June 2nd, 2012
Personal injury lawsuits can prove complicated and confusing. Find out the answers to some of the most frequently asked questions about personal injury lawsuits to help you determine what steps you need to take if you have been injured.
Do I have to file a lawsuit if I have been injured by another party?
You are never required to file any lawsuit that you don?t want to, so you do not ?have? to file a personal injury lawsuit. However, you do want to make sure that you are properly compensated for any injuries that you have received. It would be best for you to consult with a personal injury attorney about your options, which can include a lawsuit, or possibly negotiations with the other party or their insurance company.
If I have been injured due to a person?s negligence and failure to act, do I have the ability to file a personal injury lawsuit against them?
In some cases, yes. If the courts deem that a reasonable person would have acted to prevent your injury, they may find that the person was negligent, and you can follow through with a personal injury lawsuit against them.
Is there a statute of limitations on personal injury lawsuits?
In most cases, yes, there is a statute of limitations on filing personal injury lawsuits. The length of these limitations will vary from state to state, so you will need to check with a personal injury attorney in your state or the state that you were injured in to determine what the statute of limitations is.
Do I have to go to court for a personal injury lawsuit?
That will depend upon the path that your particular lawsuit takes, and what actions and compensations your attorney is seeking. In some cases, the negligent party or their insurance company may choose to settle out of court. In other cases, you may be required to have a court hearing, with all evidence examined.
What kind of compensation can I receive?
The most common types of compensation granted in a personal injury case are compensatory damages and punitive damages. You may be eligible for one or the other, and in some cases, both.
About the Author: Obtaining legal assistance is critical if you or a loved one has suffered an injury due to the negligence of another party. Attorneys have the specialized knowledge to help victims receive compensation in cases involving medical malpractice, car accidents, product liability, and more.
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