There are different types of personal injury cases that occur due to legal disputes. Basically, someone may want to file a personal injury case if they experience harm or injury due to the actions or inactions of another person who might be legally responsible, according to FindLaw.com. This would include car accidents, dog bites, medical malpractice, and slip and fall accidents.
Civil Court Proceedings Versus Informal Settlements
In some instances, FindLaw.com indicates that personal injury cases may go to court. It is much more common, however, for these cases to be resolved informally on a pre-trial basis. In other words, a formal lawsuit may not need to be filed.
During an informal settlement, FindLaw.com reports that the individuals involved, along with their attorneys and insurance companies, will usually enter into a negotiation. Once a financial settlement is agreed to by both parties, this will be put in writing. It’s important to note that both sides need to agree that they won’t take any further action, which includes not filing a lawsuit in the future.
Statutes of Limitations
There is a specific amount of time within which someone can file a lawsuit, per FindLaw.com. This is referred to as a statute of limitations. In general, this time period will begin when the plaintiff sustains an injury or discovers that an injury has occurred. If someone has been in a car accident, for example, they may not immediately realize the extent of their injuries until they’ve visited a physician.
According to FindLaw.com, statutes of limitations usually vary by state. There may be some overlap, however. Since these statutes are based on state law, and take the type of injury into consideration, it’s important to review the state-specific mandates for more detailed information.
Schedule a Consultation With a Personal Injury Attorney
If you’ve been in an accident or become injured due to a situation that was beyond your control, it’s important to consult with a personal injury attorney. At this time, you will be able to discuss what occurred with your attorney in order to determine how to proceed. In the event that your lawyer indicates that you do have a valid case, they will be there to assist you throughout the process. Remember that it’s likely you won’t need to go to court as most of these types of cases are settled on a pre-trial basis.