When it comes to personal injury claims, the legal system can be confusing and complex for many people. It’s not only important how your personal injury claim is handled, but equally important is the attorney you hire to handle it for you. Below are answers to some of the most frequently asked questions about personal injury law.
What is personal injury law?
Personal injury is a legal term for an injury you may have suffered either physically or emotionally as a result of negligence by another person. The most common types of personal injury claims are traffic accidents, work accidents, slip and fall accidents, defective products, and medical malpractice.
What kind of damages can I collect?
While laws vary from state to state, the general rule is that you may be eligible to collect damages for such things as past and future medical expenses, past and future lost wages, pain and suffering, permanent injury/disability, permanent disfigurement/scars, loss of earning capacity, paralysis, amputations, and other damages related to your injury.
Should I hire an attorney?
In most cases an individual cannot adequately represent themselves. Insurance companies hire experienced claims adjusters and attorneys to defeat or diminish your claim. Even if the other side wants to settle, you should hire a qualified personal injury attorney who can properly represent you. In many cases, the use of an attorney can actually help you receive more compensation then if you represent yourself, or settle the claim with the insurance company.
How are legal fees determined?
Generally most lawyers handle personal injury cases on a contingent basis. This means that if they don’t win your case they don’t get paid. If they do win your case, then a percentage of the money awarded to you will go toward your attorney’s fees, plus any expenses your attorney incurred handling your case.
How much is my personal injury case worth?
The simple answer to this question is that it depends. There are many factors that determine the value of a personal injury case. These factors include, but aren’t limited to: the seriousness of your injuries, the available insurance limits, and being able to identify who the potential defendant is.
What is the statute of limitations?
The statute of limitations is the period of time after your injury that you have to sue, or you will be forbidden by law from filing a claim or a lawsuit. This time limit varies from state to state, and your attorney should know what the statute of limitations is for your state. This is also why it is so important to consult with an attorney as soon after your injury as possible.
If you or someone you love suffers a serious injury such as
traumatic brain injury or
spinal cord injury as a result of another party's negligence, speaking with
personal injury lawyersis the first step in protecting your rights.