You were hurt… but do you have a lawsuit?
Most of us experience some kind of injury in our lives – occasionally because of someone else’s negligence.
Thankfully, our legal system looks out for you should something of this nature should happen and provides a mechanism to hold the careless party accountable.
Civil suits, unlike a criminal case, can give the support necessary when hit with the impact of an accident where there’s liability. But can The Civil Justice System help you?
Were you or a loved one injured?
Bodily harm, psychological trauma, financial burden, time consumption, inconvenience; if the damage is demonstrable, it’s time to move on to the next step. Make sure you really analyze the ways you’ve been affected and determine how crucial it is to continue – or keep what happened to you from happening again.
Was it caused by negligence?
If responsibility for your harms and losses can be attributed to the fault of another person or party, you have the right to bring a claim or lawsuit. Persons, places, things, or combinations of the three; can all be held accountable for harm. Still, without a wrongdoer there isn’t a defendant, so case closed if its all your fault or nobody’s fault at all.
That said, the circumstances where culpability for someone’s harm can be ascribed are too many to name. Were you in an accident because someone sped through a stop sign? Was your child bitten by a leash-less dog? Did you slip in a store because of a spill that was not properly identified? The list is as expansive as the imagination.
Can you prove it?
If negligence is being alleged against another , the burden of proof begins. You must convince the finder of fact (Judge or Jury) of the Defendant’s failure to use reasonable care. This is the backbone of your lawsuit that will either allow it to stand tall or fail to tip The Scales of Justice in your favor.
It’s important to recognize evidence, as it can be direct or circumstantial and come in a variety of unpredictable ways. Eyewitnesses, physical proof, expert testimony,electronic evidence,social media, written materials, etc., this is an endless list. Though sometimes these things will not require Sherlock Holmes to uncover, the wise move is finding legal counsel at this point.
Should you get a lawyer?
Even if the fault is perfectly clear, attorneys are needed to navigate the legal jungle. Those unfamiliar with the paths will likely go astray in the wilderness and be devoured by wolves.
Advocates are vital to preparing any proceedings. They can arrange settlements or bring litigation before a judge or Jury. At this point, it’s likely the defendant has a representative, too, so you need to be ready. Even legal professionals who find themselves in this position hire counsel.
Although what an attorney does can be rather straightforward , it’s not recommended to go at it alone. Litigation demands and requires experience in these matters with a professional detachment to negotiate a settlement or stand for you once the case gets to court.
Should you go to trial or settle?
As soon as a lawyer is retained and engines are cranking, it’s your move once again. You’ll either be met with a settlement or the option to take the matter to court. Your advisor will guide the expedition, but you’ll ultimately decide the desired destination.
If you’re content with the other party’s offer making up for their carelessness, sidestep the pressure of going to court. Standing in front of a jury is not an easy experience , so if the defendant is willing to compensate you satisfactorily- let them take out their checkbook.
What happens if I go to trial?
As in most things in life, you’ll either win or lose. That said, this is where your legal counsel must excel. A knight in shining armor defending your honor; your avenger needs to be capable of not only holding the beast that hurt you back but slaying it fairly on the altar of justice..
While this is something that may vary in duration, the goal is to swiftly reach a conclusion. Civil cases can sometimes finish quickly or drag forever. Your attorney must be ready for either and have multiple plans for your case.
Let Jeffrey R. Davis P.A. give you an opinion and discover how we can assist you. Call us at (305) 577-3777 to schedule an appointment at or fill out the contact form and a representative will be in contact immediately.