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Being injured in an accident can turn your life upside down. Once you start your medical treatment and see the bills that are accumulating, you may start thinking that the only way to get the money you need to take care of those bills is through a personal injury claim. However, you might be unsure what your rights are and how much your injuries might be worth. An important first step before making any decisions is talking to a personal injury attorney in Pittsburgh who will be able to explain your options and clear up any doubts you may have regarding personal injury lawsuits.
What is a personal injury lawsuit?
Bringing a civil action against the person or entity responsible for your injuries means you are filing a personal injury lawsuit. Its purpose is to recover the financial compensation you need tocover the losses and damages from the accident. These may include medical expenses, lost wages, and pain and suffering.
For your personal injury claim to be successful, you and your attorney must be able to prove that the defendant is liable for your injuries. That is, you must prove that they were negligent or otherwise at fault for the accident.
Liability needs to be established for the court to determine how much your case is worth and how much you should receive, provided you had not settled your case beforehand.
What are the most common types of personal injury lawsuits?
Some of the most common types of personal injury claims include the following:
- Car accidents
- Slip and falls
- Medical malpractice
- Injuries due to defective products
- Injuries in the workplace
You would file your personal injury claim against the party responsible for your injuries, which means that in a car accident, it would be the other driver, while in a case of medical malpractice, it would be against the doctor, hospital, or healthcare provider responsible for your injuries.
Preserving Your Rights After an Accident or Injury
The actions you take after the accident or injury play an important role in preserving your legal rights when the time comes to file a personal injury claim. There are some important steps that must be taken when that happens.
Seek Medical Attention
Your health should always be your priority, especially when there has been an accident or there are injuries. However, even if your injuries are minor or you feel fine, it is important to get a medical checkup to ensure there are no hidden or internal injuries you may not be aware of. If emergency medical personnel get to the scene and offer to treat you, never refuse help.
Document the Scene
Use your phone to take pictures of the accident. If it was a car accident, photograph both vehicles, their position on the road, and their damage. Also, take pictures of anything that might have contributed to the accident, of yourself, and your injuries. Exchange all important information with the other driver including their license and insurance policy number.
Keep a Personal Journal
It is important to write down everything you remember from the moment the accident happened.
Memories tend to fade and you should preserve them by writing them down. Include the progress of your injuries, your medical appointments and treatments, how the pain has affected your life, whether you have been unable to go to work and what financial burden that has represented, and your mental state throughout the entire ordeal.
Minding the Statute of Limitations
The statute of limitations for most personal injury cases means that you have two years from the day of the accident to file the claim. Other cases allow the time to start running when you realized you were hurt. Working with your attorney is the best way to ensure that no important deadlines are missed since this could jeopardize your chance of getting the compensation you deserve.
Filing the Lawsuit
The personal injury lawsuit begins with the complaint filed in court. In this document, you outline your allegations against the defendant and the damages you are seeking. The complaint contains a summons for the defendant, letting them know that legal action has started and they need to respond within a specified amount of time after the summons is served.
The defendant will then file a response either denying the allegations or admitting some or all of them. It should include the defenses they plan to include in court.
Once this happens, both parties will exchange documents and request further information when needed. You may find that you get a reasonable offer at this time, and your case may get settled before going to court. Your lawyer will work with you to ensure you get the compensation you deserve to cover your damages and losses.
