What to Expect in a Personal Injury Case

The American Bar Association (ABA) states that the most common personal injury case involves a motor vehicle accident.  When the injury is determined to be the result of another driver’s negligence or other factors, the injured party has the right to recoup losses and damages.

Personal injury cases also can be broader than negligence such as with strict liability, which “holds designers and manufacturers strictly liable for injuries from defective products.”  With these types of cases, an injured person does not have to establish negligence but rather just needs to “show that the product was designed or manufactured in a manner that made it unreasonably dangerous when used as intended.”

Once you file a lawsuit, you become known as the plaintiff and the person responsible for the accident becomes the defendant.  At this point the attorneys for each side including the insurer begin the pre-trial process known as discovery.  This involves the gathering of facts based on verbal and written interrogations and depositions that are done in person and under oath along with any other type of relevant documentation. 

Most cases get settled during negotiations and only a small percent of personal injury cases ever go to trial.   If your case does go to trial and you win, the judge or jury awards you the money, which is known as damages.  The damages you receive can include compensation for things like medical costs, lost wages and future wage losses, pain and suffering, and in some cases, punitive damages.

By settling a case, it means you have agreed to drop any future proceedings against the defendant and will be required to sign a release stating such intentions.  The ABA cautions that every state has their own “statutes of limitations,’ that govern the period during which you must file a personal injury lawsuit” so it is important to consult with a personal injury lawyer ASAP.  Please visit Schiff & Associates to learn how our experienced legal services can help you.

The experienced attorneys at Schiff & Associates have offered the area trusted legal representation in cases of personal injury and wrongful death since 1982.  We have a history of getting clients the results they deserve and recognize that financial recovery from an accident is just as important as physical recovery.  Call today for information regarding legal services from Columbus, Ohio’s top personal injury lawyer.

Source:americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury_lawsuit.html