When dealing with a personal injury case, it’s nice to know what’s going on. This allows you to have confidence in what’s occurring during your case and not just trusting an attorney blindly. Although it’s important to pick an attorney that’s good at what they do and whom you can trust, it’s still important to be prepared and knowledgeable yourself. Having tabs on your own case and understanding the steps as they come allows you to make an informed decision when presented with one. Below covers some topics on personal injury cases when you are the one who has sustained the injuries.
What Does a Typical Personal Injury Case Look Like?
When an injury occurs at the negligence of another party, most states have laws that allow the person injured to recoup costs. This can include emotional trauma connected to the injury. Negligence can be from a workplace being unsafe or not kept up to code which resulted in an injury. Negligence can also include careless driving, malpractice by a doctor, and more. A typical case will have an injured party and a negligent party seeking to prove whether negligence was indeed the issue.
What Happens After Filing a Case?
The assumed negligent party is then served papers of the notice and becomes the defendant while you become the plaintiff. The next step is called “discovery” as lawyers on both sides gather evidence, ask questions, and build a case. Once this mode has ended, offers can be made before the case is taken to trial. If the offer is refused, it will go to trial and be decided by a judge. However, it’s common for personal injury cases to be settled outside the courtroom.
What Happens if I Win?
A judge or jury will decide an amount for damages and you will be rewarded this amount of money. Those deciding the amount will take into account the injury, grief caused by the injury, future wages lost, etc. All angles will be considered in order to fully cover the plaintiff. This is why cases like this are often settled outside of court.
How Long Do I Have to File a Case?
Each state differs on the length of time following an injury that you have to file a claim. This is referred to as the “Statute of Limitations.” Your attorney should be able to help you with this amount of time for your state. However, it’s always best to file a claim as quickly as possible following the injury. This often helps with evidence trails and the case in general.
Some other important notes to consider are that the defendant of the case isn’t punished. Other than paying out what’s rewarded to the plaintiff if they lose the case, a defendant won’t have to worry about aspects such as probation, jail time, etc. Further, if you decide to settle a case outside of court, this is when you and the defendant agree on a specific outcome of the case without a judge or jury. Your lawyer will handle the details.
The bikes of our childhood got a new look and come back in an electric version in our cities, our roads, our sidewalks, and our cycle tracks: it is the electric bike. What happens in the event of an accident?
More and more electric bikes but also more and more electric scooters.
If you suffered injuries on an electric bike, then you may be eligible to file a lawsuit against the electric scooter company. You might also be eligible for a class action. There are currently multiple class action lawsuits pending against scooter companies, including Bird Rides, Lime Bike, Skip or Spin. An e-scooter accident lawyer can help you explore your options.
What You Need to Know About the e-Scooter Class Action Lawsuit
There are several cases that could arise:
- The pedestrian victim hit by a scooter
This is the simplest case since the scooter driver without motor is also considered as a pedestrian. As you can see, when it comes to the scooter driver without a motor, even if he is considered to be a pedestrian, he remains at fault and the pedestrian victim who has been knocked down will have to be compensated for all his injuries. Compensation to the victim pedestrian will be done through the liability insurance of the scooter driver without an engine.
- Pedestrian struck by an electric scooter (homologated and not homologated)
- The driver of a scooter hit by a motor vehicle
- Case of a motor vehicle crashing into an electric scooter driver
- The driver of a scooter hit by a pedestrian
- A pedestrian who hits an electric scooter
- The driver of the electric scooter must also wear a helmet and above all to be insured (more and more insurance vehicles offer specific insurance for new means of transport).
Scooter companies, such as Bird and Lime, are currently facing personal injury and class action lawsuits. Many of the plaintiffs in these cases have the following similar complaints:
- -The defendants contributed to injuries suffered by multiple plaintiffs.
- -The defendants were negligent in dumping scooters along public streets without notice or authorization.
- -The defendants failed to take action to eliminate the hazards and risks they imposed on the public.
- -Bird’s and Lime’s safety instructions did not satisfy reasonable safety standards.
- -Bird and Lime breached their warranties, thereby, building scooters that are not suitable for repeated public use.
If you have suffered injuries from an e-scooter and you are seeking compensation for your losses, you may be entitled to the following damages:
- Hospital bills or other medical expenses
- Pain and suffering
- Emotional turmoil
- Lost pay or future earning capacity
- Pain medication and other prescriptions
- Long-term disability, rehabilitation, or additional future medical costs
- Loss of consortium
What you can claim depends on the circumstances of your accident, your total losses, and if you can establish that an e-scooter company is responsible for your injuries. Our lawyers can help you establish liability and case value to get you the compensation you deserve.