Getting a fair outcome

Understanding Personal Injury Cases

If you have sustained injuries in an accident or slip and fall your first reaction will determine whether you get justice or not. Your first instinct might be to seek out a personal injury lawyer. However, before you go hiring a lawyer, you need to understand a bit about personal injury laws.

What Would the Case Involve?

These are legal disputes arising when someone gets harmed from an injury or accident with someone else being legally liable for the injury or accident. These cases may be resolved by informal settlements or through a formal law suit.

  • Informal settlement: This is a settlement involving all those involved in the dispute: you and the person(s) responsible. Attorneys representing both sides will be present. This settlement is a negotiation that is followed by a written contract whereby both sides forgo further action (law suit) and choose to resolve the dispute through the payment of an agreeable sum of money.
  • Formal lawsuit: The case begins when you (aggrieved party or plaintiff) file a complaint against a person, business or government agency (accused or defendant) claiming that they conducted themselves irresponsibly or carelessly resulting in your injury or accident. This is called filing a lawsuit.

What Should You Do?

  • Gather evidence that points to the person who is responsible for the accident and the level of injury sustained as a result of the accident. Pictures are very useful pieces of evidence.
  • Write an account of everything that you have been through following the accident. This should include hospital visits, medical bills or lost wages.
  • Acquire the names and contact details of witnesses that were present during the accident.
  • Tell the guilty person that you are planning to file a claim against them

How Long Should You Take Before Informing Someone That You Will File a Claim?

There is no time limit for notifying a person of your plans to sue them. However, informing them sooner increases your chances of ending this issue faster. By informing a person of your intention to sue them, you are not obligated to file a lawsuit. This notice is meant to protect you by preventing the other party from objecting to a lawsuit by presenting the argument that you lingered too long before informing them that you were injured.

What is the Time Limit for Filing a Claim?

You  will have a limited amount of time within which you can make a claim. This time limit is referred to as the statue of limitations. This period of time begins the moment you are injured or discover that you are injured. The statute of limitation varies depending on the type of injury you have sustained and the region where you are situated. Your attorney will inform you regarding the applications of the statute of limitation in your region among other legal issues.

About Me

Getting a fair outcome

When my friends make lawyer jokes, I just shake my head. Lawyers help our clients to get fair and equitable outcomes in and out of court and there is nothing more Australian than a fair go. With large and small clients coming in with new problems each day, I never quite know what the new day will bring, but that's the great thing about being a lawyer. Legal practise is always changing, always challenging and always rewarding. The one thing that stays the same no matter what the case details is that our focus is on getting the best outcome for our client.