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Who Gets Sued In Personal Injury Lawsuits And How To Win

Car Accident that resulting from a speeding and reckless driver

A personal injury attorney will cast a wide net to identify and include all reckless and responsible parties when their client has been injured. Then they will craft strategies to win the personal injury lawsuit against all of them.

Every day in this country people are injured due to the negligence or recklessness of others and they don’t realize they have grounds for a personal injury claim. Our job, as a personal injury law firm, is to advise injured people as to the merit of a potential personal injury lawsuit,” according to The Woodlands and Houston area LeMaster & Ahmed personal injury attorney Jennifer LeMaster. “Every case we evaluate has some merit as well as some weaknesses. Our interview with the injured party will help define these facts and assist with a decision. And our goal is to obtain a reasonable settlement without the expense or risk of going to trial, if possible. The fact is that 90% to 95% of all personal injury lawsuits in the United States are settled out of court. We always prepare, however, for the eventuality of trial. There is no better way to posture a strong case for a personal injury settlement.”

Car Accident resulting from a careless and reckless driver

Who Gets Sued In A Personal Injury Lawsuit?

The short answer is the “at-fault” party will be sued. In the case of a car wreck, the at-fault driver will be the defendant. The lawsuit will state who is being sued, the injuries caused, and the dollar amount of damaged being demanded. Most at-fault parties have insurance to cover their liabilities. If that is the case, the insurance company may fund a settlement or a verdict and pay for the defense of its insured, but under Texas law, the insurer is not a party to the lawsuit itself. Also, at times the at-fault individual was in the course and scope of work while the accident or injury to another occurred. If that is the case, personal injury lawyers will question if the company provided adequate training and supervision of their employees or contract laborer. It is often the case that when a company is involved, the company (and its insurer) will be the party that has to pay all or most of the damages in a successful personal injury claim.

What Makes A Strong Personal Injury Case?

The three primary elements that every attorney will evaluate are a significant injury with significant related damages, clear liability of the “at-fault” person or company, and the ability of the defendant(s) to pay the damages. If one of those key elements is missing then most personal injury lawyers will not pursue the case.

How Do You Win A Personal Injury Lawsuit?

The most important factor in winning a personal injury settlement is hiring an experienced and knowledgeable personal injury attorney. The process of suing another person or company (and ensuring proper insurance to cover the loss) is complex and has many potential pitfalls.

Keys To Winning A Personal Injury Case

  • Hire a qualified and experienced personal injury attorney
  • Be honest and fully disclose the facts to your attorney
  • Obtain as much evidence as possible early on – police reports, photos, videos, witness statements
  • Document all medical injuries and future rehabilitation
  • Document lost income
  • Do NOT discuss your case on social media
  • Do NOT discuss your case with any insurance providers without your attorney present
  • Do NOT discuss your case with anyone other than your attorney

 

Car wreck resulting from a distracted and careless driver

What Is The Process For A Personal Injury Lawsuit?

In general, a successful settlement in a personal injury case will follow the following steps. In Texas, there is a statute of limitations for these types of cases. That means there is a limited time period in which a lawsuit can be filed. In most Texas cases the statute of limitations is two years from the date of the injury. If the statute of limitations has passed, you generally have no claim—it is very important to seek legal advice very early.

  • Hire an Attorney – usually the initial consultation is free
  • Investigation – the attorney will document the facts that are favorable to winning the case and may hire other experts such as medical experts and accident reconstruction experts; determining “at-fault” liability is extremely important
  • Damages – documenting all past and future damages; includes medical bill, physical rehabilitation bills, lost wages, and pain and suffering
  • File a Lawsuit if Settlement Negotiation fails – the plaintiff’s attorney will attempt to reach an out-of-court settlement with the defendant’s attorney; should that fail then a lawsuit will be filed and a trial will occur if the case cannot be resolved prior to trial
  • Discovery – this legal process is where each side of the personal injury lawsuit ask the other side for facts, documentation, and information prior to the trial; both sides are legally obligated to share their evidence that will be used in the upcoming trial; discovery in complex cases can take months or years
  • Mediation – in Texas, mediation is often ordered prior to a time-consuming and lengthy trial; the mediator is experienced in resolving disputes and will offer a non-binding settlement solution
  • Trial – should mediation fail, then the last resort is a trial before a judge or jury; jury trials will determine fault and damages to be received by the injured party, if any

LeMaster & Ahmed PLLC, Attorneys at Law and personal injury attorneys, encourage anyone who has been injured to fight back. They deserve a fair and equitable settlement for their injuries, their pain and suffering, their physical rehabilitation, their loss of income, and the impact their injuries will have for the rest of their lives.

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