What if Your Spouse Suffers a Major Injury? How Personal Injury Lawsuits WorkWhile accidents and injuries occur every every minute of the day, it's important to note your legal protections. Sometimes the injury does not occur to you. That makes it important to also understand your spouse's legal options if he or she is involved in an accident, suffers injury in the work place, suffers after a medical mistake, or for variety of other reasons.
Do you have a claim?
You don't know if you have a claim without looking deeper in what happened, who holds liability, what injuries your spouse suffered, and finally by consulting with a lawyer. If your spouse suffers a minor injury twists an ankle or something else with little pain and injury the claim is likely not worth the time and effort. If you end up owing tens of thousands of dollars for medical expenses, and liability is clear, you definitely should consider your rights.
Liability can be proven in a variety of ways. If the police report shows your spouse made little to no mistakes and the other drivers holds liability, that can be a major point in identifying your right to a lawsuit. If a doctor makes a clear mistake, gives your spouse the wrong medicine or advice, and this causes injury, you have legal protections. Bad as it sounds, the more your spouse suffers, the worse the damage, and the clearer the liability, the more value the claim is. On the other hand, this is quite important: you both deserve financial compensation, much more than the basic expenses.
What are the first steps?
This all depends on what happened. You always want a personal injury lawyer to look over your case, but before that, make sure your spouse is healthy, record as many details on the event as possible, record expenses and expected expenses, and find any possible evidence.
Your spouse may not be in the best shape to take a major role in the case. If the accident causes whiplash, a relatively common event, you might take the lead role in helping him or her get better mentally and physically.
Get Witnesses and Experts
You might also take a more active role in putting together a case. With a personal injury lawyer's help, you can collect evidence, find witnesses, and use experts, all to make a better court case.
Who can help?
Rarely do personal injury lawsuits go to court: most are settled before that. While you may want to be in total control of the lawsuit because of your spouse's injury, you should immediately consult with an experienced personal injury lawyer. He or she will work for any money you get. If you lose, the lawyer should get nothing. If you win, the lawyer gets a fraction, usually 25% to 35%, depending on whether the case goes to court or not. Let a professional handle the case and your chances of a high settlement are great.