Personal injury laws in the United States are aimed at protecting Americans and their property from willful and malicious injury or damage. In personal injury lawsuits, the guilty party usually pays compensation to the injured party. However, determining when to hire injury lawyer may be difficult.
You should hire a personal injury attorney with Siler & Ingber, LLP if you find yourself in any of the following situations:
Swamped by Legal Paperwork
Filing and pursuing a personal injury lawsuit typically involves a lot of paperwork that litigants must process and submit to diverse parties. For this reason, litigants without legal chops would struggle to handle legal briefs and liaise with court officials, insurance companies, and legal teams representing opponents. In some cases, lawyers swamp their opponents with legal paperwork to make it difficult to prepare a solid defense.
Luckily, an experienced personal injury lawyer can handle all the relevant paperwork, thereby giving you the freedom to focus on work, family, or recuperating from injuries.
Have Sustained a Personal Injury
If you have sustained an injury, you should contact an attorney with in-depth knowledge of how to get you the compensation you need. However, personal injury laws vary from state to state, meaning you should hire a lawyer who is licensed to practice in your state and is well-versed in the applicable legal framework.
For example, some states apportion blame to both the defendant and the plaintiff depending on their roles in a personal injury incident. Therefore, to prove that a defendant is responsible for your injuries, you would need to fulfill the negligence standards applicable in your state.
Car crashes are the leading cause of personal injuries in the U.S., according to the American Bar Association. Nevertheless, it would be up to your lawyer to determine whether the injury you experienced falls under the personal injury category.
Unsure About Statute of Limitations
Each state has laws governing the time limit within which an individual can file a personal injury lawsuit. These time limits, or statutes of limitations, vary from state to state and range from one to six years, meaning any lawsuit filed outside this period is invalid and is likely to be thrown out of court.
Some states have adopted “discovery rule” exceptions to the standard statutes of limitations, which essentially extend the deadline for filing a lawsuit. However, these exceptions are applicable in cases where injured individuals may not have been aware of the filing deadline.
The same is true in cases where injured individuals may not be aware that the actions of defendants were responsible for causing their injuries. Besides this, statutes of limitations are normally wrapped in legalese that can only be deciphered by an experienced lawyer.
You Have Been a Victim of Medical Malpractice
If you have been harmed due to negligence by a health practitioner, you can instruct your lawyer to file a medical malpractice suit. The earlier you do so, the better. That’s because contacting the parties involved in such cases, gathering evidence, and carrying out investigations becomes more difficult over time.
Hiring a personal injury lawyer who knows medical malpractice law is important because medical malpractice cases can be tricky. Health practitioners tend to call expert witnesses from their own ranks. Moreover, testimony given by a specialist is considered more credible than the testimony given by a non-specialist. This means expert witnesses could sway juries even when their testimonies are erroneous.
You Need Legal Counsel
A personal injury lawsuit typically starts with a plaintiff filing a petition or complaint against a defendant in a court of law. A petition is basically a summary of the legal basis for instituting legal proceedings. The court where the lawsuit will be heard then sends a summons to the defendant informing him or her of an outstanding lawsuit. In addition, summons also cover the legal ramifications of failing to attend court proceedings or respond to communication from court officials.
After this, defendants and plaintiffs may receive or file counterclaims, cross-claims, reply to counterclaim, answer to counterclaim/cross-claim, third-party complaint, and answer to third-party claims. The most effective method of resolving this problem is hiring a qualified lawyer to handle it all.
Interested in a Negotiated Settlement
In some cases, personal injury lawsuit litigants opt for a negotiated settlement instead of pursuing legal recourse in court. Nevertheless, such a settlement may be subject to court oversight, which means legal expertise is necessary.
This approach is beneficial because the defendant and the plaintiff avoid disclosures that could prove embarrassing in open court and avoid lengthy court battles.
Because a negotiated settlement may involve third parties, including insurers, it is wise to hire a competent attorney to review the settlement offers proposed by your opponents.
Harmed by a Defective Product
Almost all states have enacted laws requiring manufacturers to assume some level of responsibility whenever they ship defective products. Luckily, a plaintiff in a product liability case is only required to prove that a product is defective, not the negligence of the manufacturer.
An experienced attorney can help you file a product liability lawsuit against the designers, manufacturers, distributors, and retailers of a defective product.