(Newswire.net — May 8, 2018) — Personal injuries can run the gamut from minor irritations to life changing events. If you have had a personal injury inflicted upon you due to someone else’s negligence or fault, you need to know that you are not alone, and, in fact, personal injuries are quite common. Knowing your rights can help you receive the medical treatment and compensation that you need and deserve.
The best way to understand your rights is to seek assistance from a reputable attorney, since there are many legal avenues that personal injury claims can take. However, you should be aware of some basic facts before you meet with your attorney.
There is a Statute of Limitations
You, the plaintiff, will have a certain amount of limited time in which you can file your claim, usually beginning at the time of injury or discovery of injury. These statutes vary depending on the state you are in and by the type of injury itself.
Your attorney will analyze your injury and the circumstances around it and the time elapsed since it occurred. He or she will know the laws and be able to help you determine the best avenue to take to receive compensation for your grievance.
Formal vs Informal Lawsuits
Resolving your case is not a cut and dried issue where one size fits all. There are multiple levels of cases and many steps along the way where resolution can occur if both parties are in agreement. There are also formal and informal lawsuits, and your attorney will help you decide which one is best for you on an individual basis.
Formal lawsuits begin when an individual (the plaintiff) files a complaint in a civil court against another party (the defendant). In this complaint, the plaintiff alleges that the defendant acted negligently or carelessly in a way that caused harm to the plaintiff. An official lawsuit is filed and the ultimate resolution can take place in a court room, with the outcome determined by a judge.
Informal lawsuits generally occur when everyone involved in the case, with attorneys representing both sides, participate in negotiations. When both parties are satisfied, a settlement occurs, after which point a written agreement is drawn up eliminating the possibility of any further action pertaining to this specific claim.
The Supreme Court has a guidebook to assist you if you are looking for further understanding on “Resolving Your Case Before Trial.”
Know Your Rights
Your injury has affected your life, and as such, you have a strong vested interest in the positive resolution of your personal injury claim. Personal injury lawyers are trained and knowledgeable about the laws in your state and about the details of your case. The right lawyer truly is a crucial part of a successful outcome.
However, understanding your rights, listening to your attorney explain your options, and knowing what to expect is part of that success as well. Instead of simply relying on your attorney to win your case for you, become part of the process and work with him or her as a team.