When Should You File a Personal Injury Suit?

When To File a Personal Injury SuitIt is often difficult for a victim to know when they should consider filing a personal injury suit. Daily life is full of accidents, some of which can cause harm to a person’s mind or body. In general, whenever negligence is responsible for an incident, the victims have a right to seek compensation from the responsible party. The concept of negligence can mean many things in this context, so it may be best to consult with an attorney before filing a case.

Some of the most common forms of a personal injury suit are work accidents, vehicle accidents, product defects, medical negligence, industrial negligence and assault claims. If the responsible party harms another, either through intent or negligence, they are typically considered to be at fault. In most cases, negligence refers to an individual or company failing to adhere to adequate safety measures while performing an action, often occupational in nature. These safety measures are designed to protect the general populace from harm, and if they are ignored, they can result in disability or even death. On their own, it is usually difficult for the victim to figure out if the other party was acting negligently at the time of the accident.

For example, a manufacturing defect in a vehicle may cause the car to malfunction and crash. Occasionally, manufacturing flaws can result in aviation disasters or medical device complications. Without the help of an experienced legal professional, a victim may not realize they are able to file a personal injury suit. When an accident occurs that results in loss of life or causes harm, the responsible party may attempt to avoid responsibility. In April 2010, the Deepwater Horizon oil spill was caused by an explosion that killed 11 and hurt 16. During the aftermath, one of the responsible companies, Transocean, was believed to have coerced some of the workers into signing away their right to sue.

A reputable attorney will often consult with a victim free of charge. During this meeting, the legal expert can help determine if a personal injury suit should be filed. Many lawyers will only take payment if the victim is awarded compensation. If they accept the case, then the attorney believes the victim deserves restitution for their suffering. When searching for a lawyer, it’s important to find someone who is certified in this area of law and has experience representing others who have been in similar accidents. In Texas, there are 20 fields of specialization that an attorney can enter into once they have experience practicing law. Only 10 percent of these professionals get certified in any field, so very few professionals in the state of Texas are qualified to handle a personal injury suit.

Filing a Personal Injury Suit

This is important because the attorney must be able to see the case through from start to finish. This includes investigating the accident, speaking to witnesses or representatives of the responsible party, gathering information and selecting the most compelling facts to bring to court. During this process, the lawyer must also effectively communicate with their client, particularly through the deposition and discovery phases. If the culpable party agrees to enter into a settlement, the lawyer must be willing and able to fight for a fair amount of compensation for the victim. Doing some research will be helpful in selecting the right lawyer for the job.