When individuals behave negligently, serious accidents, including motor vehicle collisions, premises accidents, and workplace accidents, may happen. If you suffered injuries in one of these types of occurrences, you may be eligible for settlement compensation from the at-fault party’s insurance company.
The amount of time it takes to settle your case depends on various factors, including the complexity of your case, the length of your medical treatment, and the jurisdiction where your case is pending. In addition, some cases may need to be litigated in the state court system, which can take additional time.
Upon suffering injuries due to someone else’s negligence, it’s essential that you have a knowledgeable Goldsboro personal injury lawyer advocating for you. An attorney will work hard to streamline your case and expedite the process, allowing you to recover the compensation you need as quickly and efficiently as possible.
Types of Personal Injury Claims
Personal injury claims arise when someone is harmed due to another party’s negligence. There are various types of these claims, each linked to different scenarios where people or organizations fail to exercise reasonable care. Below are some of the most common types of personal injury claims:
- Car Accidents – These are among the most common personal injury claims. They happen when a driver fails to follow traffic laws or drives carelessly, leading to collisions that injure others. Whether it is speeding, distracted driving, or driving under the influence, negligent drivers can be held responsible for the injuries they cause.
- Slip-and-fall Accidents – These accidents occur when someone slips, trips, or falls on someone else’s property due to hazardous conditions like wet floors, uneven pavement, or poor lighting. Property owners have a duty to maintain safe premises, and when they fail to do so, they can be liable for injuries.
- Product Liability – When a defective or dangerous product causes injury, the manufacturer, distributor, or retailer may be held responsible. This type of claim can arise from a wide range of products, including faulty electronics, unsafe vehicles, or contaminated food items.
- Workplace Accidents – Although workers’ compensation covers many workplace injuries, there are instances where an injured worker can file a personal injury claim. For example, if a third party (not the employer) is responsible for the injury, such as when defective equipment leads to an accident, the injured worker can file a claim.
- Dog Bites and Animal Attacks – If a dog or another animal bites or attacks a person, the owner of the animal can be held liable, especially if the owner knew the animal was dangerous or failed to properly restrain it.
- Premises Liability – Beyond slip-and-fall accidents, other types of premises liability claims can arise from unsafe conditions on someone else’s property. For example, injuries from falling objects, broken stairs, or inadequate security can lead to claims against the property owner.
Proving a Personal Injury Case
To successfully prove a personal injury claim or lawsuit, you need to establish four key legal elements: duty, breach of duty, causation, and damages. Each of these elements must be clearly demonstrated for the claim to be successful. Here is how you can prove each one:
- Duty of Care – The first thing you need to prove is that the person you are suing (the defendant) owed you a duty of care. Duty of care means that they had a legal responsibility to act in a certain way to avoid causing harm to others. For example, drivers have a duty to follow traffic laws and drive safely to prevent accidents. Property owners have a duty to keep their premises safe for visitors. To prove this element, you must show that the defendant was in a position where they were supposed to act responsibly to avoid harming you.
- Breach of Duty – After establishing that the defendant owed you a duty of care, you must prove that they breached, or violated, that duty, which means that the defendant failed to act as a reasonable person would under similar circumstances. For example, if a driver was texting while driving and caused an accident, they breached their duty by not paying attention to the road. You can prove a breach of duty by providing evidence like eyewitness testimony, video footage, or police reports that show the defendant’s actions were careless or reckless.
- Causation – The next element to prove is causation. You need to show that the defendant’s breach of duty directly caused your injuries. There are two types of causation to prove: actual cause and proximate cause. Actual cause means that the defendant’s actions were the direct reason you suffered an injury. Proximate cause means that your injuries were a foreseeable result of the defendant’s actions. For example, if a driver runs a red light and hits your car, causing you to suffer injuries, their actions are the cause of your harm.
- Damages – Finally, you must prove that you suffered actual damages as a result of the defendant’s actions. Damages can include physical injuries, medical bills, lost income, and pain and suffering. To prove these damages, you can provide medical records, bills, pay stubs, and testimony about how the injuries have affected your life.
By clearly proving these four elements, you can build a strong case for your personal injury claim or lawsuit.
How Long Does It Take To Settle a Personal Injury Case?
The time it takes to receive a settlement check in a personal injury case can vary widely depending on several factors. These factors can influence the process at different stages, from the time the settlement is agreed on to when the check is finally in your hands. The following are key factors that determine how long this process may take:
- Case Complexity – The complexity of your personal injury case plays a significant role in how long it takes to receive your settlement check. Cases that involve multiple parties, severe injuries, or complicated liability issues may take longer to settle. If the case requires extensive investigation, expert testimony, or negotiation, it can slow down the process of reaching a settlement and ultimately receiving the payment.
- Negotiations – The negotiation phase can also affect the timeline. If both parties quickly agree on the settlement amount, the process will move faster. However, if negotiations are prolonged due to disputes over the settlement amount, liability, or the extent of damages, the final agreement and, consequently, the issuance of the settlement check can be delayed.
- Insurance Company Processes – Once the parties reach a settlement, the insurance company handling the claim needs to process the payment. Insurance companies often have their own internal procedures for issuing settlement checks, which can vary in length. Some insurance companies process payments quickly, while others may take longer due to bureaucratic processes or a backlog of claims. Delays can also occur if the insurance company requires additional documentation or approval from higher-ups.
- Lien Resolution – If there are liens on your settlement, such as those from medical providers, health insurance companies, or government agencies like Medicare or Medicaid, these liens must be resolved before you receive your check. Negotiating and paying off liens can be time-consuming, especially if the lienholders dispute the amounts owed or if negotiations are required to reduce the liens.
- Court Approval – In some cases, court approval is required before a settlement can be finalized, such as in cases involving minors or wrongful death claims. If court approval is necessary, the settlement process can be delayed until the court reviews and approves the agreement.
- Check Clearance and Distribution – After the settlement check is issued, it must clear the bank before funds are available. Furthermore, your attorney will need to deduct any legal fees, liens, and other expenses from the settlement before disbursing the remaining funds to you. This final step can add a few days to the process.
What Are My Litigation Options in a Personal Injury Case?
Litigation in a personal injury case becomes necessary when negotiations fail to result in a fair settlement, which often happens when there is a significant disagreement over who is at fault, the extent of the injuries, or the amount of compensation that should be paid. If the insurance company denies liability, offers an insufficient settlement, or engages in bad faith practices, filing a lawsuit may be the only way to pursue the compensation you deserve.
Once the decision is made to litigate, the process begins with filing a complaint in the court system. The complaint is a formal legal document that outlines your claims against the defendant, including the details of the accident, the injuries you sustained, and the compensation you are seeking. After the complaint is filed, it must be served to the defendant, meaning they are officially notified of the lawsuit.
Following the service of the complaint, the defendant has a set period of time, typically twenty to thirty days, to file an answer. In their answer, the defendant will respond to the allegations made in the complaint, either admitting or denying them. The defendant may also raise defenses or counterclaims against you.
Once the answer is filed, the case moves into the discovery phase. Discovery is a critical part of the litigation process whereby both sides gather evidence to support their claims and defenses. Discovery may involve written questions (interrogatories), requests for documents, and depositions, where witnesses are questioned under oath. Discovery can be lengthy, depending on the complexity of the case and the amount of evidence involved.
After discovery, the parties may file pre-trial motions. These motions can address various issues, such as asking the court to dismiss certain claims or exclude specific evidence. The court will hold hearings to decide these motions, which can have a significant effect on how the case proceeds.
If the situation is not resolved through motions or settlement negotiations, it will proceed to trial. During the trial, both sides present their evidence and arguments to a judge or jury, who will then decide the outcome of the case. The trial process includes opening statements, witness testimony, cross-examinations, and closing arguments.
Finally, following the trial, the judge or jury reaches a verdict. If the verdict is in your favor, the court may award damages to compensate you for your losses.
Types of Recoverable Compensation in a Personal Injury Case
In a personal injury claim or lawsuit, you may be eligible to recover several forms of compensation, often referred to as “damages.” These damages are intended to compensate you for the losses and hardships you have experienced due to someone else’s negligence. Some of the most common forms of compensation you can seek include the following:
- Medical Expenses – One of the primary forms of compensation in a personal injury case is for medical expenses. This compensation includes costs for hospital stays, surgeries, doctor visits, physical therapy, medications, and any other healthcare services required due to your injury. You can also seek compensation for future medical expenses if your injury requires ongoing treatment or rehabilitation.
- Lost income – If your injury prevents you from working, either temporarily or permanently, you may be entitled to recover lost earnings. This compensation covers the income you would have earned had you not suffered an injury. In cases where the injury causes long-term disability or reduces your earning capacity, you may also seek compensation for future lost income.
- Pain and Suffering – Pain and suffering refer to the physical and emotional distress you experience as a result of your injury. This type of compensation is more subjective and can vary widely depending on the severity of the injury, the effect on your quality of life, and other factors. Pain and suffering compensation aims to address the discomfort, anxiety, and emotional trauma that often accompany a serious injury.
- Loss of Consortium – In some cases, if your injury has negatively affected your relationship with your spouse, you may be eligible to seek compensation for loss of consortium. This form of compensation is intended to address the loss of companionship, affection, and support that you and your spouse experience.
- Property Damage – If the incident that caused your injury also resulted in damage to your property, such as your vehicle in a car collision, you can seek compensation for the cost of repairs or the fair market value of the property if it is deemed a total loss.
- Punitive Damages – In cases where the defendant’s actions were especially reckless or malicious, the court may award punitive damages. Unlike compensatory damages, which are intended to make you whole, punitive damages are meant to punish the defendant and deter similar conduct in the future.
Speak to an Experienced Personal Injury Lawyer Today
If you suffered injuries in an accident that resulted from another person’s negligence, a skilled personal injury attorney can guide you throughout every step of the process. Your lawyer will file a timely claim or lawsuit on your behalf and do everything possible to expedite your settlement award or litigation result.