If you have suffered an accident or injury caused by someone else, you may be considering filing a personal injury lawsuit. It is important to know the process of filing a claim and what goes on in the process of personal injury cases. This article will help you understand the definition of personal injury and how an incident can become a personal injury dispute. A professional Oklahoma City personal injury lawyer, like the ones you’ll find at Parrish DeVaughn, can help you sort out the complicated process.
Why File a Personal Injury Lawsuit?
Personal injury can greatly reduce the quality of life for the sufferer. As the plaintiff, the burden of proof is on the injured to prove that the injuries were caused by the negligence or carelessness of another party. The key term is negligence. Negligence can be described as intentional or unintentional action or inaction that leads to the injury of another party.
As the person who is injured, you are seeking the right amount of compensation for your suffering. These damages may be used to cover medical bills, lost wages, damaged property and other aspects of your life affected by this injury.
Types of Cases
Victims may choose to file a personal injury lawsuit against the other party to seek compensation. A lawsuit requires the injured party, known as the plaintiff, to file a civil complaint against the other party in a court of law. The basis of the complaint is that the negligence of the other party caused the plaintiff’s injuries. The other party, known as the defendant, must prove their total or partial lack of responsibility in court. A “party” is not limited to one person and can refer to a business, corporation, organization, etc.
Both parties can also choose to handle the dispute out of court. They can meet for negotiations moderated by an arbitrator or mediator. During negotiations, both parties come to an agreement with terms outlined in a written document. Both parties agree to forego a formal trial and the defendant is required to pay damages to the plaintiff.
Statute of Limitations
Victims only have a certain amount of time to file a personal injury claim. The statute of limitations depends on the state you reside in but it normally lasts from one to five years.
Types of Personal Injuries
The actual injuries suffered by the plaintiff in a personal injury lawsuit vary. Plaintiffs may sue if they are injured by defective equipment or products, slip and fall, get hurt in a car accident, ingest harmful food or substances, experience assault, medical malpractice, or even suffer from birth defects.
Finding an Oklahoma City Personal Injury Lawyer
The most crucial part of your claim will be finding the right Oklahoma City personal injury lawyer. An experienced personal injury attorney can help you understand the system, collect evidence, and communicate with the other parties involved. A good lawyer will also be able to work with you through each step of the legal process to help you understand the details.