What is a Personal Injury? Personal injury law, or tort law, protects the rights of victims of negligence, recklessness, malpractice, and the inaction of others. 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: Wrongful Death Workers Compensation Auto Accidents Professional Malpractice Product Injuries Toxic Exposure Aviation Disasters Home Accidents Dog Bites 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, physically or emotionally. 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. What if the accident is partly my fault? Can I still have a claim? Even if an accident of injury was partially your fault you still may have a Claim based on the concept of Comparative Negligence or Contributory Negligence. The term "contributory negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered. "Contributory negligence" can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor. Some states have done away with the concept of contributory negligence altogether and instead use the concept of "comparative negligence. The term "comparative negligence: means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused". If you’re injured by the negligent action of another, but you contributed to the accident by your
failure to exercise reasonably prudent care, you’re guilty of contributory negligence. You may also be guilty of a form of contributory negligence if you voluntarily expose yourself to danger - by riding a roller coaster without wearing a seat belt, or working with a neighbor’s power saw or other dangerous tool if you’re inexperienced or fail to use a safety guard. This is called assumption of risk.
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 you should speak with an expreienced personal injury attorney as soon as possible, before giving any statements or signing any papers of any kind. 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’s 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. My insurance agent says I can handle the case myself without a lawyer. Is this a good idea? Our office offers a free consultation so you will be able to speak with an attorney without being under any obligation to hire. Keep in mind that insurance companies do not work for you. They rarely help you figure out your legal rights, and may not fully understand them. They rarely give you a fair assessment of the value of your case. If your injuries are significant, there are several reasons why a good lawyer can help you. When you hire a lawyer who is willing to take a case to trial, value is added to your case in a number of ways. A good lawyer will seek every category of damages that applies to your case, and find ways to support those damages with evidence that will be admissible in court. The threat of trial itself adds to your bargaining power. Make no mistake: the insurance company knows that it's almost impossible to take a case to trial on your own. How much do you charge for a personal injury case? We charge on a contingency fee basis, meaning that you will not pay us anything unless there is a settlement or a winning verdict at trial. Typically, when we win your case, our fee is one-third or 33.3% of the total recovery, in addition to "case costs."
Can I talk to you about my case for free? Yes, our office offers free consultations. If you want to talk to one of our lawyers about a case, just call on the phone and ask. After you have answered a few basic questions with one of our staff members, we will be happy to discuss your case for free on the telephone, in our office, or at another location if you need us to. What are case costs? Case costs are money that we pay out to others in order to get your case ready for trial. Examples would be the filing fee required by the court and expenses for depositions and experts. Case costs vary depending on the complexity of the case, but we always have an up-to-date balance available if you want it. Remember that if we do not recover anything for you, you do not have to pay back the case costs to us. This is not true of all law firms, so make sure you understand what other firms might propose to you. Of course, we will be happy to answer any of your questions about fees or costs before you decide to hire us. How much is my case worth, and will you guarantee success? The "value" of your case depends on many factors, such as the extent of your injury, the amount of your medical bills, and your condition after you have finished treating. The calculation also involves the ability of the other party to pay a judgment, and whether you played any role in causing the accident. We will not take your case unless we think it has a good chance of success. Even so, there are no guarantees. All we can do is give you a fair assessment of the outcome of your case based on our experience, the injury itself, and what jury verdicts have been achieved in cases similar to yours If you take my case, what will I have to do? If you hire us to be your lawyers, you will be a significant part of your case team. We will ask you to help us gather the information that we will use to support your case. Just as we will keep you informed about your case, you will need to keep us informed about your medical treatment and your physical limitations. After we file the lawsuit, you will have to answer written questions called interrogatories and sit for a questionand-answer period with the opposing lawyer called a "deposition." (Of course, we'll prepare you first, find a time that is convenient for you, and sit next to you during the deposition). You may have to be evaluated by other doctors. If your case does not settle, you will have to be present for the trial. How long will it take? Even though many cases settle before trial, this does not usually happen until both sides have prepared the case. Generally, lawsuits take about two years from filing to trial. This can vary significantly in either direction based on the complexity of your case, the congestion of court dockets, and other factors.
Our advice to our clients? Be patient. We are always willing to tell you exactly what is happening with your case. In the meantime, you have to trust that we are working hard for you.
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 is the Statute 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. What is negligence? It’s the commission of a civil wrong, a tort, that accidentally causes injury to somebody by reason of failure to perform an expected duty with the care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance. Negligence is any conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. Negligence is also the name of a cause of action in the law of torts. To establish negligence, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant's negligent conduct was the cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged.
How do I Prove Negligence? The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's tortious actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions but be found liable in a civil lawsuit stemming from the same actions. What if I've been injured in an automobile accident? When a motor vehicle is in an accident, it is important that certain action is taken. The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained and license plate number of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident. If there has been any type of injury, the police should be called to investigate the accident. The police officer will write a report, which includes the details of the accident and the nature and extent of any damages and injuries. Insurance companies will require that a report of the accident be obtained before providing any benefits. It is most important to immediately contact your own motor vehicle insurance company to report to them any property damage or personal injury. If you or a family member is injured in a motor vehicle accident, prompt medical attention should be obtained. If you are seriously injured as a result of someone else's negligence, you should not talk to any representative of the negligent driver or owner's insurance company until you have sought the advice of your own attorney. What should I do if Ive been injured in a slip & fall accident? Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. This would include slip and fall type cases, which are generally known as premise liability cases. The owner or possessor of a residence, land, or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises. This would include those who, as members of the public, come upon the land or enter a store or place of business to shop or do business. In such cases, the owner, company, or person occupying the premises must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon the premises. Additionally, the property owner or possessor has a duty to exercise ordinary care in maintaining his or her premises in a reasonably safe condition in order to prevent injury to persons on the property. Furthermore, owners or possessors of land or buildings must take reasonable measures after an accumulation of snow and ice to diminish the hazard of injuries to others. Landowners may also be responsible for injuries occurring as a result of poorly maintained or poorly lit common areas of a building such as stairways, sidewalks, and halls. Likewise, homeowners may be liable for injuries that occur in their homes or yards if such injury results from a condition that presents an unreasonable risk of harm to those who have permission to be upon
the premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including, loss of income, medical expenses, pain and suffering, etc. If you are injured upon someone else's property, you should consult an experienced personal injury attorney who will be able to analyze your case and the principles of law concerning premises liability. You should not give an interview to insurance adjusters of investigators hired by insurance companies until you have consulted with an attorney. How do I notify the person who injured me that I want to file a lawsuit? To be able to file a lawsuit you must formally notify every party involved in the lawsuit, through the use of a summons. The summons is usually delivered in person or served to the individual being sued or household member, by a sheriff or process server. The summons will notify the person who is being sued what they must then do to protect their rights and the deadlines by which they have to file their answer to the complaint, which tells the person why the action was brought against them and what the demands are.