A personal injury case or lawsuit is a case or suit where a person suffers a personal injury. The causes of personal injuries are many and varied. For example, the injury may result from a wreck, an on-the-job injury, a hidden danger in a building, or getting struck by another person or vehicle accidentally or intentionally. When another person or firm causes the injury, the injured person may be able to take legal action and recover compensation (money) for past and future medical bills, lost wages, pain and suffering, and more, depending on the case.
Some personal injury cases will be negotiated and settled or resolved without going to trial. If a case goes to trial, a judge or a jury will decide on the amount of money that an injured person will receive. When personal injury cases do go to court, the injured party’s attorney generally initiates the proceedings. The attorney files a formal lawsuit against the at-fault party, or defendant, and asserts that the defendant took irresponsible, reckless, or careless actions that caused the event that led to the injuries.
Before you bring your personal injury case to court or to a settlement, be well prepared. Obtain copies of medical records and bills, know the prognosis and whether future treatments will be necessary, compute the amount of hard dollar damages, and talk to a lawyer about what types of damages you may be entitled to receive. Take notes immediately after the event and keep a journal about your injuries and the effects that they have on your life. Keep up with your mileage to doctors’ offices and to other healthcare providers. Keep receipts of prescription drugs and non-prescription items used to alleviate pain or discomfort. Preserve the evidence of the event and your injuries by taking photographs, identifying witnesses, and acquiring their contact information and recollection of the event.
Also, remember: Like other legal and judicial matters, there are statutes of limitations for personal injury cases. The statutes of limitations for personal injury cases differ from state to state, and they begin when the injured person receives the injuries or realizes he or she has them. In Tennessee, the statute of limitations generally is one year for most personal injuries.
Know that the adjuster for the party that caused the injury generally is trying to pay as little as possible and is a trained negotiator. Most people do not have the knowledge of the law or the practical know-how to assess a realistic settlement or to get a feel for the amount recoverable in trial by a judge or jury. It is prudent to hire a lawyer knowledgeable about personal injury cases.
If you are injured in a wreck, on the job, or elsewhere, know that you have rights and legal remedies. You may be entitled to receive money due to your injuries. For more information, contact Nashville Attorney Perry A. Craft. He will fight for you.