How Long Do You Have to Sue Someone for Personal Injury?
Posted February 15th, 2021 by Anthony Carbone.
Categories: Personal Injury.
If you have suffered an injury on the business premises, you might be asking yourself whether to sue the business or not. How long do you have to sue someone for personal injury? Anthony Carbone is a Jersey City personal injury attorney who can provide the answer to this question. For over 30 years, Anthony Carbone has fought for injured victims’ rights by listening to their stories and helping them get the reimbursement they deserve.
What Are the Causes of Personal Injuries?
Personal injuries occur due to misconduct in many different forms, such as;
- Auto accidents which happen with forms of transportation
- Premises liability whereby a victim gets into an accident on business property. Also known as a slip and fall accident.
- Product liability is caused if there is an issue with the product’s design or manufacture.
What to Expect In a Personal Injury Case?
Most personal injury cases are resolved without a lawsuit being filed in court only if the company involved is not malicious. Here are the different stages of a personal injury claim and how long it takes;
- The first thing is the victim should get medical treatment after the accident even though the injuries are minor. If the victim doesn’t see a doctor, the insurance company and jury will assume the injuries are not severe.
- For any injury claim where you have suffered a significant injury, you will certainly need a lawyer. As for minor injuries, as long as you are comfortable and confident of getting a positive outcome, you can handle the claim yourself.
- Thirdly the lawyer studies the claim to know every detail about the accident and the injuries. The lawyer then reviews medical records to identify any treatment relating to the condition at issue. This process can take months.
- If the injury claim is minor, the attorney considers making demands to the insurance company’s lawyer. Also, for a lawyer to make a demand, he will require a maximum medical improvement to know how much the case is worth. If the demand is not reached, the case moves into the litigation stage.
- The attorney and victim then file a personal injury lawsuit, which will take one to two years to trial.
- The personal injury case then enters the discovery phase, where each participant examines the other party’s claims and defenses.
- When the discovery stage ends, the lawyers start discussing the settlement or go to mediation where both clients and attorneys get help from a third-party mediator.
- If mediation doesn’t work, the case is scheduled for trial, which can last a day, weeks, or even longer.
What is Personal Injury Compensation?
After an injury, the only thing you should be worried about is getting better, but this can be challenging because of the unresolved bills. That is why workers’ compensation laws are there to help victims with medical fees and living wages. The amount of compensation a victim gets depends on the nature of the case. The most common examples of reparations include
- Economic injuries such as lost earnings due to missing work
- Pain and suffering
- Property destruction
- Medical charges involving costs of prescribed drugs, therapy, at-home care, hospital stays, and emergency treatment
- You can also be awarded punitive compensations if the court establishes the negligent party’s deeds were spiteful.
Anthony Carbone is a relentless, successful, and aggressive attorney who ensures a positive outcome for all his clients. If you or a loved one has experienced injuries due to another person’s recklessness, immediately contact the law offices of Anthony Carbone.