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What is
a Personal Injury?
A Personal
Injury is any physical or mental injury to a person as a
result of someone's negligence or harmful act. Sometimes
personal injury may be referred to as bodily injury.
Personal injuries can occur in a wide variety of ways. The
following are some of the most common accidents resulting in
personal injury:
-
Auto accidents
-
Dangerous or Defective
Product Injuries (Product Liability)
-
Aviation Disasters
-
Professional Malpractice
-
Workers Compensation
-
Wrongful Death
-
Toxic Exposure
-
Home Accidents
-
Dog Bites
What
financial compensation can I get in a personal injury claim?
Personal Injury
Victims are entitled to recover money damages for all losses
and expenses they incur as a result of an accident. The
damages may include the following:
-
Medical Bills
-
Lost Wages, including
Overtime
-
Pain & Suffering
-
Physical Disability
-
Disfigurement
-
Permanent Scars
-
Emotional Trauma
-
Mental Anguish
-
Loss of Enjoyment
-
Loss of Love & Affection
-
Embarrassment
-
Mental Disability
-
Property Damage
-
All out of pocket expenses
(transportation charges, house cleaning, grass cutting,
and others)
How do
I know if I have a Personal Injury claim?
To have a
personal injury case, you must be able to show that you have
been injured. This may be a physical injury or it may be an
emotional injury. In addition, you must be able to show that
someone else (the defendant) is at fault for your injury
under a negligence, strict liability or intentional
misconduct theory. In some cases, it may be necessary for
you to show that the other party is more at fault for the
injury than you are.
How do
I know if I may need an attorney?
If you have
been seriously injured or are unsure as to the outcome of
your injury, then an experienced personal injury attorney
should always be consulted before you give any statements or
sign any papers of any kind and as soon after your injury as
possible.
In a serious
injury case, you are better off hiring an attorney as soon
as possible. Most firms offer a free consultation with no
obligation therefore, you have nothing to lose by consulting
an attorney before you accept the insurance company offer.
There is a
statute of limitations that requires you to file suit within
a specific period of time, depending upon the circumstances
of your case, or else you will be prohibited from obtaining
any compensation for your injuries. An attorney will be able
to help you keep within the statute of limitations.
What is
a Contingency Fee?
A contingency
fee is a fee that is used by lawyers in most personal injury
cases. It is contingent when the fee is conditioned upon
your attorney's successfully resolution of your case. A
contingent fee is paid as a percentage of your monetary
recovery. A contingent fee is what is meant when you hear
“there is no fee unless there we recovery”. The client is
generally responsible for the out-of-pocket costs of
litigation. Contingency fees are usually one third of what
you win from the case.
If I
have a personal injury claim do I have to go to court?
Most personal
injury cases are settled out of court between opposing
lawyers or by the insurance company. If a case does go to
trial you most likely will have to appear so that your
testimony can be heard.
How
long do I have to make a claim for Personal Injuries?
Every state has
certain time limits, called "statutes of limitations," that
govern the period during which you must file a personal
injury lawsuit. In some states, for example, you may have as
little as one year to file a lawsuit from an automobile
accident. If you miss the statutory deadline for filing a
case, your case is thrown out of court.
What
are the Statutes of Limitations?
The statutes of
limitations are time frames in which you have to file a
lawsuit. When the statute of limitations expires on your
case, you simply don't have a case anymore. Statutes of
limitation differ not only from state to state, but also in
regard to the kinds of lawsuits involved. In some states the
statute of limitations for medical malpractice, suits
against governmental agencies, and wrongful death actions is
shorter than that for other types of personal injury cases.
In general, however, the statute of limitations for personal
injury cases is from one to three years, and the time begins
from the time of the accident. There are some exceptions and
an experienced lawyer can help you with them.
How
long will it take to settle my claim?
The time it
takes to settle a personal injury case depends on the
circumstances surrounding the case. The more complex the
case the longer it may take to settle. Many cases can take
anywhere from 3 to 18 months to settle depending on its
complexity. |