Accident injury cases can be very complex; such as distracted driving cases which can involve very detailed investigations. There may be a disagreement between who is at fault, how much compensation should be awarded, or who should pay how much. These are some circumstances whereby your personal injury claim could end up in litigation. However, it is far more common these days for injury cases to be settled without having to file an accident lawsuit and litigate in court. This is because the best personal injury lawyers know how to gather important evidence, build a case, and negotiate with insurance companies to get the compensation you deserve.
“Litigation” is another term often used in place of “lawsuit.” The litigation process involves legal court actions taken between two or more opposing parties. Personal injury is a specialty of litigation that focuses on injuries and damages caused by accidents. In a personal injury case, the end goal of litigation proceedings is to obtain resolution; fair compensation for injuries, loss of life, loss of income, and/or psychological damages resulting from an accident caused by the negligence or carelessness of another party. Again, the challenge is to prove liability; in other words, proving who is at fault for causing the accident to begin with.
Civil Litigation Terms
In personal injury cases, lawsuits are considered to be civil litigation, or matters not involving a crime. If an accident attorney files a lawsuit, they will do this on behalf of the plaintiff who is the person who has been injured in an accident that was not their fault. The party being sued is most commonly referred to as the defendant. In an injury lawsuit, it must be proven that the defendant acted in a reckless, negligent or careless manner and caused the accident. Then, it must be proven that the injuries the plaintiff sustained were a direct result of the said accident. Persons who are involved in a given lawsuit are referred to as “litigants.”
Personal injury attorneys settle cases in and out of court. They provide legal representation to persons who have been injured by another person, company, agency, etc. Depending upon the details of your case, your attorney may or may not recommend litigation. There are sometimes advantages to settling your case before filing a lawsuit. For example, you may receive compensation faster and risk less in the long run by settling sooner. Each case is unique. Action Law Offices works on a contingency fee payment structure. This makes it convenient for plaintiffs to hire the legal representation they need to get advice right away. If you’ve been injured in any kind of accident seek the advice of one of our experienced injury attorneys for more information.
DISCLAIMER: Blogs and articles cover very basic accident and injury topics for education and awareness such as statistics, Wisconsin Laws, injury areas, compensation and injury victim rights. Information not intended for legal advice; consult with an attorney directly.