If you have been injured in an auto collision that was not your fault, you probably have a lot of questions on your mind. One thing you should know is that when you have been involved in a collision due to someone else’s negligence, you could potentially be entitled to compensation in the form of payment for physical and/or psychological injury. One major question you probably are asking is how long it could be until you reach a settlement once the legal process begins. There is no clear answer to that question. You could have a settlement in as soon as a few weeks or as long as a couple of years. It largely depends on the complexity of the case. The most relevant factors in a personal injury case are the severity of your injuries and the treatment you require. If your injuries are relatively minor, the case is typically settled rather quickly.

One of the first actions you should take if you find yourself involved potentially in a personal injury lawsuit is to hire a lawyer. Only a highly skilled lawyer will be able to try your case effectively and aggressively seek legal redress due to you.

WHAT YOU MUST PROVE IN COURT. In essence, the victim has to prove that they were not at fault and the other party caused their injuries. The claimant – the person who was injured – has to show that the defendant owed a legal duty of care to the person who sustained injuries in the crash. They must also prove that the defendant has not fulfilled their legal duty by doing or not doing something that caused the victim to suffer damages and loss. The victim can make a claim for a settlement or compensation.

DAMAGES. The legal process begins in a personal injury lawsuit by the person who is injured filing for compensation. If you are injured in an auto collision due to someone else's negligence, you are eligible for financial compensation. You receive money for your pain and injuries. This is known as damages. If the defendant is found to be at fault, they are responsible for paying damages to the plaintiff – the person who was injured.

TYPES OF DAMAGES. One of the most common types of damages is compensatory damages – paid to compensate someone for loss, injury, or damages sustained from another person’s carelessness.

In a personal injury case, damages divided into two categories, i.e., special damages and general damages.

General damages can include:

* Physical Pain

* Emotional Suffering

* Disfigurement

* Mental or physical impairment

In this type of scenario, the plaintiff must prove that these damages happened as a direct result of the injury and not pre-existing conditions. Only then could you, the victim, be eligible for compensation.

Some examples of special damages can include:

* Lost earnings

* Repairing or replacing property

* Covering extra costs having to do with the injury

When it comes to repairing or replacing property, you must prove that your property was damaged in the collision or wrongful event caused by others.

EXTENT OF DAMAGES AND COMPENSATION.

* Pain and Suffering – You, as the victim, have the right to seek compensation for your physical pain and mental anguish that you are going through because of the injuries sustained in the collision.

* Medical Expenses for Treatment – The victim is eligible to receive compensation for all medical expenses incurred for the treatment of injuries as a result of the collision. The victim also has the ability to claim for the compensation that is designated for future medical expenses.

* Loss of Earnings – You are eligible to receive financial compensation for loss of earnings because of your collision-related injuries, such as lost wages or salaries, bonuses, commissions, and fringe benefits.

* Loss of Future Earning Capacity – You are able to file a claim to recover the value of your future earning capacity if you are unable to work as a direct result of the collision.

* Damages that Lead to Wrongful Death – Your spouse, parent, or child are eligible for damages for wrongful death claims. Everyone who is connected by blood or marriage, or who is dependent on the deceased, can request recovery.

* Deformity – You can also file for compensation associated with deformity with respect to marks or scars caused by the injury.

INFORMATION YOUR LAWYER WILL NEED FROM YOU.

* Date of the collision.

* Contact details of witnesses.

* All relevant information having to do with the personal injuries you sustained and a medical diagnosis and the type of medical treatment you are or will be receiving.

* Evidence that proves your earning loss and damages.

* Insurance documents that could cover your losses, such as health insurance and vehicle insurance.

* Documents having to do with any past legal claim cases.

HOW LONG DOES A PERSONAL INJURY CLAIM TAKE? As noted earlier, the length of time will vary depending on the extent of injuries and the number of parties involved. Often a case will last a year from the date of filing the complaint to settlement. It could also be six months. In a very few cases will a personal injury lawsuit take two to three years to settle.

If you or a family member have been injured in an auto collision and need legal representation, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.