Although injuries and accidents are common, that does not belittle the frustration and confusion these can cause. Some incidents occur when you least expect them. If you’ve been looking to take additional steps to protect your legal rights after an accident, here is all you need to know about a personal injury claim.
What is a Personal Injury Lawsuit?
A personal injury case is a legal dispute when a person suffers from an injury or accident, and another party is responsible for the harm caused. The guilty party’s insurance company pays the affected person any money required to cover medical and other expenses. This type of case can be formalized by a Calgary personal injury lawyer representing you in court.
What Damages Are Considered Personal Injury?
These are included in the losses the person suffers due to the injury, and it’s not only medical expenses. They include:
- Any pain and loss of life enjoyment
- Out-of-pocket expenses related to the injury
- Any lost income due to the injury
- Future income affected
- Future care needed
- Legal costs
Filling a Personal Injury Lawsuit
A personal injury lawsuit has two likely outcomes: a Formal Lawsuit and an Informal Settlement. Between these two, the middle ground is mediation or arbitration.
A formal lawsuit starts when the plaintiff, or a single individual, files a complaint against the defendant. The defendant can be any individual, corporation, business or agency that you believe was careless or irresponsible, and their actions caused your injuries.
Before Filing a Lawsuit
Before filing a lawsuit, Grover Law Firm will gather all your information and review your medical history and background. They will need to understand your injuries. In addition, they’ll gather any documents they believe could help with advancing your claim. Unless the defendant proposes a fair, strong settlement, your lawyer will move the file along.
The formal claim requires a “Statement of Claim,” which will be drafted by your Calgary lawyer. This claim will point out the facts of the case and what you are seeking. This document is very important and should be completed properly and accurately. The defendant party will also submit a document called “Statement of Defence,” where they will have the chance to respond to your claims. They will most likely deny any liability or undermine any injury caused by the incident. Other documents may also be filed at this time, and consulting with your lawyer will keep you informed on what documents are required when you should file them and what they each mean.
If the claim is not settled after the process commences, you will be able to question witnesses that were present at the scene. This process is called Discoveries and allows both parties to better understand the damages and liability from the incident. If the claim is still unsettled, the step after discovery will be to attempt settlement by mediation, or the case may be set for trial. Mediation involves the negotiation between the two parties, assisted by a neutral. The claim will then escalate to trial and a lawsuit.
Get Professional For Your Personal Injury Lawsuit
At Grover Law Firm, we understand the stress of an accident. A Personal Injury case requires a lot of knowledge and information. Without all this knowledge, your case may not be successful. Hiring a personal injury lawyer will facilitate the process and ensure you understand your position. Learn more about how to file a claim or a lawsuit by contacting Grover Law Firm.