If you suffer an unjust injury, you have certain legal rights and need to speak with personal injury lawyers who can advise you of your legal options. If you can demonstrate that someone else was negligent or breached a legal obligation, then you can pursue a claim for personal injury or wrongful death. An attorney can provide you with insight as to whom you can rightfully take legal action against, as well as represent you as you pursue a damage claim.
How Lawyers Help After You Get Hurt
When you get hurt, the first thing you need to do is to determine if someone else was to blame. Certain states’ tort laws allow you to sue a person, a company, and, in some situations, a government agency. In order to be successful in a lawsuit, you need to be able to prove that the defendant breached a legal duty. Usually, this means proving the defendant was negligent or unreasonably careless. However, in some situations (like when you get hurt by a defective product), a different legal standard is used.
Personal injury lawyers can review the circumstances surrounding how you got hurt to help determine who, if anyone, breached a legal duty to you. Sometimes you will identify just one potential defendant to pursue a claim against. In other cases, you will have multiple people and companies you could potentially sue. For example, if you get hurt in a trucking accident, you may not only obtain compensation from the driver but also from the trucking company.
After helping you to decide whom to sue, personal injury lawyers can assist you in filing the appropriate paperwork with the court. You must sue in a court that has jurisdiction, which means you need to sue in the area where the injury took place or where you and the defendant live.
Many injury claims settle outside of court, so you may not end up having to file court paperwork at all. Settlement negotiations can also continue after you have filed suit and even after you have begun presenting evidence. However, once you settle, you will not be able to change your mind. As a result, it is important to talk to an attorney before you sign any paperwork. You need to ensure that the settlement is fair, reasonable, and sufficiently covers your injuries before you agree to give up the right to sue in exchange for the settlement money.
Presenting Your Case in Court
If your injury claim does go to trial, it is imperative that you have top-notch advice from an experienced litigator. There are specific rules of evidence, and you have the burden of proof when you are involved in a personal injury claim and are seeking compensation. Your attorney can help you to present witnesses, expert testimonies, and other proof that the defendant is to blame and responsible for hurting you.
There is never any guarantee in an injury claim, but people who hire lawyers will have representation from an experienced advocate who knows how to navigate the civil court system. This can give you a better chance of getting full and fair compensation than if you try to go it alone.