Personal Injury FAQs - Personal injury law on a desk and gavel.

Personal Injury FAQs

Personal Injury Attorney

If you are thinking about filing a claim for personal injury, you may have many questions to ask your personal injury attorney. We have compiled a list of the most frequently asked questions.

In order to recover damages for my injuries, do I have to have my case tried in court?

A: No. In many cases, personal injury cases do not go to trial and in fact do not go to court at all. There is a high likelihood that many cases that are filed will be settled before a lawsuit is even filed. It is not necessary to have a court judgment in order to recover damages or loss of wages. In most cases, a personal injury case is resolved through a settlement with the insurance company.  

Q: Can my claim be affected by a prior injury I sustained in the past?

A: As a general rule, personal injury cases are caused by some sort of negligence on the part of the defendants. For your case to be established, you must first demonstrate that there was negligence, and that this negligence was responsible for the injury you suffered as a result of said negligence. Even if you are not able to prove that your previous injuries have worsened due to the act in question, compensation may still be available to you. Any person who suffers foreseeable harm as a result of negligence must be compensated by the negligent party.

Q: As a matter of law, what is the meaning of the term “preponderance of the evidence”?

A: The “preponderance of the evidence” is what is generally referred to as the greater weight of the evidence in a lawsuit. This refers to a defendant’s liability in a personal injury case being legally accessible to the plaintiff. A defendant will be held accountable for any injuries or harm that has occurred to the plaintiff as a result of the defendant’s negligence if the evidence shows that the defendant’s negligence was more likely than not the cause. 

Q: What’s considered “pain and suffering?”

A: There is more to pain and suffering than just physical damage. Additionally, this means that the plaintiff has been psychologically affected in some way as a result of the accident. The emotional effects caused by this case can be anything, from anxiety to depression to sleep deprivation, and it can be anything else. There are several factors that can contribute to pain and suffering, including the fact that you are unable to participate in activities that make you happy.

Q: What is ‘liability’?

There are two types of liability: responsibility and fault. There are three factors that must be considered when determining the negligence of another party in a personal injury case:

  • Civil or legal duty
  • Breach of said duty
  • Harm or damages caused by breach of duty

There is a high likelihood that when either of these factors are impacted in any way, someone will be held responsible most of the time. If such a case arises, then the defendant or negligent party will be held responsible for the damages. For example, every driver has a civil duty to stop at red traffic lights as part of their civil duties. As an attorney from The Lynch Law Group explains, it is the driver’s responsibility if he or she runs through a red traffic light and causes any harm or damage to a person or property as a result, as they will be held liable for those damages.

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