Recovering financially after suffering a personal injury can be a challenging and lengthy process, especially when the injured individual has to file a lawsuit for damages. Knowing what to expect will ease your frustration when delays occur. Below is a guide to pursuing compensation when someone else is responsible for injury and loss.
Personal Injury Lawsuit Basics
When One Person Injures Another
Personal injury lawsuits involve one person or entity committing an act or failing to act, which results in injury to someone else. The person who causes the injury owes a legal duty of care to the one injured, and the act must violate or breach that duty.
Acts can be negligent—like a surgeon who operates mistakenly on a patient’s right eye instead of the left one—or intentional, like a dog owner turning a vicious dog loose on passersby. Companies that manufacture defective, dangerous, or harmful goods can also be liable for personal injury. Individuals can recover monetary damages for injury to their professional or personal reputations by filing defamation lawsuits.
Parties to Lawsuits
The plaintiff is the injured person who files the complaint, which starts the lawsuit. An individual or company that caused or is liable for the injury is the defendant, the person being sued. A defendant can file an answer and both parties can pursue discovery, which gives them more information about the other side’s case. This process can take months.
Once discovery is complete, the parties often negotiate and reach a settlement. Personal injury lawyers know settlement is always possible. While most cases settle before trial, successful negotiations have been known to occur even while jurors are deliberating.
Achille, Ellermeyer, Wallisch & Sobol Attorneys At Law in Brookville, PA, offers injured individuals vigorous representation in personal injury claims and lawsuits. In cases involving long-term and permanent injuries, their experienced legal team provides wise counsel on disability law and estate planning services. Visit their website for more information about their practice. Call (814) 849-6701 to schedule your consultation.