Suffering from personal injuries is already painful enough but now you need to file a lawsuit on top of it. Whether you were hit by a car, a slip and fall, or something else, you can receive compensation for your medical expenses and lost wages plus pain and suffering. Filing a lawsuit does not have to be tough if you know what to do. Here are the basic things you need to know to help make filing a lawsuit less painful while you are recovering from your personal injuries.
What is A Personal Injury Lawsuit?
A personal injury lawsuit is a legal claim you file in court against whoever caused you to get hurt. The claim is usually made against the responsible person to cover the cost of any medical bills, pain and suffering, and other medical expenses. Although suit has to be filed against the actual at fault party, the insurance company usually handles the defense. Legal disputes can also be taken care of outside the courtroom as well through informal settlements. This is where both parties decide on what compensation would be needed to resolve the issue without having to go through a lengthy court process.
How Do You File?
The first thing you will need to do is to speak with a personal injury attorney who will discuss your case with you. Some states require that both parties go through mediation first before taking the case to court for a lawsuit,although South Carolina does not require that. The attorney will prepare a settlement demand and submit it to the insurance company of the person responsible for the injury. These documents will contain any medical bills you have incurred, proof of lost wages, and any limitations you have because of your injuries.
The insurance company reviews this information and conducts its investigation. The company will then make an offer and it will be up to you whether to accept or not. Your personal injury lawyer will help give you his opinion and analysis of the offer. If you decide not to take it, you can choose to file a formal lawsuit. Keep in mind that many cases can a year or more to get settled. There is also a limited amount of time to be able to file a lawsuit after you have been injured. This is called a statute of limitations and it varies from state to state.
What Compensation Can You Receive?
There are many different kinds of compensation you may be able to receive in a personal injury case. If you are found to be at fault or fail to seek proper treatment for your injuries when they happen, you may not receive any compensation or the amount may be reduced. You can receive reimbursement for any medical bills plus payment for any future ongoing expenses related to your personal injuries. You may also receive payment for lost wages.
Depending on the circumstances, compensation can also be received for pain and suffering, emotional distress, and loss of enjoyment of everyday activities. If you were injured at work, you are also entitled to receive workers compensation. Those who live in South Carolina can receive up to $838 per week while out of work plus an award of permanent disability.Instead of a lawsuit, workers compensation claims are filed as an administrative claim with the state Workers Compensation Commission.
Filing a lawsuit after suffering personal injuries does not have to be painful. You can speak with an attorney who will prepare everything you need and fight for your rights to be compensated. The length of time it will take depends on the details of your case and how soon you file. If you have been injured on the job or hurt by a car accident or other personal injury, contact an attorney today. So, which should you choose? Before you make a decision, its important to look at the circumstances of your unique situation.
If you have more questions or want to speak to a personal injury attorney, dont hesitate to contact Best and Flatt today.