If you are suffering from an injury sustained by the negligence of another person or business, you might be feeling overwhelmed by the many statutes governing this aspect of law. While the best thing you can do is contact a personal injury lawyer to discuss the specifics of your case, it is also good to do your own independent research to learn as much as you can. Below are five frequently asked questions–and answers–for your most burning questions.
- How long do I have to file a lawsuit? While this varies by state, you generally have three years from the date of the injury to file the lawsuit. There are a few exceptions. If the person is under 18 at the time of the injury or legally cognitively impaired at the time of the accident the three year limit does not apply.
- How do I file a case? The best way to start your case is by finding a personal injury lawyer you trust. After you have a strong team, they will help you to send a demand package and file a complaint. At this point, any evidence you have will be admitted into discovery. There may be an alternative dispute resolution, but if the dispute cannot be resolved it will head to pre-trial. The last step is the trial, unless of course one side decides to appeal the case.
- If I am injured, what expenses can I seek compensation for? In a personal injury lawsuit, you may be able to get compensated for medical treatments, including hospital bills, follow-up appointments, prescription drugs, rehabilitation, and diagnostic care. You may be eligible to receive compensation for property damage and expenses related to travel for medical care. Lost wages and pain and suffering are other common areas of compensation for a personal injury suit.
- How much can I sue for lost wages? Lost wages, along with medical bills, tend to be the most straightforward part of a personal injury lawsuit because they are easier to quantify. Most often lost wages are calculated by multiplying your daily pay by the number of days you missed due to your injury. Of course this gets more complicated if you are permanently unable to work or you do not know how long you will be out of work. More complicated questions are where a personal injury lawyer will be able to advocate for you to ensure you get the best possible outcome.
- How much can I sue for pain and suffering? The financial compensation is often only half of the picture when it comes to personal injury lawsuits. Sometimes people are left with quality of life issues, ranging from severe headaches, to anxiety or even severe depression. Juries are instructed that victims should be compensated for past, present, and future mental and physical suffering, but there is no formula provided. This is another area where your team can advocate on your behalf to assist you in getting comprehensive compensation.
Victims who have sustained life-altering injuries through no fault of their own should not have to bear that cost alone. Although complicated, personal injury law does provide an avenue to those injured to get some compensation.
