When one individual is hurt as a result of another person’s carelessness or intentional behavior, a personal injury lawsuit is created.
Personal injury cases can often be resolved without filing an actual personal injury lawsuit. However, such cases do sometimes go to trial. In most cases, the parties may decide to resolve their dispute through mediation or arbitration, a process that lies between a trial and a settlement. Auto accidents and medical misconduct are only two examples of personal injury cases. Since some of these instances are frequent and the damages are little, little money is at stake. Other situations, however, have hundreds of parties and millions of dollars in the claim.
Remember that the statute of limitations for your case type is defined by state laws, which vary depending on the crime, if you have been hurt and want to file a personal injury claim. In Texas, the statute of limitations is two years.
In this guide, we’ll explore common Corpus Christi personal injuries and the lawsuits that come about as a result of negligence.
How Does a Corpus Christi Personal Injury Lawsuit Work?
A personal injury lawsuit will usually follow this timeline:
- An individual is injured as a result of an accident or mishap involving another person, entity, place, or vehicle.
- The individual hires an attorney.
- A complaint is filed and then served to the Defendant. Usually, the Defendant will hire an attorney after the fact.
- A pre-trial process begins and launches the discovery phase. This will involve seeing a judge in court to discuss how the case is proceeding, whether or not mediation is needed, and setting a trial date.
- Depositions will be scheduled.
- The Defendant and Plaintiff will have the opportunity to settle out of court. If this happens, the trial will cease and the process will come to a close.
- If a settlement does not occur, the case will go to trial. Trials for personal injury will usually take several days.
- Another opportunity will occur for a settlement. In most cases, this is how the case will be closed. Settlement negotiations will heavily involve yourself and your lawyer.
What are Some Common Personal Injury Lawsuits?
Thousands of cases involving the most frequent personal injury claims are resolved or considered by courts each year. In certain cases, they even lead to victims receiving significant financial compensation for their suffering. The following categories of personal injury claims or lawsuits are the most typical:
- Accidents involving motor vehicles that involve automobiles, trucks, motorbikes, pedestrians, and cyclists. You may be eligible for financial compensation for your personal injuries and monetary loss if you were hurt in a motor vehicle accident as the driver, a passenger, or a pedestrian.
- Medical malpractice caused by a doctor, nurse, or other medical experts. Medical negligence can take many various forms, such as incorrect diagnosis, poor treatment, surgical blunders, pharmaceutical errors, pharmacy errors, birth injuries, and failure to detect cancer or other major health concerns. The complexity of medical malpractice lawsuits necessitates the knowledge of a medical malpractice attorney.
- Premises liability. This is the legal term for accidents resulting from a hazardous or faulty condition on someone else’s property. These mishaps may happen practically anywhere, including residential or public swimming pools, as well as commercial buildings like supermarkets, restaurants, gas stations, malls, and retail stores. A “premises liability” lawsuit may result from any number of unsafe or defective situations, including stumbling over something, slipping on something, being bitten by a dog, or falling down a staircase because there was no railing.
- Workplace accidents. In most cases, an employee cannot file a personal injury claim against their employer when they are hurt or killed while doing work-related duties.
- Wrongful death. This form of litigation may be filed when someone is killed as a result of someone else’s negligence. The majority of wrongful death lawsuits result from vehicle or truck accidents, nursing home neglect, medical negligence, work-related accidents, aviation mishaps, or the usage of harmful or faulty products.
Are Personal Injury Lawsuits Often Successful?
According to U.S. government data, just 5% of personal injury claims end up in court. The other 95% are pre-trial settlements. According to several analysts, 90% of cases that get to trial are unsuccessful. Additionally, a trial judge is more likely to award more compensation than a jury in cases that go to trial and are successful.
You could be shocked by these figures and wonder if it would be worthwhile to file a case. The likelihood that a trial would go on for years is one of the main reasons why there are so many pre-trial settlements. Due to the numerous expenditures they must pay during that period, personal injury sufferers may lose their jobs and suffer grave financial repercussions. This is why it is extremely important to seek out a personal injury attorney as soon as possible to reduce these delays and get the compensation needed to handle your medical and everyday bills.
Resources are another issue that contributes to delays, both before trials and during settlement negotiations. Numerous detectives are frequently assigned to investigate criminal cases. One investigator is typically assigned to each personal injury case. The accident, the injuries, witness accounts, and the events leading up to the accident are all things that need to be looked at. To complete all of this labor, it might take up to six months or longer.
It’s crucial for victims to engage with a lawyer they can rely on to give them sound legal counsel when they need a settlement as quickly as possible to pay off increasing debt. To expedite the process, a lawyer could advise arbitration before a chosen arbiter. It normally takes a long time to negotiate since there will always be back and forth between both parties. Your case will move to trial if you decide to reject their last offer. It’s not odd that two years have already gone by at this point. However, as mentioned earlier, a personal injury attorney can help you expedite the process.
Trust the Corpus Christi Personal Injuries Lawyers at The Burkett Law Firm to Get You the Compensation You Need After an Accident
When an individual behaves irresponsibly on the road, in a business, on a job site, or in public, even the safest individuals might end up injured. In the United States, hundreds of thousands of personal injury claims are made each year. In Corpus Christi, Texas, you have the legal right to submit a personal injury claim if another person or entity’s carelessness leads to an injury, regardless of whether the accident takes place at work, on the road, or when you’re strolling on the sidewalk. Accident victims can obtain financial compensation for any damages they may have incurred as a result of their injuries by filing a personal injury claim. Get in touch with a knowledgeable personal injury lawyer from The Burkett Law Firm for assistance with your Corpus Christi personal injury claim.
The Burkett Law Firm is a group of Texas-based personal injury lawyers with expertise in assisting clients. The Texas legal system may be stressful for people recovering from an accident, and our knowledgeable legal staff is aware of this. We help our clients through the claims process by giving them the information and dependable legal guidance they require. We take pride in offering our clients the individualized, devoted counsel they require. Call our firm right now by dialing 361-223-6862 or filling out our website contact form.