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Is My Injury Significant Enough to File a Lawsuit? 5 Things You Need to Know

In the case of a personal injury, respond quickly. You will face more damage if you wait too long. A personal injury lawsuit can be filed if you experienced an injury after an incident.

Prepare your case before filing a personal injury lawsuit. The guide will teach you when you can file a personal injury case and if your injury is severe.

Why Does Personal Injury Lawsuit Happen?

When an accident harms one person, a legal dispute may arise about who is to blame. That party’s insurance carrier will pay the injured party’s medical bills.

Things like pain and suffering and other long-term care expenditures will be included. Your personal injury lawyer can assist you in proving the hospital or insurance malfeasance.

The lawyer will also help establish personal injury lawsuits in civil court. A court session may be required to determine who is legally accountable for a crime.

What Takes Place During a Personal Injury Lawsuit?

Litigation is something that most individuals have never had to deal with. Many accident victims and their families worry about personal injury lawsuits.

A trial is conceivable, but most cases do not go to trial. So, you shouldn’t be too stressed. A personal injury case could be broken down into the following phases.

Contacting a Credible Personal Injury Lawyer

When you’ve got a valid claim against a negligent party, contact a personal injury lawyer ASAP. Bring any supporting documents, medical records, and notes you’ve made regarding the incident.

Employing a Personal Injury Attorney and Knowing the Methods of Payment

Personal injury lawyers are usually compensated on a “contingency” basis until you win. A portion of the overall recovery is used to calculate your lawyer’s fee. You can make the payment after you get monetary compensation. This percentage ranges from 25 percent to 40 percent.

Evaluate the Lawyer Who Will Handle Your Lawsuit

Personal injury cases could be won or lost depending on whether or not you have the correct attorney on board. It’s essential to find out whether the attorney has any relevant expertise. You also have to know if they have a good track record of success in your particular sort of case.

The attorney will ask you many questions at the first meeting to get a thorough picture of your situation.

Avoid any lawyer who promises you a certain quantity of money at your first meeting. A skilled expert like a Pasadena personal injury lawyer will assess the situation seriously. Keep this in mind while looking for a lawyer so you don’t end up with someone who won’t take your case seriously.

The Investigation of Your Case

Your lawyer will investigate your case. They will interview witnesses and gather your testimonies to assess your injury. They will collect all the necessary images that will be an asset to your lawsuit.

If your damage is severe enough, they may reveal additional details that might support your case. For example: 

  • How much compensation you should ask for
  • The kind of damages (economic damages, general damages, etc.) you can add to your claim.
  • If you are suffering from severe PTSD, what else can you get from the opposite side?

They will calculate the total cost of your injuries, damages, and expenditures. Then, they’ll call your insurance company and the other party’s attorney. Your lawyer will keep you informed of all important occurrences throughout the case.

The Impact of a Pre-Litigation Settlement

Before a lawsuit is filed, many personal injury claims are settled out of court. Your lawyer will do the negotiations with the faulty party’s insurance company.

Insurance companies often make settlement offers. Your personal injury lawyer will be able to evaluate the whole thing.

Mediation

It is possible to seek mediation at any moment throughout a legal proceeding. The procedure involves both parties, their attorneys, and a third-party mediator. The mediator facilitates settlement discussions by allowing both parties to express themselves.

Taking the Matter to Trial

When the matter gets to trial, the attorney for the plaintiff presents their case to a judge or jury. In the meantime, the defendant’s counsel will lay out their case. Then the judge or jury will decide:

  • if the defendant is legally accountable for your injuries and harm or not.
  • how much money the defendant must pay you as a result of those injuries and pain.

Is My Injury Serious Enough?

“Pain and suffering” is a legal phrase that refers to physical and emotional injuries. You may be entitled to pain and suffering compensation in a vehicle accident lawsuit.

Pain and Suffering in the Body

Even if the accident was not your fault, your injuries might cause you days of misery. They have the potential to cause severe and long-lasting discomfort. Chronic pain may linger for weeks, months, or even years.

Various medical conditions like the ones mentioned below may be eligible for pain and suffering compensation.

  • Backache
  • Severe brain injury
  • Pain in the neck
  • Bones that be broken or shattered
  • Damage to the internal organs
  • Damage to the nervous system
  • Headaches
  • Muscle tears or sprains
  • Joints that are out of place
  • Paralysis

The Loss of a Loving Relationship

It is common for family members to suffer from a loss of consortium after the death of a loved one. Unavoidable death victims’ families may be entitled to further compensation. They will need that for their mental and physical distress.

Intense Emotional Anguish

Depending on the event’s severity, the emotional distress might last days or years. After an accident, mental distress might manifest as physical pain. Here are a few instances of emotional distress:

  • Trauma to the mind
  • Fear
  • Insomnia
  • Stress
  • Anger
  • Grief

Injury Claims and Their Components

Examine the details of your cases with a personal injury lawyer. For example:

  • If there was an obligation on the part of the defendant or not.
  • Whether the defendant failed to fulfill their obligation.
  • A lack of attention caused the injuries.
  • The victim has been harmed by carelessness

The victim should expect to be compensated if their case contains any of these elements. It is also necessary to prove the defendant caused the injury. Images and remarks from witnesses might be used as evidence.

Ways to Demonstrate the Gravity of Your Injuries

Personal injury claims and lawsuits may need documentation of injuries and damage.

Pain and Suffering Calculation

The case’s facts and evidence must be examined. It is vital to understand the severity of your pain and suffering damages. These two methods will allow you to quantify the pain and suffering in your personal injury case.

  • The Per Diem Approach

Pain and suffering will be quantified using the per diem technique. It gives a monetary value to one day and multiplies it by the number of days the injury impacted the wounded individual.

The length of hospital stay will be included in the discharge date. A victim’s condition reaches most recovery when a doctor can no longer expect it to improve.

  • Multiplier Calculation Method

Multiply the total economic losses by a number from one to five. Medical bills, lost wages, and other out-of-pocket costs are all economic losses. Insurance adjusters called them “unique damages.” 

Additional Things

Doctors and other experts might have to testify about your injuries during a trial. The opposite side’s insurance company may try to undermine your injury claims. They will do that by accusing you of faking or exaggerating.

Or they might blame your injuries on anything else. Prepare yourself for such unethical tactics by hiring an expert lawyer.

Final Words

Personal injury compensation is a complicated procedure. Ensure your personal injury lawyer has dealt with situations similar to yours before. The expert should have a successful track record.

Understand that cases may go on for months or years. So, you’ll need a good working relationship with your lawyer.

Remember that you only have one opportunity to recover compensation for your injuries or losses. Having the right lawyer on your side can make all the difference in your personal injury case.

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