What Happens When A Personal Injury Case Is Not Settled?

What Happens When A Personal Injury Case Is Not Settled?

When a personal injury case is not settled, one of two things will happen according to personal injury law. Either nothing happens for the reason that the injured person does not want to pursue it or the injured person files a legal action, a lawsuit, to have a court decide the matter. It is up to the injured person to take action to recover compensation for injuries. Every state has statute of limitation laws which require that the legal actions be filed within a certain time of an injury or else the claim for compensation is lost forever and cannot be pursued. If you do need to file a legal action and sue the person or business that injured you, I would suggest that you hire a personal injury lawyer available at Ireland Personal Injury Advice.

Some people think that they can look up the law and handle their own case. Unfortunately, the legal actions and lawsuits require knowledge of a lot more than just the applicable law. First of all, each state has its own court system and you need to know the correct court in which to file the legal action. The next thing is that you need to know the court rules, rules of civil procedure, and rules of evidence. You also need to know how to draft and file pleadings like the Summons and Complaint. You need to know discovery rules and procedures as well as what motions to make and when to make them. Finally, you need to know how to handle a trial and how to present a case in order to better your chances of winning. There really is a lot to know and a lot of work goes into handling a legal action.

As they say, the wheels of justice turn slowly and it may take years for a personal injury case to go to trial and be resolved.

When There Is No Insurance Or Not Enough Insurance!

Sometimes a person may have a personal injury claim that results from a car accident where the driver who caused the accident and injuries either doesn’t have insurance or doesn’t have sufficient insurance coverage so as to cover the damages.

As part of overall personal injury law, most states require that insurance companies provide both uninsured and underinsured insurance coverage with their regular insurance policies. This means that when you’re in either situation, you contact your own insurance company for compensation for your injuries.

Note that uninsured cases where there’s no insurance are handled differently from underinsured cases where other driver doesn’t have sufficient insurance. Laws vary from state to state. In any situation, you need to consult with a lawyer to find out how they are handled in your state.


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