Suing For Personal Injury
You may hear it all the time but what does the work "litigation" actually mean
? Is this just a vocabulary word that only lawyers use?
The word litigation means to carry on a legal contest by judicial process or a controversy before a court. It is also synonymous with the word lawsuit which is more commonly used among people.
These words are fancy ways of saying that a civil action is brought before a court so they can judge what the consequence should be. You have the plaintiff who is the one that claims to have been "damaged" somehow and wants a legal remedy.
And then there is the defendant who has to respond to the complaint. If the plaintiff wins the case, the defendant must pay up however the court decided.
The defendant may have to pay for any damages, do public service, or go to jail in the more extreme cases. If the plaintiff is unsuccessful, then the issue is dropped and he cannot sue the other person for any more damages.
These types of lawsuits usually take place between individuals, businesses, and organizations. Now how does a personal injury differ from any other kind of litigation?
A personal injury lawsuit involves an individual who sues either another personal or a business. They sue because of an injury that happened and they think that it was someone else's fault.
For example, you may sue your employer for getting hurt at work. Let's say you were walking into the bathroom and slipped on the wet floor and there was no wet floor sign anywhere.
Because of this dramatic fall, you sprained your ankle. You might sue them so they would have to pay for your doctor bills.
In the end, it is probably not worth it because you have to end up paying lawyer fees and spending a lot more money on the case than if you were to just let it go. Even though you were the one that had an accident, you might feel that someone else was at fault.
Now, let's say that something bigger happened to you while at work. You were working with a machine at your job and it malfunctions through no fault of your own and cuts your hand off.
You would probably be justified in taking your employer to court if they do not offer you any recompense because they are responsible for the damages that occurred while you were working for them. A lot of businesses will make you sign a waiver when you operate any heavy machinery so that they are not held responsible for any personal injuries.
When you do get hurt badly because of someone else's mistake, then you need to make sure that you record as much information as you can. It is also a good idea to get data from any witnesses that saw the accident.
Most personal injury cases are from car accidents. You may be hit from behind and suffer a neck injury.
If it is serious enough and will cost you a lot of money to take care of, then you will start a lawsuit against the other person. Make sure you call the cops to come and take a police report.
Take pictures of the damages and write everything that happened down on paper. You will need to find a lawyer to lead the case if you decide to go to court over the matter so make sure you are working with someone that you trust.
Le t your lawyer handle communication with the other lawyers so that you do not have to talk to them. It may get you into trouble later.
Usually both parties involved are anxious to get everything taken care of before they get to court. They will work out some sort of deal that is fair to everyone involved.
If you suffer a personal injury from this kind of a situation, then realize that there is help for you out there. Just do not turn it into a huge court case if it can be settled between the both of you quietly beforehand because it can save money and relationships in the end.
by: Jack Landry
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