Types and Process of Personal Injury Lawsuit

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Types and Process of Personal Injury Lawsuit

If you or your loved ones got injured in an accident that resulted from someone else’s negligence, you might consider filing a personal injury lawsuit. A lawsuit is a legal way to get the compensation you deserve for the injuries suffered to pay your medical bills and make up for the lost income.

Most of the victims are often unaware of their rights and the process of filing a lawsuit to fight for their rights.

Types of Injury Lawsuit

Birth Injury Lawsuit

A legal way for parents or legal guardians to seek justice and compensation for the injuries suffered by a child through medical mistakes is a birth injury lawsuit. If you believe that your child got injured due to the medical provider’s negligent actions, a case can give you a sense of justice.

Personal Injury Lawsuit

Legal disputes that arise when a person suffers injuries or harm from an accident due to someone else’s negligence are personal injury cases. 

Work Injury Lawsuit Settlements

A work injury lawsuit gets filed when the employer or the employer’s insurance company denies the worker’s claim for the injuries suffered while working for their employer. Work injury lawsuit settlements occur when both of the parties settle the case outside the courtroom.

Motor Vehicle Accident

On average, 1% of the population of the United States suffers injuries in motor vehicle accidents each year, converting to 3 million individuals each year. You might be entitled to compensation for your damages or losses if you got injured in a motor vehicle accident due to someone else’s negligence.

Medical Malpractice

Medical malpractice occurs when a medical provider or a healthcare professional neglects to provide appropriate treatments to their patients, omits to take preventive action and gives the treatment that causes further harm, injury, or even death.

Filing a medical malpractice lawsuit allows patients to recover compensation for any harm from the healthcare professional’s treatment. 

Wrongful Death

A wrongful death lawsuit gets filed when someone has lost their life due to someone else’s carelessness. Most wrongful death suits arise from medical malpractice, nursing home neglect, airplane accidents, use of a defective product, or motor vehicle accidents. 

Workplace Accident

A worker can claim workers' compensation benefits provided by the employer’s insurer if the employee suffers on-the-job injuries. Workers' compensation insurance is an essential mechanism mandated by the government in the United States for helping injured employees in recovering from on-the-job injuries.

Premises Liability

An accident caused by a defective or dangerous condition of someone’s property or land gives premises liability. Accidents that contribute to premises liability can occur almost anywhere. It is essential to document the dangerous or defective condition of the premises as soon after the accident as possible. Documenting the condition helps greatly in recovering the compensation for injuries suffered.

Products Liability

A person can suffer serious harm by using dangerous and defective products. Medical instruments are one of the products that lead to product liability lawsuits. 

Click here to know more about types of injuries on thetexasattorney.com.

Process of Personal Injury Lawsuit

Personal injury lawsuit varies from case to case and situation to situation. However, the typical steps taken to file a personal injury lawsuit of any kind are as below:

• Consultation with an attorney (The first consultation is free in most of the cases in the U.S.)

• Investigation of the case by an attorney, once the attorney gets hired

• Documenting damages and injuries suffered by the victim

• Filing the personal injury lawsuit as per personal injury law

• Discovery process where attorneys of both sides exchange facts, documentation, and information

• Going through mediation in an attempt to facilitate a settlement

• Settlement

• Trial - If two sides cannot agree on a fair settlement, the case goes to trial.

Click here to know more about the process of a personal injury lawsuit on thetexasattorney.com.

How long does a personal injury lawsuit take?

There’s no definite answer to this question. However, most cases in the United States take anywhere from a year to five years after an attorney gets hired to conclude. The period of the case varies based on the severity of the injuries suffered, the number of damages, the Court’s schedule, the insurance company’s willingness to be reasonable, etc.