Each person is free to do whatever he wants. However, this right is not absolute. The law regulates such freedom also to respect the rights of other people within the community. This explains why one can be legally stripped of his freedom when he injures, commits a felony, or defraud another. In the same vein, when you find yourself injured because of an act or omission of another person, you have every right to file a criminal or civil lawsuit. For any of these cases, you’ll need to commission a personal injury law firm to vindicate your rights.
While some people can advocate for themselves, when it comes to legal battles where your right is at stake, it’s best to let the experts handle the case. You may know your circumstances better, but the court requires more than sheer will to take revenge against an aggressor. You need to draft a complaint affidavit, pray for relief, file the same in the proper court, observe procedural due process, and even interpellate the opposing party and witnesses.
All these require knowledge of the law, experience in litigation, and cunning ability to persuade the judge to rule in your favor. However, if you’re still unsure whether you need a lawyer for a personal injury claim, check these signs to tell you that you need them.
Sign #1: You Don’t Know Where to Start
If you recently figured in an accident that rendered you incapable of doing manual work, yet you don’t know how to vindicate yourself — you need a lawyer. In these kinds of cases, you need to know what acts or omissions giving rise to a cause of action. After figuring that act, you need to check if all the requisites of a felony or misgiving are present in the case at bar.
Once you’ve figured the requisites out, you need to gather evidence, both direct and circumstantial, to substantiate your claim. Only then can you formally start filing a complaint. All these preliminary requirements of the case are already tedious for a layman and somebody who has limited knowledge of the legal process. It’s, therefore, best to give the job to a lawyer.
Sign #2: You are Emotionally Attached to the Case
The justice system is best depicted by the blindfolded lady carrying a weighing scale. This means that the person behind every court decision may not be there at the time of the commission of the offense, but because of the evidence presented to him, he can make a sound judgment. Given that, there’s no room for your emotions in this case.
One needs to be as rational or level-headed as possible to persuade the court to rule in your favor. It’s easy to get a clouded judgment when you’re emotionally attached to something. It’s also easy to blame someone when you’re high in emotions. Your emotions may point to this person as the guilty party. However, if he’s not the liable one, justice will never be served. To keep this from happening, get a lawyer.
Sign #3: You Don’t Know What Forms to File or Filled-Out
The court won’t take cognizance of a case they don’t know about. This is precisely why you need to draft an affidavit complaint and lodge the same to the appropriate court with jurisdiction. However, an affidavit complaint is not merely a litany of your alleged abused rights. It follows a specific form that only lawyers are privy of.
In that affidavit, you need to indicate where you intend to file the case, who the opposing party is, what events gave rise to the said cause of action, your legal standing to file a lawsuit, and remedies you want the court to award to you. If you’re unsure if you can satisfactorily and accurately indicate all these, then hire a lawyer.
Sign #4: You’re Not Sure Which Court Has Jurisdiction Over your Case
Even seasoned lawyers commit the mistake of filing the lawsuit to a court with no authority to rule on the matter. Sometimes, these cases even reached the higher courts, only to be dismissed and remanded to the courts with original jurisdiction for review. You see, jurisdiction is very crucial when filing a case. In fact, if you file it to the wrong court, your case can get dismissed on a mere technicality, forcing you to start over again. If this topic appears hazy to you, get a lawyer to do the legal work.
Sign #5: You Don’t Know What Reliefs Should Be Prayed for
Your affidavit complaint should include what legal remedies you’re seeking the court to award, should you convince them that a wrong was done against your person. It would be self-defeating if, after you enumerated and provided evidence of a felony committed against you, you did not mention what you want the court to do. It’s like whining but not knowing what can make you feel better or satisfied. The relief could be a guilty plea, an award for damages, restitution of rights, or all of the above. If you’re not familiar with all of these, seek a lawyer’s help.
When you file a case, it’s given that you intend to win. And the best way to succeed in anything is to have somebody skilled enough to get the job done excellently. In the legal arena, this ‘skilled somebody’ is none other than your trusted and reliable lawyer!
