Most people have never had to go through the process of a personal injury case. The task can seem daunting, even with the assistance of legal counsel. Most individuals have questions along the way, and unfortunately, those questions aren’t always answered with the best information. If you have questions about personal injury cases, you’ve come to the right place. The following are the most common questions people have about personal injury cases.
What is a personal injury case?
A personal injury case is when one person files a case against another, claiming that they were injured as the result of negligence by the other party. The case is filed in court and a trial date is set.
How does a personal injury case get started?
First, the injured person should file a personal injury claim. Typically, there is a statute of limitations that determines how long a person has after their injury to file. Typically, this statute of limitations is two years.
Once the case is filed in court, the other side is served with a copy of the paperwork. They will then file a reply. Then, both sides have time to build their case and contact witnesses and gather evidence. Preliminary motions can be brought to the court if either side desires to do so.
How likely is it that a personal injury case goes to trial?
According to Matthew Landau, founder of a personal injury law firm in Florida, most personal injury cases don’t actually make it to their trial date. Typically, a settlement is agreed upon before that date arrives. It is often beneficial for both sides to settle rather than use resources battling in court. The stronger a person’s case is for their claim of damages, the more likely the opposition will try to settle.
However, some cases do go to trial, so you will need to be prepared for that possibility. If there is a major disagreement with the facts surrounding the case, or if there is a contested legal issue, the opposition may decide to take the case to court.
How do I know how much a case is worth?
Every personal injury case has concrete damages and subjective damages. Concrete damages are those that can be proven with receipts, documented lost wages, and other such evidence that can be substantially proven. Subjective damages are those that cannot be proven. These often include pain and suffering.
Determining how much a case is worth requires both the objective and subjective damages to be added together. Since the subjective amount can vary depending on opinion, this is the most difficult part about determining how much a case is worth. A good rule of thumb is to assume that the sum of the concrete damages is the minimum worth of the case, and any subjective damages can be added from there.
How long does a settlement take?
The length of time it takes to get a settlement depends on the individual circumstances of the case. Some cases can be settled in a few weeks, while others can take much longer. The more complicated the case is, the longer it is likely to take. A settlement can be made up until the judge or jury decides upon a verdict.