Although personal injuries or accidents are commonplace in everyday life, if you believe someone else is responsible for your injury, you have the legal right to demand compensation for the injury by filing a personal injury case. In such a situation, the insurance company of the person responsible for the harm done will have to pay for the hospital bills, medical expenses, pain or misery.
Usually there are two possible outcomes when someone is responsible for harm done to another person;
- Filing a formal lawsuit
Filing a formal lawsuit refers to the practice of pressing charges (by the plaintiff) and filing a civil complaint against the business, person or agency responsible for the harm (the defendant). It alleges that it was the carelessness of the perpetrator that resulted in the harm
2. Informal settlement between those involved
In most cases, the situation is settled informally without the need to file a formal complaint. The situation is usually settled by an agreement between the defendant, the plaintiff, their attorneys and the insurance companies. In such a case, the parties negotiate, write an agreement to refrain from any further legal action and the situation is settled by the payment of an agreed amount of money.
When filing a complaint, there are several factors to consider:
- Time limit
There is a time limit within which you must take legal action if youwish to be compensated. It is advisable to take action as soon as possible but the time limit varies depending on the circumstances of the case. For a claim of negligence, the time limit for legal action is 3 years. The time limit may be extended if the situation demands it but you should not rely on that.
- Cost involved in the compensation claim
Legally demanding compensation for a personal injury can be costly so in most cases, the people use insurance policies or conditional fee agreement. A conditional fee agreement is when it is agreed that the solicitor will only receive a payment if the case is won. Solicitors normally ask you to take out insurance. If the case is won, the solicitor’s fee is paid by the other party.
- Collecting evidence
To file a personal injury formal lawsuit, you are required to bring any evidence of the accident. Solicitors normally also ask for medical evidence or the accident; this can include your medical certificate.
- How long will the legal procedures take
Short-term injury cases usually take only a few weeks, for a more serious harm it could take between 2 to 4 years and even longer if the harm done is permanent.
Finding the right injury lawyer
The most crucial step of filing a formal lawsuit is finding the right attorney. When finding an attorney, you can look at several companies like powers&santola in Albany. You need to go over the personal injury lawsuit services the company provides in order to find the right attorney. An Albany injury lawyer from powers&santola for example can help out in medical malpractice, vehicle accidents and accidents at construction sites. Finding an attorney to fight your case is the first step to getting compensated for the loss.