Last Updated on April 6, 2021 by Legal Team
When to File a Personal Injury Lawsuit
People sustain injuries in many different types of accidents. However, not all injuries offer the basis for filing an injury lawsuit. Injuries that occur from accidents caused by the wrongful actions or negligence of others might meet the legal basis for a personal injury lawsuit. However, sometimes, it’s just not worth the hassle.
Legally, a personal injury arises when a person’s emotions, mind, or body sustain an injury as an outcome of another party. To establish whether you can pursue a case successfully, you should be consulting a personal injury lawyer who can assess your specific circumstance. Here’s what this field in law deals with.
Typically, lawsuits in personal injury cover three major issues that can emerge after an accident:
● Actual Physical harm
● Pain and suffering
● Emotional distress
Most damages arising from personal injury fall under the classification of “compensatory”. These damages imply that the plaintiff should be compensated for the loss that arose from the injury or accident. Some damages are comparatively easy to quantify, for instance, reimbursement from medical bills and property damage.
However, it’s harder to quantify suffering and pain or the incapacity to enjoy hobbies due to physical limitations generated by enduring accident-related injuries.
Actual physical damages are the easiest, most straightforward form of injury to file a lawsuit. The injuries are demonstrable, and the medical records are straightforward.
Damages awarded in these cases typically include the medical care costs related to the accident-reimbursement for the treatment you have received already along with the reimbursement for the approximated cost of health care that you might require in the future due to the accident.
Included in physical harm, are damages that occurred to your property. You are liable to receive compensation for the repair of any vehicle or clothing for the fair market value of the lost property that was damaged in the accident.
Lastly, you may also be entitled to compensation for an accident’s impact on your wages and salary – not merely the revenue you’ve lost but also the money you would have made in the future if the accident hadn’t taken place.
Pain and Suffering
Pain and suffering are somewhat challenging when seeking legal recourse. Consequently, lawyers encourage clients to collaborate with mental health experts to document their suffering and pain. Somebody pursuing a claim must document the activities that he or she enjoyed previously but can no longer engage in. In some states, people who weren’t immediate parties in an accident can equally pursue compensation for suffering and pain.
Emotional distress is usually associated with severe accidents, and the plaintiffs are compensated for the psychological effect of an injury, for instance, anxiety and fear. This type of damage is a much more difficult injury to pursue. The infliction of emotional distress occurs intentionally or negligently and covers a broad range of injuries from threats of harm to defamation.
The Settlement Process
A common misconception surrounding a settlement is that claims always lead to trials and lawsuits. This isn’t true. The settlement of a huge proportion of claims occurs without proceeding to court.
Once a settlement takes place, the responsible party will incorporate provisions that exclude further actions associated with the case. Plaintiffs can decide to proceed to trial in case negotiations fail. If this occurs, the court will hear both sides and deliver a judgment. To discourage liable parties from evading negotiations, courts have the right to impose extra compensation for punitive damages and attorney’s fees.
If you have sustained an injury in an accident and believe that the other party is responsible, you might want to pursue legal action. Before filing a claim, it is best if you familiarize yourself with this area of law.