The pursuit of justice is usually a personal affair for those who are injured by the negligent actions of others, and we believe that the system is fair and just and that it shall award us the damages we seek in order to rebuild our lives. The law is predicated upon uncovering the truth in order to dispense justice in a fair manner; however, what happens if the dispensing of this justice is obscured by procedural motions that must be followed for the purposes of ensuring that certain regulations are adhered to, which then leads to a perceived unjust result even when you have a meritorious case? This may seem deeply unfair given your circumstances and can frustrate first-time claimants to no end.

At McCready Law, we understand how the law can be twisted in order to favor the other party in an attempt to invalidate your claim, and this article, we shall take a look at these procedural minefields as well as demonstrate how we overcome them so that justice and fair compensation can be served – read on to find out more.

Are you looking for the best injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience, where we’ve helped tens of thousands of injured Americans across the country receive compensation after getting injured due to the negligent actions of other individuals or large corporations.

To date, we’ve been able to recover over$260 million for our injured clients and counting, and our massive success can be attributed to a number of unique factors: we personally handle all claims and do not shunt them over to legal assistants and paralegals as is often seen in most law firms, we work with a team of world-renowned experts to ensure medical evidence, accident reports, forensic evidence all show a clear pattern of negligence on the part of the perpetrator or defendant leaving no room for doubt by the defense legal team, and we ensure to work closely with our injured clients to update them on their case on a regular basis, fostering a culture of openness and client trust.

In addition, we are not afraid to litigate claims should we believe that, based on insurance company negotiations carried out in bad faith, and your injuries may have long-term financial consequences, as more often than not, litigating a claim successfully ends in the plaintiff being awarded the maximum allowable compensation by law. In addition to running a bilingual firm (hablamos Español), we also take on all cases on a contingency fee basis, and what this means is that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf.

If you or a loved one got injured in an auto accident, slip and fall, nursing home abuse or any other circumstances you believe were caused by negligence, please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Procedural vs. Substantive Justice in Relation to Personal Injury Claims

Let’s take a look at the two pillars of justice that surround all civil claims:

1. Procedural Justice (Fair Process) – This refers to the fairness of the processes by which decisions are made and disputes are resolved. Procedural justice prioritizes the rules, steps and adherence to formal procedures. This aspect of the law ensures that there is transparency, impartiality, and consistency when it comes to applying rules as well as adhering to rules of evidence, due process and the application of proper discovery procedures. At its core, procedural justice is meant to ensure that the legal journey is equitable and that everyone plays by the same rules.
2. Substantive Justice (Fair Outcome) – This refers to the fairness and correctness of the outcome itself, and whether the result is congruent with what is morally right or is proportionate to the harm suffered. This usually involves ensuring that the responsible party is held accountable, ensuring that the resolution is morally satisfying, and that the compensation reflects damages in a manner that is proportionate. At the end of the day, substantive justice is all about ensuring that the right decision is reached and that justice is served.

The problem here arises when the following of strict procedural rules impedes the revelation of the truth with regard to due legal process, which in turn results in an outcome that feels unfair to you, the injured party.

Examples of How Procedural Rules Can Overshadow Substantive Justice

These procedural rules, while serving a vital purpose of ensuring fairness and efficiency, can lead to the creation of barriers that impede your pursuit of a just outcome. For instance, during discovery, the defense counsel may request copious amounts of documentation and comb through your life in a manner that may seem excessive or intrusive, something that can create an undue amount of stress and worsen your health particularly if you are recovering from a serious injury, which may in the end lead you to accept a lower settlement just to end the discovery torture you’re being put through, even if your case is highly meritorious.

On the flipside, the defense team may strategically delay or obfuscate the production of vital documents such as maintenance logs and internal incident reports that would prove they were negligent. While procedural justice may allow as long as there is a valid reason, filing motions to compel discovery may translate to using more legal resources, as well as consume time that you may not have. If you have limited patience or are running out of resources, substantive justice may not be achieved, as you may simply be tempted to give up, thereby weakening your case and receiving a lower settlement.

Lastly, another way in which procedural and substantive justice clash is when there is a statute of limitations that may not be known by the claimant, who may either prioritize their healing or have delayed-onset symptoms that only reveal themselves once the statute runs out. Therefore, even if the negligence is apparent and your injuries clear, failing to file within the statutory period may rob you of substantive justice since your claim may have expired as you filed outside the statute of limitations period.

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While all these scenarios seem unfair, McCready Law is here to carry out extensive investigations, use alternative dispute resolution, or ADR such as mediation or arbitration, as well as challenge any unjust rulings via the filing of motions for consideration among other tactics for the end goal of ensuring you recover the compensation you deserve.

Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation if you were injured due to the negligent actions of another individual or corporation. Remember, we serve clients nationwide and our first consultation is 100% FREE. Thanks for choosing us, and we look forward to helping you.