Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

What Makes Personal Injury Cases So Complex?

Published on Apr 19, 2017 at 12:19 pm in Legal Information.

One of the things you’ll hear most often from personal injury lawyers is that personal injury cases are innately complex. Medical malpractice claims, product liability claims, premises liability claims, and nursing home abuse claims tend to be among the most complicated. But why is that, exactly? Why are these types of claims so complex?

The answer to that question is also complex. Firstly, it’s important to understand that there is rarely any type of personal injury that’s defined as “cookie cutter” so to speak. Personal injury cases are generally rare instances. If they weren’t, they wouldn’t be civil cases. Civil claims—which include personal injury claims—are matters which occur rarely and can ideally be prevented with best practice measures.

What this means is that in the case of a nursing home abuse claim, for example, the case wouldn’t need to be filed at all if the nursing home staff members had been doing their jobs and properly taking care of your loved one. Personal injury cases are almost always worst-case scenarios. As such, every case is unique and must be handled uniquely. This innately makes these claims complex.

Additionally, personal injury claims have a great number of processes and steps that must be taken. Some of these steps must be taken before the claim is even filed. The injury and potential case must be thoroughly evaluated and assessed, as well as any potential evidence and testimony that may be able to be acquired. Personal injury cases that involve a defendant that is a corporation or company are more challenging than claims against individuals, so strong evidence is essential for these cases.

After the case and circumstances are evaluated and assessed, a detailed demand letter is sent to the individual/company that caused the injury or their insurance company. This letter may allow both parties to reach a settlement agreement. If not, the claim becomes much more complicated and must go through several other steps including discovery, depositions, pre-trial motions, and trial.

Trial, or litigation as it’s often referred to, can be very complicated. How long a case takes to get to trial will depend on many factors, but most personal injury lawsuits that go to trial can take months or even years before they are fully settled.

All the above factors are reasons why personal injury attorneys tend to be selective regarding the cases they accept. If you or a loved one was injured in Nebraska and feel you may have a personal injury lawsuit, you owe it to your family to speak to a lawyer who has proven experience. At Welsh & Welsh, we can pair you with an Omaha, NE personal injury lawyer who can tell you the merits of your case and help make a complex claim and situation manageable. Contact our office to learn more.