Auto Accident Lawyer
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If you have been injured because of someone else’s illicit behavior, you may be entitled to win damages in court. In addition, to win, you must prove certain facts that entitle you to damages. Furthermore, you must file your lawsuit within a certain time frame, otherwise known as the statute of limitations.
You Must File a Summons and Complaint
To sue someone for personal injury, you must file your complaint in the state where the injury occurred, or in a state of some connection to the defendant. The summons is a notice for a defendant to appear in court to respond to a complaint. The complaint describes your claim in detail. A state official or process server will personally deliver the summons and complaint to the defendant who must respond in writing to the complaint. The court will set a date for the first hearing.
You Must Prove Certain Elements
A personal injury case is usually based on negligence, intentional tort, or strict liability. To prove negligence, you must prove that the defendant failed to fulfill a duty to you (the duty to drive safely, for example), that this failure caused an accident, and that the accident injured you. You can prove an intentional tort by showing that the defendant acted with the intention of harming you – like by punching you in the nose. In some cases, you can win based on “strict liability,” without proving the defendant was at fault. Strict liability may apply if a defective product injured you.
It’s Easier to Win a Personal Injury Case
In a criminal prosecution, the legal standard is “guilt beyond a reasonable doubt.” In a personal injury case, the legal standard is a “preponderance of the evidence.” This means all you have to prove is that the defendant is more than 50 percent likely to be responsible for your injury. These different standards explain why defendants who get acquitted in criminal cases often lose personal injury lawsuits based on the same evidence.
Damages Are Not Limited to Medical Bills
You can claim damages for many different aspects of your injury, including the past and future medical bills, lost work time, and pain and suffering. Damages for pain and suffering are often several times as large as damages for medical bills and lost work time. In negligence cases, your damages may be reduced if the accident was partially your fault. Most personal injury lawsuits resolved through private settlements rather than courtroom verdicts.
John Danielski, Personal Injury. Auto Accident Lawyer Can Help
Complicated law surrounds personal injury lawsuits. Also, the facts of every case is unique.
Contact the Law Offices of John Danielski
The Law Offices of John Danielski is in Taylor, Michigan, serving people throughout southeast Michigan, including Wayne, Monroe, Washtenaw, Macomb, and Oakland counties. Please call us at 734-284-9399 to set up a free initial consultation.