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Personal Injury Law – Q&A
Below, you will find answers to some of our firm’s most frequently asked questions about personal injury cases. If you still have more questions, do not hesitate to contact a personal injury lawyer from our office for further assistance. We offer a free consultation so that you can discuss the details of your case with us at no charge!
You have a personal injury case if you have suffered injuries to your person or property due to the negligent and unreasonable actions of another person, such in a car accident or in a slip and fall accident that was the responsibility of another to prevent or to inform you of the hazard.
Every state has a time limit to file personal injury lawsuits; these time limits are called statutes of limitations. After the limit has expired, you will be unable to claim damages or file a claim for damages for your injuries.
Are a claim and lawsuit the same thing?
A claim is filed by the injured party or on their behalf with an insurance company. This is likely to be the insurance company of the party responsible for the incident. The matter may be resolved if the compensation they give is favorable enough. Other times, it will not be adequate, and the matter can be taken to court. A settlement may be made out of court, or the case may go to trial. A lawsuit may offer a higher outcome but is a case-by-case scenario. In some situations, there is the possibility of taking out a lawsuit against a third party that could have shared responsibility for the accident.
Do I need a personal injury attorney?
Every personal injury case is different, and the circumstances often require careful evaluation to determine the severity. Many insurance companies’ primary goal is to minimize the damage to the company responsible for your injuries. Without the help of a lawyer, you may not obtain as much compensation as you could with the help of a skilled attorney.
How much will I be compensated for my injuries?
Many factors are considered in a personal injury case to assess and determine the compensation available to you. The severity of your injuries, damage to your property, the identity and record of the defendant, and many other factors will be considered.
This will, of course, be dependent on your specific case. In general, compensation is sought at the expense of an injury. This can include an initial hospital stay, later medical visits, physical therapy, any devices used to provide relief and assistance for an injury, lost wages and future wages for those unable to work, and even further pain and suffering in some cases. The scope of your injuries must be accurately stated in the case so that you are not given a settlement or verdict that later proves unsubstantial.
The insurance company wants to send someone to my house to write me a check and settle my case. Should I accept the money?
Every insurance company’s goal is to minimize liability and damage to their company. If an insurance company has offered to give you a check and close your case, chances are, they realize how serious your injuries are, and if the case is pursued further, you could end up with much more compensation than they want to give you. In this case, you shouldn’t accept the money and pursue a claim for more damages.
Can a family that loses a member from an accident do anything?
This is known as a wrongful death case and is something we have experienced. Many families are devastated when they lose a member to another person’s negligence. On top of that, they can be left with medical expenses and funeral costs. Others may have been dependent on the individual to provide income, such as a stay-at-home mother whose husband provided for them while she cared for the kids. These cases can be pursued, and many families can gain results successfully.