Personal injury or tort law allows injured people to seek compensation if their injuries result from another person’s negligence. A variety of situations can result in a personal injury claim. Read on for more information about personal injury law and the damages you can recover in a lawsuit with assistance from a Rockledge personal injury lawyer.
Common Steps in a Personal Injury Lawsuit
Every personal injury lawsuit is different. However, there are specific litigation landmarks you should expect after you’ve filed a personal injury case. The following are the common steps involved in a personal injury case:
Hiring an Attorney
You should find a personal injury lawyer in Rockledge before your first court date, especially one that specializes in personal injury cases. When choosing an attorney, you should look for someone who is willing to spend time and resources on your case.
Identifying and Establishing Your Injuries
To file a personal injury lawsuit, you must have sustained injuries. You will need to provide proof of your injuries, and based on those injuries, your attorney will try to determine whether you have a case against the alleged at-fault party and the extent of the defendant’s liability.
Filing the Complaint and Serving the Defendant
Once your lawyer has established a legitimate case against the defendant, they will file your personal injury complaint with a civil court. This is the first document in a personal injury lawsuit and outlines the broad details of the at-fault party’s involvement in the injuries you’ve suffered. Your attorney will then have a month or more to find the at-fault party and serve them with the complaint, which should be delivered in a verifiable way to ensure that the defendant will not be able to claim that they were unaware of the lawsuit.
Pre-Trial and Discovery
During the pre-trial process, your attorney and the defendant’s attorney will need to provide each other with evidence for cross-examination. This process is referred to as discovery. At this stage, both sides will appear in court to update the judge on the case’s progress and whether they will require mediation, arbitration, or trial date.
The discovery process can take months or years to complete, with the trial date being frequently pushed back. Once this phase is complete, the defendant may ask the court to dismiss the case, arguing that you do not have a case against them. But this motion is usually denied, and the trial phase begins.
Trial
During the trial, the judge and jury will determine whether the defendant was responsible for the accident and your losses. If they confirm the defendant was responsible, they will decide how much compensation you will be paid. Your attorney should ask for reasonable compensation that matches your losses.
Either party can file an appeal if they disagree with the judgment, and the appeal process can last for up to several years. Once all possible appeals have been exhausted, the defendant will pay the damages that were determined at trial or during the appeal process.
For a free legal consultation with a personal injury lawyer serving Rockledge, call 321-503-4014
Proving Fault in a Personal Injury Lawsuit
In a personal injury lawsuit, the person who was most at fault in a situation that led to an injury may be liable to pay a portion of or all the damages awarded. This rule determines legal liability for various types of accidents based on one of the following criteria:
- When a victim is in a place they were not allowed to be when they were injured, it is possible that the person who may otherwise have been liable for damages would not need to pay damages, as they had no duty to be careful towards the injured person.
- When both the victim and the other party are responsible for the accident, they will share liability for it through a concept known as comparative negligence.
- When an employee is injured in the normal course of their work, their employer may be liable for their injuries.
- Property owners can be held responsible for accidents caused by poorly built or maintained properties regardless of how the injuries occurred.
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Types of Damages You Can Recover in a Personal Injury Lawsuit
You can receive one or more of the following types of compensation after an accident caused by another person’s negligence:
Medical Expenses
This refers to all past, present, and future expenses for your medical treatment. The at-fault party should also pay for any adaptive medical devices or transportation assistance that you might need and should be liable for all the medication you will need to ease your long-term pain.
Lost Wages
Whether it’s the time that you take off work or go on unpaid leave, the at-fault party is responsible for the lost wages. The at-fault party should also cover the wages you will lose if you cannot return to your job. This includes the difference in pay and potential allowances you could have earned.
Pain and Suffering
You may be entitled to compensation for any pain and discomfort resulting from the injuries sustained in the accident. It’s difficult to put a price on pain and suffering, but an experienced personal injury attorney in Rockledge will be able to help you calculate a reasonable compensation amount for your pain and suffering. The multiplier method is commonly used, where a multiplier between 1.5 and 5 is used based on the severity of your pain.
Punitive Damages
You can seek punitive damages if you suffered an injury due to another person’s carelessness or general disregard for your safety. Unlike the other types of damages, punitive damages are meant to punish the at-fault party for their negligence. However, to receive this compensation, you must prove that your injuries occurred due to the negligence of the at-fault party.
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Contact a Rockledge Personal Injury Attorney Today
If you or someone you know has been injured due to someone’s carelessness, you may be eligible for compensation. An experienced Rockledge personal injury lawyer can help you determine if your case has merit, which can increase your chance of getting reasonable compensation.
At Andrew Pickett Law, we’re committed to helping our clients seek compensation for their injuries. We give every client personalized attention and guarantee the best results. Contact us today to find out how we can help you.
Call or text 321-503-4014 or complete a Free Case Evaluation form