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Personal Injury Lawsuit Myths
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Lawyer January 19, 2023 Ivy Cole

Personal Injury Lawsuit Myths

When you’ve been injured and have been wronged, you might think that filing a personal injury lawsuit is the only way to get the justice that you deserve. But there are several myths surrounding the process. Read on to find out more about these myths and how to avoid them.

Settlements

There are a variety of different methods to obtain settlements in personal injury lawsuits. One of the best ways is to use mediation. A neutral mediator can help parties settle their cases. In most jurisdictions, it is mandatory to have mediation prior to going to trial. The process is often beneficial in getting parties to come to a reasonable and mutually agreeable settlement.

Another useful tactic is to use a structured settlement. This type of settlement is tailored to meet the specific needs of the injured person. For example, payments may be set up to cover medical costs, lost wages, or other expenses.

These are a good way to get your money out of your pocket in a timely fashion. Some people prefer this method because it is more flexible than receiving a lump sum. It also doesn’t affect your ability to qualify for Social Security or Medicaid.

Structured settlements aren’t taxable under federal law. They are also not subject to state income tax.

Trials

A personal injury trial is when a plaintiff files a lawsuit against a defendant. The trial usually lasts for several days, but can also last for months. Each side submits evidence and testimonies to the court.

The process can be confusing and stressful for both parties. It’s important to have an experienced attorney to represent you. If your lawyer has a lot of experience, they can quickly move your case through the legal system.

The first step of a personal injury trial is jury selection. Known as ‘voir dire,’ a judge will ask potential jurors about their background, life experiences, and ideologies. These questions will help the jury consider the case.

After the jury has selected a panel, the judge will examine the evidence. They will decide whether the defendant was negligent or not. Their verdict will determine the amount of damages.

Personal injury trials are governed by the Federal Rules of Civil Procedure. Both sides have the opportunity to appeal the verdict.

Statute of limitations

A personal injury lawsuit is a type of legal action where a person files a claim against another party for injuries caused by that person. This includes slip and fall accidents, car accidents, dog bites, and more. Usually, the injured person has the right to recover damages, such as compensation for pain and suffering. But before you go to court, it’s important to know the statute of limitations for your case.

In most states, the statute of limitations for a personal injury lawsuit is two years. However, some states, such as Pennsylvania, have a shorter deadline. Some cases have a longer limit, such as medical malpractice.

If you’re filing a claim against a government entity, the time limit is even shorter. The Massachusetts statute of limitations for personal injury claims is only three years.

You may have heard of the “discovery rule,” which delays the time limit for a personal injury lawsuit. In this case, the clock starts running the day the plaintiff learns about their injuries.

Myths

Personal injury lawsuits for construction accidents can be complicated and stressful. It is important to understand some of the common myths associated with these claims. By learning more about the realities of these claims, you can increase your chances of getting the compensation you deserve.

Some myths that you may encounter include: “You can file your claim on your own” and “If you’re not injured, you can’t be compensated.” Both of these statements are false. While it is true that you can go it alone, it is also true that a lawyer can help you get more money.

You can get compensation for pain and suffering, as well as medical bills. However, you need to be able to prove that your injuries were caused by another party. In some cases, you can even receive compensation for your lost wages.

A personal injury settlement can wipe out your savings and weekly paychecks. It may also cause you to lose your kids’ college funds. To ensure you are able to receive the compensation you need, you need to hire a personal injury lawyer.

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