In the United States, more than 31 million people each year visit the doctor for injuries. The National Institute Health Statistics cite car and truck accidents as the most prevalent cause, followed by falls, construction accidents, medical mistakes, assaults, and sport and recreation. More than 60 percent of civil lawsuits involve personal injury claims, according to the US. Department of Justice.
Personal injury lawsuits happen when someone is hurt or dies due to the wrongful actions of another person. It may be intentional or unintentional, and involve negligence or malpractice. When this happens, the injured or surviving party may be entitled to monetary compensation. There are several factors that attorneys and the court look at when deciding on an award for damages.
Statute of Limitations
Personal injury claims must be filed within two years of the ate of injury, or 1 year from the time the injury is discovered. Claims against government entities need to be filed within six months. While there are exceptions to this rule, its important to have an Al Habra personal injury lawyer working your case before the deadline expires.
Determining degree of fault
Typically, an insurance adjuster makes a determination on how much fault each party bears in an accident claim. Obviously, if you are at fault, you don’t have a claim. Attorneys work with adjusters to help make sure a victim isn’t unfairly assigned a higher degree of fault than deserved.
Extent of injuries
Minor injuries are typically not worth pursuing in a civil lawsuit. However, when the injury is severe enough to warrant medical care, it becomes important to be compensated for these expenses. In some situations, medical care may be ongoing and these future bills must be addressed. It’s always a good idea to keep copies of any medical care you have received.
Financial well being of liable party
Although it is helpful if the liable party has an insurance policy, it’s not always a requirement. It is possible to recover damages if there are any substantial assets. In cases where there are no assets and no insurance, it may not be possible to pursue a claim.
Less than four percent of personal injury lawsuits go to trial. While there is no way to predict the outcome of any particular case, most cclaims are settled between the litigants. Al Habra personal injury attorney can help you evaluate you claim and ensure your deadlines are met in a timely manner.