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Personal Injury Case: How Does It Work?

04th October 2011
By ethanrehman in Personal Injury
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Filing a law suit for a personal injury claim is simple. What makes it tedious is the long process involved in almost all forms of claims before a final verdict is made by the court. The person filing the suit is called the plaintiff, the person injured and entitled for compensatory damages from the defendant, the alleged perpetrator. The case is brought to court through a personal injury lawyer or attorney.

Three lawyers appear in court: one for the plaintiff, another for the defendant and the third, although rarely, is for the insurer. They gather as much evidence as possible that can win their side of the case. This stage is popularly known as the discovery. Even before the case is brought in court by the plaintiff through the personal injury attorney, all pieces of evidence should be well gathered. Most cases are settled during this stage and never have been brought to court.

The court awards the plaintiff with entitlement for compensation from the defendant if the verdict favors him/her. Compensation usually covers all damages that the incident caused to the victim including medical bills, lost wages, and future wages loss. Any physical disability resulting from the injury is also subject to compensation. In big states like Utah, personal injury lawyers do everything to have the case brought to court and not settled early, although some prefer settlement.

Settlement is the state when the case has not made it to court after the supposed plaintiff agrees to compensation from the perpetrator absolving him/her from any further liability. A Utah personal injury lawyer explains the repercussions of settlement to his/her client including avoiding dreary proceedings in court. The client is also oriented about the supposed compensation he/she should get before signing a written document for settlement.

On the other hand, many people confuse civil cases with criminal cases. More often than not, plaintiffs expect perpetrators to get punished after losing the case. A Utah personal injury lawyer should explain the consequences of a civil law correctly to the plaintiff to manage his/her expectations.

Personal injury is a type of civil case. Only criminal cases lead to jail terms and stiff fines for the perpetrator. Defendants in civil actions are only held liable to compensatory damages and pays fines. A Utah personal injury lawyer can however ask the court for punishment if injuries resulted from assault or intentional harm.
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