What is the Process of a Personal Injury Claim?
Personal injury cases are the result of harm suffered by a person due to an accident or injury in which another person is potentially legally responsible. Accidents, while fairly common, can nonetheless bring pain, frustration, and confusion on the part of the injured person who may be unable to work and see their medical bills mount alarmingly. You may wonder what types of accidents are most likely to turn into a personal injury lawsuit. Car accidents top the list, as more than 37,000 people die in car collisions in the U.S. each year, with another two-million-plus being left with severe injuries, or even disabled.
Truck, motorcycle, bus, train, boat, pedestrian, bicycle, and ATV accidents can also lead to personal injury cases when negligence is involved. Medical errors are responsible for as many as 250,000 fatalities each year in the United States, while errors in prescribing medications account for as many as 1.5 million injuries annually. Other personal injury cases include slip and fall accidents, dangerous drug and medical device injuries, construction accidents, amusement park accidents, nursing home abuse, and dog bites. Consider the following regarding Mississippi personal injury claims:
- It is relatively rare that an insurance company offers a quick settlement for a personal injury claim, which is actually a fair offer. When your claim is undervalued, you could be left in financial distress for a very long time.
- Although automobile accidents certainly make up a significant number of personal injury claims, there are other personal injury claims which can be just as serious. A slip and fall due to the negligence of management or employees can result in serious, long-term injuries.
- Although the majority of personal injury claims settle out of court, it is important that you have an attorney in your corner who is equally prepared to litigate your personal injury claim aggressively.
- Having an experienced Mississippi personal injury attorney in your corner can make a significant difference in the outcome of your claim. Your personal injury attorney will fight aggressively for your rights and has experience in getting through the bureaucratic red tape involved in personal injury claims. When you allow your Mississippi personal injury attorney to advocate on your behalf, much of the stress you are under following your accident is alleviated, allowing you to focus on your recovery.
- Personal injury claims can take a significant time to settle, particularly if you want to ensure you receive an equitable settlement.
- Although there may be similarities, every personal injury claim is different. Your personal injury claim is unique, deserving the assistance of a highly skilled Mississippi personal injury attorney.
- Your personal injury claim will be governed by the Mississippi Statutes of Limitations, which allow a certain amount of time from the time you are injured or when you discover your injury, to bring a lawsuit against the negligent party. The statutes of limitations vary from state to state; in the state of Mississippi, the statute is three years.
- Depending on the facts of your personal injury claim, you could be entitled to significant compensation, including past and future medical costs, lost earnings (past and future), pain and suffering, property damage, and, under certain circumstances, punitive damages as well.
- Time and evidence are crucial as they relate to a Mississippi personal injury claim. When you contact a Mississippi personal injury attorney quickly, he or she has the necessary time to collect the evidence which will support your claim while it is fresh and available.
How Does a Mississippi Personal Injury Lawsuit Progress?
When you have suffered harm as the result of negligence by another person or entity, that person or entity is responsible for that harm. The responsible party’s insurance company will be legally responsible for paying for your medical expenses, your lost wages, your pain and suffering, and, depending on the circumstances, perhaps other expenses as well. If you are filing a medical malpractice claim, your Mississippi personal injury attorney will work with insurance companies and hospital attorneys. Your personal injury claim will be formalized when you have a personal injury attorney who will file a civil claim on your behalf.
This claim will seek to find the other party responsible for your injuries through a court judgment, or, as most claims are resolved, through an informal settlement prior to a lawsuit being filed. Your basic process of collecting damages for a personal injury claim include the following:
- You will retain an experienced Mississippi personal injury attorney to represent you. Victims who hire personal injury attorneys almost always receive larger settlements, plus they have much less stress to deal with during the process.
- Discuss the Mississippi statutes of limitations with your attorney to ensure you are within the allowed time limit for filing your claim.
- You will be the plaintiff in the claim, and the person you are filing the claim against will be known as the defendant.
- A demand letter may be sent out by your attorney; in this letter, you will formally request payment for the damages from your defendant. The demand letter is the central focus of your personal injury claim. In your demand letter, your attorney will lay out your argument as to why the insurance company should pay the damages you are requesting. The demand letter will comprehensively explain why you believe the defendant is liable and will summarize your injuries. There will be details regarding the medical treatments you required, and how much those treatments cost. There will also be details regarding how much time you were away from work due to your injuries. Any other damages you suffered, such as pain and suffering, will be included in the demand letter.
- If the insurance company refuses to pay, or a compromise cannot be reached, then a formal complaint will be filed, and your case will eventually be set for trial. When a complaint is filed, an official notice is given to the court and the defendant that a lawsuit is being filed and that you are seeking compensation for damages. Usually, the formal complaint is filed against an insurance company, although a lawsuit can be filed against a business, a governmental agency, or a private citizen.
- There will be a discovery process once the complaint is filed. The discovery process gathers evidence, investigates the claim, speaks to witnesses, and questions the parties involved.
- Personal injury claims are usually settled before trial, although if the claim is not settled before the trial, then it will be heard in a court of law. Trials can be expensive, not to mention time-consuming, which is why most claims settle before trial.
How Stroud, Flechas & Dalton Can Help with Your Personal Injury Claim
If you have been injured as the result of negligence on the part of another person or entity, an experienced personal injury attorney from Stroud, Flechas & Dalton is your chance for a positive outcome. We are an experienced personal injury firm well-known for helping our clients in every possible way. We assist clients through persistence, compassion, and legal knowledge, and we will aggressively work to ensure you get the full amount you are owed. We will never settle quickly for an amount that will not fully compensate you for your injuries. Contact Stroud, Flechas & Dalton today so we can begin working on your personal injury claim.