Being disabled can alter the rest of your life. The injuries you’ve sustained as a result of someone’s fault may have resulted in a disability that has left you feeling emotionally and financially helpless because you can no longer do things you used to be able to do. However, your disability doesn’t necessarily end your life. If you’ve become disabled by someone else, you can exercise your right to claim compensation for your injuries. Here’s what you need to consider legally in these types of situations.
How Do Personal Injury Cases Work?
Personal injury cases can be filed by people who have become disabled because of an injury inflicted by another person. These are legal disputes that take place when someone suffers damage, and someone else may be legally liable for the harm. For instance, a personal injury case can be done in two ways:
- The formal lawsuit – In most cases, a formal personal injury lawsuit begins when a private complainant brings an action in court against any party who is alleged to act negligently and caused harm. However, remember that the existence of negligence and submission of evidence are essential factors in formal personal injury lawsuits.
- Out-of-court settlement – To avoid costly and time-consuming litigation, claims for compensation can be done through an out-of-court settlement. It involves negotiations by which both parties agree to come up with an agreement, choosing to resolve the matter by paying a considerable amount of money.
Like other state laws, legal action involving personal injury may also vary, that’s why it’s best to speak with a lawyer who can give you an idea as to what laws govern personal injury cases in the state where you reside.
Things To Consider Legally When Become Disabled Due To Someone Else’s Fault
Becoming disabled due to someone else’s fault can be discouraging. The emotional toll it takes can sometimes be so daunting that you have no other recourse but to get the justice and the compensation you duly deserve by considering these steps legally:
- Prepare your medical records.
If you’ve been thinking of a lawsuit, preparing your medical records as pieces of evidence can be an excellent move. Make sure to keep copies of all your medical records including bills and other related expenses so that you can be able to show the damage caused by someone else in your life.
- Hire an attorney.
Hiring an attorney can influence your decision to file a personal injury lawsuit arising from your disability. Before taking legal action in court, it’s best to speak with a lawyer so that you can be able to determine the strengths and weaknesses of your case. You can also ask them the likelihood of recovering damages from the person responsible for your disability. Take time to know whether it’s worth it to sue or not.
- Check to be sure that it’s not too late to sue.
Each state has its statute of limitations for various offenses. However, you have nothing to lose if you try to file your case as soon as possible rather than waiting. When it comes to time limits within which you’re allowed to bring an action in court, it’s best to review the statute of limitations for personal injury cases in your case to ensure that it’s not too late to sue.
- Deal with the court processes.
After working out with your attorney for the appropriate legal action to take, it’s time to file your complaint with the proper court to commence with the personal injury lawsuit process. Here’s what you need to go through when instituting a lawsuit claim:
- Initiation – This is where both parties are asked to submit their documents which explain the reason why the lawsuit has been made by the plaintiff against the defendant.
- Trial – During this stage, the jury will require you to submit pieces of evidence to prove your claim that you’ve become disabled because of the injuries inflicted by someone else. Both parties will present their defenses to the jury assigned in the case.
- Judgment – The jury will decide on the case based on the information provided by both parties. If the decision favors your side, you’ll be compensated for the damages the other party has caused you. However, if the decision turns the other way around, it’s important to talk to your attorney about a possible appeal.
It’s true that becoming disabled because of someone else’s fault can be heartbreaking. The emotional and physical anguish can even become more painful as it’ll leave a scar in your life. But as citizens of your state, being disabled as a result of someone’s acts of negligence doesn’t mean that you can no longer protect your legal rights after the injury. If there’s a need for you to file a claim for compensation, it’s best to consult a lawyer such as ones here who can help you understand the actions you’re going to take for your case, especially when it comes to long term disability and getting yourself long term disability insurance.
Disclaimer: The content in this article is not equivalent to actual legal advice. It only serves as a general reference regarding the legal aspect of becoming disabled due to someone else’s fault. If you want to learn more about the subject matter, it’s advised that you contact an experienced lawyer specializing in personal injury lawsuits similar to your situation.
About the Author: Andrew Nickleson
Andrew is a passionate writer, writing about disabilities and the law. He has written about many subjects aimed to help those who have questions unanswered. In his spare time he enjoys working on volunteering for those less fortunate.