Frequently Asked Questions
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 events resulting in personal injury:
- Truck or Car Accidents
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation Disasters
- Professional or Medical Malpractice
- Construction Accidents
- Wrongful Death
- Toxic Exposure
- Home Accidents
- Dog Bites
- Explosions
- Burns
- Sexual Abuse
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
*Note: Some damages are now capped as a matter of law, limiting your recovery in medical malpractice cases.
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 or a combination of both. 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. Many times sophisticated claims handlers working for the wrongdoer or its insurance company will try to appease a victim by an early offer of settlement or resolution, which will most likely be far less than the victim is entitled to receive.
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. There are also formal notice requirements if the wrongdoer is a governmental entity.
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 vary from 33% to 40% based on the difficulty in handling, expense and complexity of the case.
If I have a personal injury claim do I have to go to court?
Many personal injury cases are settled out of court between opposing lawyers or by the insurance company. However, we prepare each case as if it is going to trial. 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. Many times you must give formal written notice of an injury within three to six months, such as when the defendant is a school or government entity.
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 six months 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 30 months to settle depending on its complexity.