If you’ve ever wondered why anyone would need a law firm after a car accident, you might want to know how personal injury cases work in the United States.
What Do Personal Injury Cases Try?
The U.S. Department of Justice reports that the most common reasons that people look for legal services and file a personal injury case are car accidents, medical malpractice, and product liability. What these have in common is that they are all ways that people can be badly injured due to the negligence of other people. Of those three types of cases, the most common by far, more than 50% of personal injury cases, is the car accident.
But Isn’t a Car Accident an Accident?
Sometimes it is and there’s no reason for a law firm to get involved. But more and more, negligence is playing a part in serious accidents. Every year there are about six million accidents in the United States, and three million people get injured. Worldwide, there are more than a million people being killed in car accidents every year. A lot of those accidents are the result of drunk driving and distracted driving.
Every day an estimated 300,000 people drive drunk, but only about 4,000 of them get caught and arrested. And every two minutes someone gets hurt by a drunk driver. Arrests and criminal prosecution aren’t taking care of the problem, which is where a law firm and a personal injury lawyer can come in. Personal injury lawsuits can send a strong message to the average drunk driver, who typically drives drunk 80 times before ever getting arrest.
What Does a Personal Injury Case Look Like?
First, the injured person will contact a law firm and find a lawyer. The lawyer will consider all the facts and advise the person whether a case should be made. Both sides will conduct investigation and discovery, and often the case will actually be settled out of court. In fact, only 4% to 5% of personal injury cases ever go to trial at all in the United States.
What Determines if a Case Can Go to Court?
there are generally three criteria for determining if the case is fit for court. The first and simplest question is: ?did someone suffer a personal injury?? This would include physical injuries, emotional injuries, I’d loss of work and livelihood. The Second question is whether those injuries were caused by the negligence of another person or persons. Negligence is failing to behave as a reasonable person would in those same circumstances. It must be proved that the negligent party had a legal duty to behave in a certain way, that they failed in that duty, that it was this failure that caused the injury, and that the plaintiff was injured in some way. Finally, a case can only be made if the situation of the injured person can be remedied with money. This would include loss of wages, medical bill repayment, or payment for disability accommodations.
personal injury lawsuits can have very serious consequences for all parties, both legal and financial. For this reason is always wise to consult with the law firm before taking any steps.