01 May Chances of Winning a Personal Injury Lawsuit: What You Need to Know
What is Personal Injury Law?
Personal injury law is defined as someone who wants to take legal action against another person or company for an injury that a person has received either to the mind or body. Many times the victim is wanting to be compensated for medical bills, diminished quality of life, and or pain and suffering. Many personal injury suites stem from a workplace accident or a road traffic accident. Other personal injury situations include tripping accidents, assault claims, and product defect accidents. These are just the more well-known types of claims, however. This can be a very broad and diverse topic with many exceptions.
In the Tulsa area, we are no stranger to personal injury lawsuits. With so many businesses and moderate to heavy road traffic, it is pretty common for personal injuries to arise. This is why is important to find a good Tulsa personal injury lawyer. When it comes to these injury-related incidents it is important to take the next best steps to ensure compensation and accountability are in place not just for yourself, but also to ensure the same thing does not happen to someone else.
How do you know when you should file a lawsuit for a personal injury?
Many times when people get injured on the job, the emotions run pretty strong. It is important to gather the facts and have a clear understanding of who can be liable and what you can hold these people accountable for. This is again, why contacting a personal injury lawyer is so important. You can speak with a professional first about your case. Even if you are not sure if you have a case, but you just feel like what you experienced had components of neglect and/or foul play.
For instance, you may feel like you made a dumb move on the job and got hurt, but the conditions you were in, plus the lack of training may have caused you to be in that situation in the first place. Plus, if there was neglect to help you or give any sort of support when you were injured, that can also be a form of negligence as well. It is important to speak with someone who knows the ins and outs of corporate responsibility and OSHA regulations. When it comes on to accidents and injuries on the road, many times you can receive more compensation than you may realize.
A lot of times injuries that happen in car accidents can show up later. That is why it is important to immediately seek counsel if you think you were injured in a careless and wrongful way, even if the damages don’t seem obvious right away. There are many things to consider when you are thinking about seeking compensation for your personal injury. So let’s say you have had an accident happen to you and you are ready to file a lawsuit.
You may be asking yourself, what do I need to know? Who do I need to contact? And what are my chances of really winning a lawsuit like this? You never want to go into a fight without the odds.
First things first, what do you need to know?
When filing a personal injury lawsuit you first need to file a complaint. This is a legal document that describes the legal basis for your lawsuit. It contains the caption, the paragraphs describing the accusations of the defendant, and lastly what you are expecting to be compensated. This is crucial, you want to have exact numbers which are why getting a good Tulsa accident lawyer beforehand is crucial so you know exactly what to ask for. In addition to the complaint, you need to file a summons.
The summons is basically a document that explains to the defendant that they are being sued. When both papers are filed they are both served, in a timely manner, to the defendant. Timing is everything when it comes to filing a lawsuit. You first need to ensure the statute of limitations has not run out on your case. So as soon as you can after the accident, start the litigation process through the advisement of your lawyer. If everything previously mentioned goes according to plan, then the last step is to receive the defendant’s response.
The defendant can either admit to the allegations, deny the allegations, neither confirm nor deny the allegations or seek a dismissal. Courts can grant a dismissal to the defendant if they deem the allegations to be unfounded. So be sure you have a solid case, and a strong lawyer. Once all of this is completed then the case begins. The case can either be settled outside of the courtroom, or it can go to trial in front of a judge and jury. Settlement outside of court is most common, many times both parties want to be able to settle the issue in a short amount of time as possible.
If you are the plaintiff this is due to court fees, time-sensitive bills, and receiving compensation in a timely manner. For the defendant, many times lawsuits are more expensive than what compensation would be, lawsuits can be bad publicity for certain companies, and also outside of a courtroom has a greater chance for compromise which can kind of be a win-win situation. This being said, sometimes lawsuits are deemed necessary.
Many times if there is an absorbent amount of money at stake on either side, or the responsible party cannot be agreed upon in the slightest. These are things to consider when heading toward litigation for a personal injury case.
Who should you use to represent you?
So now that you know what to expect, it is important to get the right team behind you. A great lawyer is crucial in the litigation process and will ultimately have the greatest impact on your compensation. Truskett Law is the best place in Tulsa to find a lawyer who cares and understands the law in this city better than anyone else.
Truskett Law will listen, inform, and fight for you through every step of the way. Truskett has an excellent track record and always puts his clients first. So if you or someone you know is involved or approaching a personal injury case, reach out to Truskett Law. They will meet with, talk with you, and give you honest sound advice.
What are the odds of winning a personal injury lawsuit?
Being informed and having a great lawyer in place is two ways of increasing your chances of success in a courtroom, however, some may wonder what are the odds of winning a personal injury law case? That is actually kind of a loaded question. This question has two answers. The truth is 95% of personal injury lawsuits are settled outside of court. This can be a great concept because it means a shorter timeline of compensation and less legal fees.
However, it can also mean that you have to compromise and work out a settlement with the defendant. This can be tricky but if you have the right lawyer on your side you can rest assured you will not be advised to accept the first low ball offer. The statistics of the plaintiff winning in a courtroom in personal injury lawsuits is statistically pretty slim. Many times if a person or company is willing to take it to the courtroom they have strong legislation and protection to back them up.
If you do win in a courtroom you can get the full settlement which is an upside. That is why it is so crucial to have the right lawyer on your side to advise on the best next steps, and when to negotiate and when to “stick to your guns”. A good lawyer’s motive should not be to win or lose in a courtroom. The objective should be, what is the best way to get the client the most compensation and accommodation for their injury. That is who you want by your side in a courtroom.
What is Truskett Law about?
Truskett Law is a Tulsa law office specializing in personal injury cases, as well as cases that deal with workplace accidents, car wrecks, and neglect. Their main goal is to win cases, as they don’t charge an hourly rate for their services, just a fee at the end of the case taken from the settlement. Truskett Law makes you a priority by doing everything in their power to fight for you. Their compassionate team of lawyers and paraprofessionals are always looking out for you and finding ways to make the process easier for you and your loved ones during a stressful time after an accident, incident, or injury.
Their office stands in the gap for you, representing you in court, but even before as well. They employ every tactic they can to increase your chances of winning a case and getting a settlement for your injuries. They know how hard things can be with life moving along even after you have been affected by an injury and they want to help you any way they know how.
Call Truskett Law today for a free phone consultation to know if there is something they can do for you to get you the compensation and settlement you deserve. They will be able to tell you fairly quickly what your case will look like.
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