Personal Injury Lawsuits | The Guardian Legal Network

Personal Injury

Personal injury cases occur when a person or company’s negligent acts injures you or someone you love. Oftentimes, these negligent acts could have been easily avoided if the other party acted more responsibly. The impact of a personal injury can have long-term negative effects on your physical, emotional, and financial well-being.

Fortunately, there are personal injury lawyers who are ready to work diligently and fight for your legal rights. A personal injury lawyer will take your case to trial or pursue a financial settlement from those responsible for your injuries. Filing a personal injury lawsuit helps injury victims receive the compensation and justice they need to move forward. It may also help prevent another innocent person like you from getting injured.

The Guardian Legal Network helps personal injury victims find qualified legal representation. To connect with an experienced law firm, contact us today.

What is a Personal Injury Lawsuit?

Personal injury lawsuits begin with an accident or situation that produces some sort of injury. It is often possible to pursue financial compensation from the negligent party responsible for what occurred. You can take legal action if they actively caused the accident or failed to prevent it. In legal terms, the injured victim is called the plaintiff, and the party accused of negligence is called the defendant. It is important to note that not every injury is eligible for a legal claim.

In order to pursue a personal injury lawsuit, there must have been an actual injury to your person or property. For a case to be actionable, there needs to be evidence of the at-fault party’s negligence. Lastly, a personal injury plaintiff must be able to demonstrate that an injury exists and how bad the damage is.

How do You File a Personal Injury Lawsuit?

After you have received medical attention and decided that you wish to pursue a claim, you will need to follow a series of steps in order to proceed.

Contact a Lawyer – Find a lawyer who has experience handling personal injury cases like yours. Your lawyer will evaluate your case facts and determine whether you have a strong claim. You will also get a rough estimate of how much compensation you may receive.
Building a Case – After you have entered into a formal attorney-client relationship, your lawyer and their support staff will begin assembling your case, reviewing evidence, and placing a value on the overall claim.
Settlement Negotiations – A lawyer will begin settlement negotiations by sending a demand letter to an insurance company or the party responsible for your injuries. In many instances, a monetary settlement can be reached before filing a legal complaint in a court of law.
Filing a Lawsuit – If those settlement discussions do not succeed, or you are offered far less than you feel your claim is worth, it may be time to pursue a lawsuit.
Discovery – The period of formal discovery in a lawsuit is when the parties must share key documents and evidence in the case. This can be a period when a great deal of useful information is obtained, and it can often facilitate a settlement before trial.
Going to Trial – If a case is not settled, then a trial may be necessary. The case will be presented to a judge or a jury for final resolution.

Four Elements to Establish Negligence

While some personal injury cases are caused by intentional acts, most injuries come from preventable negligence. Generally speaking, there are four key elements to establishing negligence, and they are as follows:

Existence of Duty – It will be necessary to prove that the defendant in a personal injury lawsuit had a duty of care toward the injury victim. For instance, this could mean that a store manager has a responsibility to place warning signs on a wet spot on the floor.
Breach of Duty – Injury victims are required to demonstrate that the duty was breached by the defendant.
Direct Causation – Injury victims must also show that their injuries were directly caused by the defendant’s failure to uphold their duty of care.
Losses/Damages – Finally, it is up to the injury victims in a personal injury case to prove that they sustained damages or losses due to the accident or event.

Recoverable Damages in a Personal Injury Lawsuit

Several categories of damages may be available to an injured victim in a personal injury case. These include:

Medical Expenses – These may include things such as emergency treatment, surgical procedures, ongoing physical therapy, and more.
Future Treatment Costs – This includes financial resources needed to cover treatment that will be required well into the future due to your injuries.
Reduced Earning Capacity/Lost Wages – This category relates to the income you lost while in the hospital or recovering. It can also include the money you may no longer be able to make in the future because of limited physical or cognitive ability.
Property Damage – Compensation may also be available for damage caused to tangible belongings, such as a vehicle, home, or other property.
Physical Pain and Suffering – Serious accidents routinely produce massive amounts of pain and suffering. It is possible to receive compensation from the responsible party to compensate for those losses.
Emotional Trauma – Some accidents cause severe emotional suffering, leading to fear, anxiety, and PTSD. This can be caused after witnessing a violent crash, suffering physical disfigurement, or undergoing dramatic lifestyle changes. Fortunately, compensation in this category is often available to successful personal injury victims.
Loss of Personal Relationships – The changes caused by severe personal injuries can often harm familial and marital relationships. It may also be possible to recover compensation under this category.
Loss of Life’s Enjoyment – The ability to engage in activities that you once enjoyed can be hindered significantly by serious personal injuries.

An experienced personal injury lawyer will know what it takes to establish these types of damages and work to assemble the evidence necessary to win compensation for what you lost.

How a Personal Injury Lawyer Can Help

There are numerous ways in which a personal injury lawyer can assist injured victims.

Explaining Your Legal Rights and the Legal Process – Your lawyer can explain the laws associated with your case and what options you have to take legal action. Injury lawyers understand that the legal process can be confusing for injured victims and will help them make informed decisions about their cases. Your lawyer will evaluate the relative strengths or weaknesses in your case. They will also ensure that all relevant filing deadlines are met.
Negotiating Settlements – Your lawyer will engage in effective settlement negotiations with insurance companies to secure the maximum amount of compensation.
Representation in Court – While most personal injury cases are settled outside of court, there are times when a settlement agreement cannot be met. This means that formal trial proceedings are required. If this happens, your personal injury lawyer will be fully prepared to take your case to court.

The aftermath of a serious accident can be a challenging time for victims. A personal injury lawyer will help you make a claim for compensation so you can focus on your recovery.

Find an Experienced Personal Injury Lawyer

Here at The Guardian Legal Network, we want to help you take legal action against negligent parties that caused your injuries. Helping you seek justice through financial compensation and getting your life back is our top priority.

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