How Does a Personal Injury Lawsuit Work?

If you’ve been hurt and you’re thinking about suing for personal injury damages, you most likely have a lot of concerns about Delaware’s personal injury laws. It makes sense; this is a multi-stage process that can appear taxing. You can, however, get through it with the right legal assistance and knowledge. Let’s dissect the processes in a personal injury case to help you know what to expect.

What is a personal injury lawsuit?

A personal injury lawsuit is a legal action taken by someone who has been injured due to another person’s negligence. These can include dog bites, car accidents, slip-and-falls, and other events where the acts (or lack of action) of another person injured you. Usually, these cases seek to assist you in recovering damages – money for pain, suffering, lost wages, medical bills, and so on. Following an injury, how does a victim get paid?

Step 1: Establishing fault

Delaware follows a comparative fault rule, meaning that even if you are partially responsible for the accident, you can still recover damages. But your compensation will be reduced based on your level of fault. For example, if you’re 20% at fault for the accident, the amount you receive will be cut by that 20%.

To prove fault, you’ll need evidence. This can include witness statements, security camera footage, and photos of the accident scene. It’s important to document everything you can at the time of the incident, as this will be critical in proving your case.

Step 2: Filing your claim

Once you’ve established fault, the next step is to file your claim. This usually means filing with the insurance company of the person who caused your injury. It’s best to do this with the support of an attorney. If the insurer refuses to pay a fair settlement, you might need to file a lawsuit. Delaware has a two-year statute of limitations for filing personal injury lawsuits. This means you must file your case within two years of the date you were injured. If you wait longer than that, you may lose the chance to pursue compensation.

Step 3: Negotiating a settlement

In many cases, personal injury lawsuits don’t make it to trial. Instead, the insurance company offers a settlement. However, it’s essential to know that the initial settlement offer is often far less than what you deserve. Insurance companies are businesses, and their goal is to pay you as little as possible.

This is where having an experienced lawyer can be invaluable. They can help you evaluate the offer, determine if it’s fair, and negotiate a higher settlement if needed. It’s always tempting to accept the first offer as a quick fix, but it’s often in your best interest to hold out for something better.

Step 4: Going to court

If settlement negotiations don’t work out, the next step is to take your case to court. Injury litigation becomes more formal at this point. Your lawyer will file a formal lawsuit, and the process begins. This is known as the discovery phase, where both parties exchange evidence and prepare for trial. At this point, both sides will argue their case, with the ultimate goal of proving fault and determining how much the defendant should pay.

While most cases settle out of court, some do go to trial. If your case reaches trial, it’s essential to be prepared for a lengthy process. Your lawyer will present your case to the judge or jury, and they will decide the outcome.

Why you need an experienced personal injury attorney

The personal injury lawsuit process can be complicated. From gathering evidence to negotiating with insurance companies, handling everything on your own can be stressful. This is where a lawyer comes in. A lawyer can help you with every step of the process, keeping track of deadlines and presenting your case effectively.

When you’re dealing with insurance companies, their goal is to protect their bottom line. Having a skilled attorney by your side can help you avoid accepting a lowball settlement. Your lawyer can work with you to fight for the compensation you deserve.

Getting help with your personal injury lawsuit in Delaware

If you’re wondering how a personal injury lawsuit works in Delaware, now you know the basic steps. From establishing fault to potentially going to court, there’s a lot to think about. But remember, Delaware’s two-year statute of limitations means you can’t wait too long to start the process. The sooner you file, the better your chances of getting the compensation you deserve.

While the personal injury lawsuit process can be long and challenging, working with a lawyer can make a significant difference. Silverman, McDonald & Friedman can help you understand and fight for your rights. If you’ve been injured, don’t hesitate to contact us and seek legal help today.