When you are injured through the negligence of someone else, you are the victim of a personal injury. Automobile accidents are prime examples of a personal injury because at least one party is at fault. In these cases, the victim is almost always hurt in one way or another. Being injured due to the carelessness of someone else means you could file an injury claim.
The question, however, is how you know you have an injury claim. When visiting an attorney, the attorney evaluates the evidence you have in the case, as well as your own statement to determine whether or not you have a case. Since most attorneys do not require any money up front but rely obtaining their fee from the settlement, it is important that they ensure they are taking on a case with the strong potential for a win.
When a claim is filed, there are two categories in which it may be placed: Tort law or civil claim. Tort law is what is pursued the most because there are two very important elements and they are liability and damages. These are the areas where compensation is determined.
To determine if there is a case, the attorney must evaluate whether or not the statute of limitations has been exceeded. The statute of limitations is the amount of time in which a claim can be filed. The statute of limitations may also vary based on state and the type of case. For example, an auto accident case in Ohio may not have the same law as New Jersey, while the amount of time to file an auto accident lawsuit may be different than that of a defective product claim.
The next thing the lawyer will evaluate is your statement of events. You will then be asked for any evidence to support the injury claim. If you do have evidence, then you can present that evidence. If no evidence exists, then you can tell your attorney how they can acquire it. If you do not know how to tell your attorney how to acquire it, he or she knows of ways in which they can.
If it is determined that the injury claim is a valid one, then the attorney will continue gathering evidence to strengthen the case. He or she may consult with experts such as medical experts, recreate an accident scene, evaluate police reports, and maybe even hire a private investigator. It must be known, however, that the attorney can still determine that there is not a case during this process. If enough evidence is obtained, then the process continues.
From this point, the negotiated settlement is the next step. This is the preferred method of obtaining compensation because it is quick. If an agreement cannot be reached to compensate for financial damages, a jury trial may be next. Jury trials are time consuming an the defendant has the right to appeal multiple times. Each time a judgment is handed down, it can change.
So if you think you have an injury claim because you were injured due to the carelessness of another party, consult with an attorney. Since the initial consultation is frequently free, you have nothing to lose.
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