If you’re mulling over filing a personal injury lawsuit, then presumably, something bad happened. Maybe a person did something that harmed you. Perhaps you blame a business entity for your illness or injury.
Filing a lawsuit isn’t fun, but sometimes, you have little choice. If you have a pile of medical bills and you’re not collecting a paycheck because you’re missing work, you may have no alternative. If you can get a skilled, experienced personal injury lawyer on your side, then hopefully, they can help you as you work your way through this complicated process.
In this article, we’ll talk about your responsibilities and rights when filing a personal injury lawsuit. You should know what you’re getting into if you ever find yourself in this situation.
You Have the Right to Sue a Person or Entity Who You Allege Harmed You
First, you should know you have the right to sue a person or entity who you think hurt you. That also includes situations where you feel that person or business caused you non-economic damages, such as pain and suffering. You must keep track of critical deadlines for filing a lawsuit, though. Once a certain time passes, usually two years in many cases, you can no longer sue the person or entity. You’ve missed your chance.
The court system guarantees you can sue virtually any person or entity, even a state or federal government. However, if you are going to win your case, you must have proof. If you allege that a person or entity harmed you, but you can’t come up with any physical evidence that proves it, you probably won’t win your lawsuit. Also, the court might think you’re wasting its time, and the judge won’t like that.
You Have the Right to Testify on Your Behalf in Court
You also have the right to testify during the trial if the lawsuit progresses to the point where you are in court with your lawyer, the defendant, and their legal counsel. Sometimes, you might want money from the defendant, but you may also feel it is just as important that someone hears you.
You may want the recognition from the legal system and a jury of your peers that a person or company wronged you. Saying that in open court where everyone can hear it might make you feel better, even if you don’t eventually end up getting any money from the defendant.
You Have the Right to Have a Jury of Your Peers Hear What You Have to Say
Related to that, you have the right to tell the story of what happened in your own words. The defendant’s lawyer or legal team might object if you say something the law considers out of bounds. However, failing that, you can say what happened and include any details you want on the record.
Even if you don’t have a great deal of physical evidence that supports your story, just what you say might sometimes convince a jury. Maybe you don’t have video evidence or pictures that show what happened, but strong testimony on your part might do the job.
Keep in mind that if the defendant takes the stand, your lawyer can question them. Maybe they’ll say events didn’t transpire like you claim they did. However, if the defendant testifies on the record, they’re under oath, meaning they must tell the truth, the whole truth, and nothing but the truth. They might lie, but if you can catch them in a lie, that’s perjury, and that’s a criminal act.
Even if you do not have physical evidence that proves what you say happened, the defendant might fear lying so much that they’ll tell the truth, thereby backing up your story. If that happens, you might win your case based on your testimony combined with what the defendant says.
You’re Responsible for Giving the Defendant Ample Time to Prepare Their Defense
As for your responsibilities, you and your lawyer must give the defendant ample time to get their defense ready. The exact amount of time you must give them depends on several factors. Your lawyer can tell you about that. Presumably, they will know all about this part of the legal system and the particular rules your state has governing this kind of thing.
No matter how much time you give the defendant to prepare, though, if you feel certain you have right on your side, you will probably win your case. Do not worry about what the defendant comes up with during the time leading up to the trial. Just focus on collecting evidence and getting ready to testify when the time comes.
You’re Responsible for Paying Your Lawyer
You must also pay your lawyer if they win your case for you, assuming you set up a contingency payment plan. In most instances, with personal injury law, that’s what your lawyer will propose when you hire them.
If you find a lawyer who says you must pay them an hourly rate or give them money upfront, go with someone else. Many personal injury lawyers will let you pay them via contingency, and that puts all the pressure on them to win your case for you.
Now, you have some idea of your responsibilities and rights if you feel you should sue someone. This time in your life probably will not feel fun. Some individuals get litigious for very little reason, but most people don’t like spending their time in a courtroom. They will only do this if they feel they have no other recourse.
If someone harmed you, whether a person or company caused you distress, pain, or financial losses, don’t think you must suffer in silence. Find a capable attorney who can stand up for your rights and pursue the matter with the utmost determination. Maybe you can get money out of the defendant, but at the very least, you will make sure your peers hear your story.
