal Injury Cases?
Other laws, such as penal codes and criminal cases, have their rules in statutes, but personal injury law is mainly found in previous court decisions and in treaties written by legal scholars. Many states have tried to develop and summarize personal law into statutes, but for practical reasons, decisions made by the courts have continued to be the major source of law.
How Do I Know I Have a Viable Case?
To determine whether a personal injury case is viable, you need to understand the facts, the law concerning the case and the processes. It is advisable for the victim to consult a lawyer who can help them pursue a lawsuit.
Stages of a Personal Injury Case
- The victim meets with the personal injury lawyer, who evaluates their case and determines the chances of being compensated. This is called initial consultation.
- The victim discloses the details of the accident so that the lawyers can assess whether they are legally entitled to compensation under the laws of the concerned state.
- The lawyer then drafts a complaint. These are the papers that are filed with the court so as to begin settlement.
- The lawyer then gets into a lengthy process called discover. This involves combing through all the available evidence that may help the case.
- The opposing lawyer may request the victim to give a deposition. These are questions regarding the events that led to the injury.
- A motion is then filed in court, and when it rules on it, the parties may be asked to settle the case with a court-appointed mediator before the trial.
- If the out-of-court settlement fails, the court schedules the case and the jury decides whether the plaintiff deserves compensation.
Having understood how this system works, there is no reason anyone should go through anguish in dealing with settlement claims. Having a good lawyer on your side can significantly increase your chances of compensation.X”