Following an accident which resulted in injuries, you may be wondering whether a personal injury claim is the logical next step. The basis of a successful personal injury claim is that your injuries stemmed from an accident which another person can be held responsible for in a legal setting. If that is the case, you may be entitled to certain forms of compensation for your injuries.
Resolving A Personal Injury Claim
There are two prominent ways to resolve a claim filed for personal injury: an informal settlement, or a formal lawsuit.
Informal Settlement: An informal settlement is the most common way of resolving a case of personal injury and favored by both parties. However, even if the ultimate settlement is made through a formal lawsuit, an informal settlement is commonly attempted beforehand. For an informal settlement, all involved parties need to be present, as well as representatives of their insurance companies, and their lawyers. To put the process of an informal settlement into motion, a written agreement is typically drafted by both sides in which they agree that filing a lawsuit will be forgone, and instead, an informal settlement through negotiation will be attempted.
Formal Lawsuits: When it comes to formal settlement, the first step toward it is typically made in the form of the plaintiff filing a civil complaint. This complaint is made against the defendant – either an individual, a corporation, business, or government agency – on the basis of a claim which states that the defendant’s reckless or careless actions are responsible for causing the accident which left the plaintiff injured.
In cases of such formal lawsuits, it should be noted that the plaintiff needs to act within a certain time frame due to the Statue of Limitations, which generally begins at the time the injury was sustained, and/or discovered. However, the Statue of Limitations also varies in length between states, and are also affected by the severity and nature of the sustained injury.
Most of the time personal injury claims are settled before they every reach the court room. This is done through negotiations and mediation with the defendant and their insurance company. It is important to ensure that the Personal Injury Lawyer in Mississauga who is selected by the plaintiff is experienced in all aspects of out of court settlements.
Typically, the plaintiff will write up a demand letter in which they inform the defendant of their intent to file a lawsuit, should the claim not be settled within a given time frame. In the vast majority of cases, personal injury cases are based on the concept of negligence. Or more specifically, the idea that the defendant’s negligence lead to the sustained injury.