Charles Flaxman, a lawyer at Flaxman Law Group, has worked as an insurance claims adjuster and has been fighting personal injury lawsuits for over 37 years. In this article, he defines what a personal injury lawsuit is and why the advice of a lawyer is so important.
A personal injury lawsuit is a type of legal claim made in the court system that attempts to obtain compensation for any type of injury that a person sustains to their body or mind. This compensation can apply to any medical bills that one has to pay in both the past and future, any suffering one sustains in the past and future, the loss of one’s ability to enjoy life in the past and in the future and any lost wages in the past or future. It must be proven in court that the cause of these damages is directly due to the negligence of another party – known as the defendant.
The most common personal injury cases usually are due to accidents. A person or corporation did not mean to injure another party, but by some fault of their own, they did. These lawsuits are fought in civil court, not criminal court where the injury would be due to one’s purposeful attempt to hurt another person and that act would be a crime.
The United States court system is quite complex, and for that reason, the services of a lawyer, usually one who specializes in personal injury law, is often required. Most lawyers work on a contingency basis, which means that they keep a percentage of the damages if the defendant wins and nothing if they lose.
A personal injury lawyer will be able to help you understand better how the system works, who owes you damages for your injury and how much. Don’t try to be frivolous and request stellar amounts of cash for minor damages as no lawyer will take your case as it will be eventually thrown out. You should also not sell yourself short if you have been injured. The services of a good lawyer will help you achieve what is due to you if you have been personally injured by another’s negligence.