A personal injury lawsuit is filed by the victim of the injury(plaintiff) against the person/entity responsible for the accident. The plaintiff has to prove that the defendant is responsible for the injury caused.
In a personal injury lawsuit, the plaintiff is required to prove that the defendant is responsible for the injury. And, then he claims damages against the defendant for the injury caused.
The plaintiff needs to prove the following elements of negligence:
- Defendant’s duty
- Defendant’s breach of duty
- The actual and proximate cause for the injury
These aspects vary according to the nature of the accident causing the injury.
The types of injuries that are covered in a personal injury lawsuit include brain injury, fractured bones, burn injuries, drowning, electrocution, spinal cord injury, etc.
The personal injury lawyer will get the plaintiff to testify to explain the repercussions due to the injury. The doctor treating the plaintiff and other experts will also be called to the court to discuss the effects of the injury.
The claims made against the defendant will include the current and future medical expenses. In addition, they will include the financial losses suffered due to loss of workdays, in certain cases loss of a job, etc. In certain types of injuries, the individual may take a long time to recoup and get back to normal. The personal injury attorney will need to support these claims with testimony by experts in the field.
In most personal injury lawsuits if the guilt of the plaintiff is proved, the insurers will bargain the amount claimed as damages.
The defendant in the case will first try to prove that he is not responsible for the injury caused. However, if there is strong evidence to prove otherwise, he is bound to pay compensation to the plaintiff.
In this case, the defendant’s attorney will try to minimize the severity of the injury. The lawyer may get experts to challenge the claims made by the plaintiff regarding the injury and try to prove that the impact of the injury is lower than that claimed by the plaintiff.
In certain personal injury lawsuits, the defendant’s lawyer could try to prove that the accident occurred due to the fault of the plaintiff.
The compensation in personal injury cases is paid by the insurance company of the defendant. Insurance companies conduct an independent investigation to assess the claims made by the plaintiff. They may also carry out surveillance on the plaintiff to verify his claims about the extent of injury caused.
A plaintiff can make build a strong case for himself by ensuring that he has all the documentary evidence to support his case. He can send a claim letter to the insurer along with the documents supporting his claim. It is recommended that the plaintiff make a high claim initially because negotiations are unavoidable in most personal injury cases. So, if he stakes a claim for a high amount, he has a margin to negotiate.
Since there are so many intricacies involved in a personal injury lawsuit, the injured individual should hire an experienced personal injury lawyer to represent him.
Autrey Law Firm has a team of lawyers who have expertise in personal injury lawsuits!