FAQ: The Essentials of Personal Injury Cases
What is a personal injury case?
When a person is injured due to someone else’s negligence, it may make sense for them to take legal action. Personal injury cases are one of the most prevalent types of cases seen in civil court. When a person is injured in an accident and decides to take action, there are two tracts in which they can choose from. A personal injury claim with the insurance company involves negotiating a settlement with an insurance adjuster. A personal injury lawsuit often can occur over an extended period of time and requires filing paperwork with the court and sometimes, involves a trial. It’s important to discuss with an attorney the appropriate strategy for you based on your specific situation.
What are the most common types of personal injury cases?
Some of the most common personal injury cases that people pursue include:
- Motor Vehicle Accidents
- Slip and Fall Accidents
- Premises Liability Accidents
- Product Liability
- Medical Malpractice
What damages could I be entitled to?
In order to pursue a personal injury case, you must have suffered damages in some way. Damages are a way of putting value to the losses (both physical and emotional) that you have experienced. Although there can be variations depending on where you live, damages involving personal injury cases may include:
- Medical Expenses
- Lost Wages for both past and future expenses
- Punitive Damages
- Wrongful Death
- Pain and Suffering
How do claimants afford attorneys if they are broke from the accident?
When you have lost everything from a personal injury, the idea of paying for an attorney can be impossible. Because of this, attorneys may work on a contingency basis. This allows for claimants to pursue personal injury claims or lawsuits without having to pay legal fees up front. Once your have obtained a settlement, your attorney will collect a fee that was agreed upon from the start.
How can I find a good attorney?
It’s important to put some time and effort into finding the right personal injury attorney. By finding an experienced attorney, you have the opportunity of obtaining an outcome in your favor:
- Research the attorney online
- Put together a list of questions in preparation for your consultation
- Ask people you know for recommendations
- Interview prospective attorneys
What is needed in order to have a personal injury case?
An attorney will review your case to ensure that you have the following elements:
- The negligent party had a duty of care
- They breached that duty of care
- As a result, the claimant was injured
- The claimant suffered damages as a result
How long do I have to take action?
The statute of limitations is the length of time you have to file a personal injury claim. Although the length of time can vary depending on where you live, in many states you have about two years. Depending on the situation, the clock can start running at various times. It’s important to note that the clock usually starts when you discover that you are injured.
If you have been injured in an accident, you will want to ensure that you take the appropriate steps to ensure that you are rightfully compensated. Contact an attorney for the legal assistance you deserve.
Posted on June 14, 2018 @ 8:16 pm