Do Personal Injury Lawyers Go To Court? 

Do Personal Injury Lawyers Go To Court

Are you having trouble since a recent accident? Do you worry about how you’ll pay your bills so that you can concentrate on getting better? Was someone else at fault for the accident? If so, you might have a case for personal injury.

You may be able to get assistance paying for accident-related costs with a personal injury claim. Although each state has its own laws governing personal injury cases, in general, you have the right to seek monetary compensation if your injuries were caused by the carelessness of another person. A personal injury lawyer can help you navigate the legal system and assist in the negotiation of a just and reasonable settlement should you decide to take your case to court.

What transpires, though, when you and the insurer of the other party cannot agree on what constitutes reasonableness? 

A Personal Injury: What Is It?

The phrase “personal injury” could sound a little esoteric to the typical individual. However, the connotation is really clear-cut. The American Bar Association states that personal injury law safeguards you in the event that your person or property is harmed by the conduct or inaction of another. Essentially, you have the right to recover any further expenses if someone else’s behavior causes your injury directly.

In order to file a smooth personal injury lawsuit, you need to show:

A person has an obligation of care if their deeds or inactions have the potential to negatively impact the livelihood or safety of another individual. For instance, everyone using the road has an obligation to drive safely, and everyone owning property has an obligation to maintain, and even if it wasn’t the result of that person’s acts, you nonetheless sustained harm.

Personal injury attorneys represent people who have been hurt in a variety of accidents.

A personal injury lawyer near you may represent clients in the following situations:

  • Auto accidents
  • Medical error
  • Accidents involving slips and falls
  • Products with flaws
  • Incorrect demise

Are Personal Injury Attorneys Present In Court?

Up to 90% of personal injury lawsuits settle out of court, according to most sources. Trials can be quite expensive and risky for both parties. A jury will make the ultimate decision if you proceed to trial.

Furthermore, the length of the actual case is unrestricted, even though the statute of limitations limits the amount of time you have to initiate a lawsuit. Litigation in complex circumstances may last for several months or even years following the original event. It is usually agreed upon by both parties that an out-of-court settlement is in their best interests.

Your lawyer could also wish to avoid going to court for the following reasons:

There’s the fault question: The insurance provider will make an effort to lessen or completely erase their financial obligation. This implies that they will try to find a means to make the case that you caused the accident or that your actions had a role in it. Your lawyer may determine it is preferable to reach a settlement outside of court if there is cause to think your involvement in the accident could be called into question.

Absence of proof: One of your most powerful tools in a personal injury case is evidence. Photographs from the accident, medical records, and witness accounts all aid in reconstructing the events and can provide the jury with a narrative. There might not be much gain in going to court if you don’t have a lot of supporting documentation.

You’re not a good witness: Regretfully, your counsel will not want to go to court if they believe you would not make a credible witness, regardless of how strong your case may be. A witness’s reliability, prior accident history, history of legal claims, and criminal background are just a few of the many factors that can make you an unreliable witness.

It is important that you get ready for court, so find out about the litigation background of any attorney you plan to work with. Certain attorneys would rather settle out of court, and others have never tried a case in court. Although this does not make them a terrible attorney, you should be aware of this and at ease with it before hiring them.

Conclusion

Your lawyer is going to be your most important resource if you decide to go to court. It follows that you want to select someone who you can trust in addition to someone who is qualified. Consult with a variety of attorneys prior to making a decision. Always prepare a list of the inquiries you would like to make of each lawyer.

You can determine whether your lawyer is prepared for court by asking yourself the following question: 

Does your lawyer have trial experience? This is not a disqualifying question, but if you lost a loved one or suffered life-threatening injuries, you should find a lawyer with trial experience.

What field do you specialize in? It goes without saying that you shouldn’t engage a divorce lawyer for a personal injury case. Contact Adolphe Law Group today for your personal attorney needs. 

How Long Do Personal Injury Cases Take To Settle?

How Long Do Personal Injury Cases Take To Settle

When an accident leaves you hurt, with astronomical medical bills and no way to get back to work, you start to worry about how your personal injury case will turn out. The injured party may be negatively impacted by how long it takes for the litigation to be resolved. Technically, the matter can be resolved in a few days, but this is a very unusual circumstance. The resolution of personal injury claims could take months or even years.

Additionally, based on the severity of the accident, you could need to proceed through many legal stages, each of which will be distinct based on the circumstances.

The Pre-Suit Process

You should not make this decision carelessly because it is an important one. A number of factors need to be considered before suing the defendant. It involves compiling information and witness testimonies, speaking with a personal injury lawyer in Florida, and figuring out the harm you have endured.

You can find out if you have a case and what damages you might be able to receive from a personal injury attorney in Florida. They can also assist you in gathering proof, filing a case, and figuring out the costs of your suffering, including medical bills, lost wages, and pain and suffering.

Filing the Lawsuit

If you have sustained serious injuries, filing a lawsuit might be your best course of action. You must factor in the price of your medical expenses and the time you missed at work.

Finding a lawyer with experience in personal injury claims is crucial since not all attorneys are equally qualified. The length of a personal injury case may largely rely on the type of claim made; the trial alone may last a few days or up to 40 days. The trial is just one part of the total process of a lawsuit.

Defendant Responses

The defendants in a lawsuit will have a set length of time to respond to the claims made in the complaint. Their answer will include a description of their defense and, if applicable, a counterclaim against the plaintiff. You can better comprehend the procedure and what to anticipate from the opposing party with the aid of a personal injury lawyer. Your chances of getting a favorable result will be significantly increased by hiring an experienced attorney.

Investigating the Case

For uninitiated parties, the discovery phase of any personal injury case is crucial. Each side researches the topic and works to develop a compelling argument at this stage.

Each party has the option to gather further evidence, seek documents, and conduct depositions (interviews) during discovery. It is a crucial step because it enables the plaintiffs to obtain tangible proof of the defendant’s negligence.

In many instances, the plaintiffs are able to locate possible witnesses who might support their case, and the defendants are also able to compile material to bolster their defense and attempt to undermine the plaintiff’s case. The length of this phase varies depending on the jurisdiction.

Lawsuit Trial

An individual may bring a personal injury lawsuit to seek compensation when they are hurt due to the negligence of another. If the dispute is not resolved, a court trial will be held. The plaintiff and defendant present the jury with their case and offer supporting evidence. The jury will then debate to decide whether the defendant was negligent and, if so, how much the plaintiff should be compensated in damages.

It can be a difficult procedure, so it’s crucial to have a knowledgeable Florida personal injury lawyer assisting you.

Conclusion

You should contact an accomplished personal injury attorney as soon as possible if you sustain any personal injuries in an accident. A Florida personal injury attorney will explain your legal options and help you navigate the court system.

Call Adolphe Law Group for FREE consultation.

What Do I Do If I am In a Hit-and-Run Accident?

Given the nature of the accident, it’s hard to have an accurate number of how many hit-and-run accidents there are in the USA. One report from the AAA Foundation estimated there to be over 737,000 hit-and-run accidents in 2015. This is a shocking number, and sad that it is still so frequent.

Because hit-and-run accidents still happen, you might wonder: What do I do if I’m in a hit-and-run accident? If you’re unfortunately in this place, there are four steps to follow:

Hit-and-Run Accident Personal Injury Lawyer Near You

1. Call the police

The first step is to always call the police. Do this as soon as you’re able or get someone nearby you to help out. The police will be able to help you file a police report that will help record the details of what happened and support your case.

2. Make a report

After calling the police, they will help you make a report about the hit-and-run accident. Here you will record everything you remember about what happened and the case of the details.

A report can help your personal injury lawyer or accident attorney compile all the data for your case and ensure you receive compensation and coverage.

3. Check for traffic cameras or storefront cameras

While you’re filling out the report, check and see if there are any nearby traffic or storefront cameras. Ideally, a camera has captured what happened and the license plate of the person who caused the accident.

You can tell the police officer about the cameras and record them on your report. Even if you are not sure there is a camera, report any potential camera locations to be investigated further.

4. Adolphe will look at your insurance to see if you are covered

The last step is to contact your personal injury or accident attorney to see if your insurance will cover you. The type of insurance you want in this case is Uninsured Motorist Insurance.

Essentially, this insurance will protect you if you were in an accident where the other party caused it and left the scene. It also covers you if the other driver does not have an insured vehicle. Your accident attorney will be able to see if your insurance is covered.

If you have been in a hit-and-run accident, follow these four simple steps. Knowing this information will help you stay calm under a stressful situation and manage it in the best way possible. When you’re in doubt, contact us at Adolphe Law Group, and one of our experienced accident attorneys will be able to give you more information.

We hope you’re never in a hit-and-run, but if you are, these are the four steps to follow. Adolphe Law Group is here to stand by you and fight for you. Contact us for any questions or more information about what we can do.