If you have been injured in an accident, you’re probably curious whether a personal injury lawsuit could help compensate you for your injuries. You also probably have questions about whether you need to file a lawsuit, what happens during the lawsuit, and what you could recover. To get answers to your questions, you should seek out a local personal injury lawyer who can advise you about your legal rights.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a case filed in court by someone who has been injured in an accident caused, at least in part, by another person or other people. Please note that if you were injured due only to your actions (such as in a solo car crash), a personal injury lawsuit may not be right for you. During the lawsuit, the person who filed it tries to prove that the other people caused the accident and should be held legally responsible for their actions. Typically, a judge or jury finding of legal responsibility means that the people who were sued (known as the defendants) have to pay monetary damages to the injured person who filed the lawsuit (known as the plaintiff).
Plaintiffs can file personal injury lawsuits to seek various types of damages (i.e. claims for emotional distress, lost wages, and medical bills). Some examples of potential legal claims that could give rise to a lawsuit include:
- Car accident injury claims
- Motorcycle accident injury claims
- Medical malpractice injury claims
- Slip and fall accident injury claims
- Pedestrian accident injury claims
- Bicycle accident injury claims
Personal injury lawsuits involve many steps, such as gathering evidence, questioning witnesses, and potentially presenting the case at a trial. They can take time to move through the court system. There are potential expenses involved as well. Lawsuits cost time and money, which is one reason why many personal injury claims settle before they reach a court trial.
What If You’re Not Ready to File a Personal Injury Lawsuit?
If you don’t feel ready to file a personal injury lawsuit, we still strongly suggest that you schedule a free consultation with an attorney for two reasons. First, you may have alternatives to filing a lawsuit available that could help you obtain the compensation you deserve (discussed below). We understand that not everyone is interested in going to court. However, you may have options for compensation that you did not realize were available. Second, both Oregon and Washington have limitations on how long you can wait after your accident before filing a lawsuit. If you file too late, the defendants can get your case dismissed using these statute of limitations laws. In other words, don’t wait long after the accident to seek legal advice. It’s better to speak with a personal injury lawyer as soon as possible to protect your rights.
Alternatives to a Personal Injury Lawsuit
Many personal injury cases never make it as far as a court trial. That’s because reaching settlements with the people who caused the accident and the insurance companies involved is extremely common. Settlement means an agreement that the people and/or the insurance companies will pay an amount of money to the injured person. In exchange, the injured person agrees not to pursue any further legal claims against them. Settlement discussions can happen at any time following the accident. Insurance companies often attempt to seek settlement in the days immediately following an accident, before a party has a true understanding of the severity of the injuries they’ve sustained and the costs of the necessary treatment. It is advisable to avoid discussions of settlement immediately following an accident, as once an agreement has been signed, the injured person gives up all future claims for additional compensation.
Your personal injury lawyer can advise you on how best to pursue a settlement. It’s common to make a settlement demand to the insurance company or the person who caused the accident. To do so, you must assist your lawyer in locating information and documents supporting your damages. For example, you may need to provide doctors’ bills, receipts for medication and medical equipment, and documentation of missed work. Speak to your lawyer about what to do, or find a good local personal injury lawyer to advise you about settlement.
Need Legal Help After an Injury Accident? Call the Kang Law Group
Were you in a serious accident where someone else was at fault? You need legal advice about filing a personal injury lawsuit or reaching a settlement. The Kang Law Group’s knowledgeable team of personal injury lawyers can help you determine what’s next. We’re on your side when it comes to negotiating with the insurance company, going to court, or simply learning about your options. Our firm offers free and confidential consultations to accident victims and their families in Beaverton, Gresham, Vancouver, Salem, and nearby cities. Contact us at (503) 646-3131 or message us online to learn more.
