FAQs About Personal Injury Law

The first thing that you should do is make sure that all those involved are okay and receive the proper medical attention. After that, you need to gather as much information and documentation as possible. Take photos of the area where the injury occurred, take photos of your injuries, keep all medical records related to your injuries, write down what happened from your perspective while it is still fresh in your head, make a list of witnesses, gather their contact information, and consult with a lawyer.

When you hire a personal injury attorney they start working to investigate your claim immediately. They will research records and reports, or conduct interviews to put together a strong compensation claim. Then the process of drafting a demand letter begins. The demand letter gets sent to the opposing parties' insurance company and includes what happened, why they are responsible, and the compensation claim. From there, the insurance company can send counter offers that can lead to a settlement. However, the insurance company can also contest claims, and turn it into a lawsuit. From there the case can be brought to court, but most personal injury cases are solved outside of court.

Personal injury cases allow you to recover compensation for many things including property loss, lost wages, pain & suffering, medical expenses, and punitive damages. The amount of compensation that you may be eligible for will be based on a variety of factors including what types of compensation you may be eligible for, how your actions played a role in the injury, and how well you can prove the other party is liable.

A personal injury attorney can help you by representing your interests. They will help you settle your case or build the necessary evidence for you to succeed in court. By hiring a personal injury lawyer you better your chances of receiving compensation as they can negotiate better settlement offers. Lastly, personal injury lawyers are educated in law, they deal with paperwork, catch nuances, and save you time and stress when fighting for your case.

A personal injury is when a person is harmed because of someone else's act or failure to act. A successful personal injury case would end in the person who suffered the injury being compensated by the person who caused the injury. To win, the injury needs to be proved as neglect, reckless behavior, or an action covered by strict liability. Common personal injury cases are caused by auto accidents, ice slips and falls, medical malpractice, and more.

It may be necessary to go to court to obtain the maximum payout for your injuries, but you do not have to. In fact, most cases are settled outside of court and do not go to trial. You may have to give a deposition under oath, but even this is sometimes done in an office with the lawyers and a court reporter present.

The longevity of your case will depend on the complexity and specifics of your case. It is common for personal injury cases to get dragged out for a while. Things such as you still recovering from your injuries, multiple parties involved, and large sums of money involved can lead to prolonged cases.

There are statutes of limitations when it comes to filing personal injury claims.  The type of case you are filing determines how long you have to file. For example, worker’s compensation claims have a time limit of 3 years from the time of the accident, or the injury was discovered. 

This is a personal decision. Personal injury claims can get dragged out for years potentially. Accepting the insurance’s settlement offer allows you to hasten the entire process and get you paid faster. Keep in mind that insurance companies are businesses. They want to minimize how much they must pay out. So, a settlement offer may not be the maximum compensation that you could otherwise receive.

Lawyers work on a contingency basis, this means that they will not be paid until the case is resolved and there is a positive monetary outcome. The average contingency fee they receive from their services is 33%-40% of the settlement or judgment. Your lawyer may deduct other fees from the settlement or judgment including court fees, investigation fees, or other deductions. It's important to know what fees will be deducted from your settlement before choosing a lawyer.