Were you injured in an accident for no fault of yours? If you consult with a personal injury lawyer will tell you that anyone who has been involved in a personal injury accident can file a claim. However, there are some (rare) exceptions.
You’re the plaintiff if you were injured
Your personal injury lawyer in Colton will tell you that the person bringing forth the lawsuit is (general) the plaintiff and the injured party. In most instances, the following apply to the party filing the lawsuit:
● You were driving a car that was rear-ended
● You had a major slip and fall injury in a store
● You were bitten by an improperly restrained dog.
Your personal injury lawyer will tell you that the process may be as simple as alerting the defendant’s insurance company if he or she has insurance. If the defendant doesn’t have insurance, you have to enter a judgment seeking a settlement with the courts. The courts will then have to enforce this judgment.It’s in light of these truths and realities that many people ask the following questions:
1. Do you need to hire a personal injury lawyer? No, you don’t, however, doing so will greatly increase the odds of winning your personal injury case and a handsome settlement from the defendant. This is because personal injury lawyers are trained and experienced professionals who will fight your case in court and do everything they can to win!
2. Do you need permission to file a personal injury claim? Generally, no. you just need to have sufficient evidence that you were injured in an accident to file a claim. The exceptions are in medical malpractice lawsuits. There, you’ll have to file within the statute of limitations. If you are suing the government, you’ll need to file an administrative document that will alert the state or local government about your claim before you can proceed with your lawsuit
3. Can family members and close ones file a personal injury claim? Sometimes. This is especially true if the plaintiff dies in a personal injury accident. Family members can also file a lawsuit based on the ‘loss of consortium’ or companionship.
You will likely be paying your personal injury lawyer a fixed fee. The amount you will pay him or she will depend on how complex your case is. It also depends on how much it cost to take your case to trial. Now that you know who and under which circumstances can a lawsuit be filed; you are more likely to win your personal injury lawsuit in court. Ensure you work with a good lawyer with plenty of experience in the field.