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Personal injury law affords an injured person the ability to file a claim and receive compensation for losses stemming from an accident. It can be a very traumatic, stressful, and confusing time for all parties involved. The accidents & personal injury experts at Osborne, Tripp & Schmidt in Sparta, WI, clarify the basics about personal injury law as well as what to expect during a lawsuit.

A Brief Guide to Accidents & Personal Injury Cases

Settlements

Oftentimes, compensation can be recovered without having to bring a personal injury claim to the court level. In fact, it’s quite likely that a fair settlement will be reached before trial, as most cases are usually resolved by the at-fault party’s insurance provider.

Filing Deadlines

If an injured party is unable to reach an appropriate settlement agreement, and taking the case to trial makes sense, the plaintiff must pay close attention to the statute of limitations for accidents and personal injury lawsuits. They specify a strict deadline by which one can file a lawsuit against the individual who caused damages.

Paperwork

accidents and personal injuryTo bring a lawsuit against an individual or party, the plaintiff must file a summons and complaint in the proper branch of court—typically the jurisdiction where the defendant does business or lives, or where the incident occurred. A summons is a notice to the accused to respond to the complaint in a courtroom setting. Both documents must be properly served, or delivered, to the defendant.

Proving the Case

Liability in the majority of accidents & personal injury cases is based on a legal concept called “negligence,” which requires proof that the plaintiff was owed legal duty by the defendant, duty was breached by the accused, and the accident or injury was a direct result of that breach.

In all but the most minor of accidents and personal injury cases, retaining the services of a seasoned attorney makes a major difference in the outcome. Specializing in this, as well as criminal, bankruptcy, and family law cases, the lawyers at Osborne, Tripp & Schmidt provide clients with the personalized, professional legal counsel they need to obtain the justice they deserve. Visit the firm online or contact their Sparta, WI, office at (608) 269-2400.

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