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How to File a Personal Injury Lawsuit

Defining Personal Injury

A personal injury is caused by an array of accidents that result in severe injury or fatality. The accidents include car accidents, bicycle accidents, motorcycle accidents, pedestrian accidents, trucking accidents, worksite accidents, defective products, dog bites, and harmful property conditions. Most accidents occur due to some form of negligence. If an injury occurs, it’s important to get as much information and evidence as possible to win a personal injury case and receive proper compensation for damages.

There are different lawsuit cases within the category ‘personal injury’ that can be filed, such as motor vehicle accidents, wrongful death, bicycle accidents, pedestrian accidents, head and brain injury, spinal cord injury, product liability, and premise liability.

Although being injured and having to file a lawsuit is an unfortunate position to be in, filing a lawsuit can help relieve mental distress caused by the inability to cover medical expenses, the loss of wages due to injury, the mental anguish caused by the accident, and the potential property damage.

Filing A Personal Injury Lawsuit

When a person files a personal injury lawsuit, the injured person becomes the plaintiff, and the accused person becomes the defendant. The lawyers defending both parties gather evidence by asking questions and collecting Personal injury facts. The official term for this process is called discovery. Once discovery has been completed, the majority of cases are resolved without a trial. Because discovery usually provides enough evidence to settle a case, a very small percentage of cases actually reach trial.  

There are certain time frames to abide by when filing personal injury lawsuits. These are known as the statue of limitations. Each state has different filing requirements, but some states require injured persons to file a claim within one year, otherwise, the case is rejected by the court. Because of these statutory requirements, it’s vital to start collecting evidence as soon as possible after being involved in an accident.

Winning a Personal Injury Lawsuit

When a plaintiff wins a personal injury lawsuit, they are compensated for their damages or losses. Compensation could cover physical pain and suffering, as well as any physical disfigurement or disability. Compensation also covers any other mental, physical, and emotional damages caused by the accident. Helpful information to provide (to increase the chances of winning a lawsuit) would be medical reports, proof of future wage losses, vehicle diagnostic reports and receipts, and psycho-analysis reports.

In some cases, even though a plaintiff wins a personal injury lawsuit, the defendant might not be able to afford to compensate for the plaintiff’s losses and damages. The right attorney can sue additional parties depending on their relationship to the defendant. Additional parties include the defendant’s landlord or employer.

A personal injury can happen to anyone at any time. Being educated about what constitutes a personal injury, and how to proceed with the filing process, will help any injured person receive proper compensation for their unfortunate damages. Adequate evidence and the right attorney can help an injured person win their case, which can lessen stress and aid in the healing process.

At Los Angeles Injury Group, our attorneys have experience helping families and individuals through the trauma of a personal injury. If you have been injured, please call us at (310) 954-7248 to discuss your case and the legal options you can pursue to secure the compensation you deserve.

Note for the readers: This post has been derived from the use of secondary sources and the information provided has not been independently confirmed. The photos depicted in these posts are not representative of the actual accident.  Any inaccuracies will be swiftly corrected once they have been brought to the site’s attention and all requests to remove posts will be honored.

Disclaimer: This post is intended to provide general information to our readers and to honor the victims of everyday tragedies. We do not wish to cause any disrespect and none of the information contained in this post should be construed to constitute legal or medical advice. Laws vary by jurisdiction and cases often turn on minor differences In fact. Do not rely exclusively on any of the information contained in this post and seek further assistance from a legal or medical professional, where necessary.

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