Suffering from a personal injury could be physically and mentally taxing. In addition to dealing with the injury itself, financial and legal issues might arise and add to the stress. Fortunately, you do not need to handle the legal elements of your case alone.
A knowledgeable attorney at the A.W. Smith Law Firm could help you seek compensation from the party who caused you harm. With the advice of an experienced Moberly personal injury, you may be eligible to recover compensation for your injuries. Speak to an attorney to learn about your eligibility to recover compensation for damages.
Personal injury claims could be vastly different from one another, depending on the facts of each case. This is due to the fact that there are many different types of cases that a personal injury attorney in Moberly might encounter. The most common personal injury cases involve motor vehicle collisions, property accidents, animal attacks, and cases involving severe injuries. However, most personal injury cases follow a similar process.
In some cases, an injured plaintiff may have the option of filing an insurance claim to recover relief. If insurance does not cover their damages, in whole or in part, a plaintiff could file a complaint against the responsible defendant. The defendant could then file an answer to the complaint, admitting or denying the allegations brought forth in the complaint. Opportunities could arise for the parties to dismiss or settle the case. This is known as the pleadings phase.
If the personal injury claim is not settled or dismissed, the parties then move forward with the case and enter the discovery phase. Discovery allows both parties to conduct factual investigations to build their cases for trials. Depositions, interrogatories, and requests for evidence are among the investigations conducted during discovery.
If the case makes it through discovery and motion practice without being dismissed or settled, the case moves to trial. At trial, both parties present the evidence they have gathered during discovery to a judge and jury. The court hears the evidence through testimony and submitted evidence, and after deliberation, they deliver the verdict. Both parties may appeal the decision.
The types of damages available to each plaintiff may vary depending on the facts of the case. A personal injury lawyer at the A.W. Smith Law Firm could assist a plaintiff in seeking the following damages:
Economic damages refer to the monetary losses a person suffers after an accident. These might include lost wages, out-of-pocket expenses, and medical bills. Non-economic damages are difficult to quantify. The plaintiff may be eligible to recover non-economic damages such as pain and suffering or emotional anguish resulting from their personal injuries.
Punitive damages are more rarely awarded, only given in circumstances where the defendant’s conduct rose above ordinary negligence, and the court deems it proper to deter the defendant from committing the act again.
In order to successfully seek damages, the injured claimant must file their claim within the statute of limitations. The statute of limitations refers to the deadline to file a lawsuit. Plaintiffs must file their action within the five-year statute of limitations pursuant to Missouri Revised Statutes §516.120. Reach out to a seasoned personal injury attorney in Moberly to ensure that a claim is filed within the statute of limitations.
Contact a Moberly Personal Injury Attorney Today
A personal injury case could be challenging to handle alone. Let an experienced attorney at the A.W. Smith Law Firm help your case. A Moberly personal injury lawyer could investigate the incident, collect evidence, and speak to witnesses to help prove your case. With the help of a skilled attorney, you may be eligible to recover compensation for your injuries and damages.
Call today to get started on your case.