What is a Personal Injury?
A personal injury is a type of legal case that involves an individual being injured as the result of another person or entity’s negligence. This can include physical, emotional, and financial harm.
Personal injury cases often involve medical bills, lost wages, pain and suffering, and other damages resulting from the incident. In some cases, punitive damages may also be awarded.
What is the Personal Injury Claims Process?
The personal injury claims process involves the injured party or plaintiff, filing a claim against the responsible party, or defendant. The plaintiff typically files a complaint in court and serves it on the defendant.
The defendant then has the opportunity to respond to the complaint and request any relevant evidence. After this, both parties may engage in discovery procedures such as depositions and interrogatories. Finally, if an agreement cannot be reached, a trial may occur before a judge or jury.
What Should I Do After a Personal Injury?
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- Take photos of your injuries
- Visit a doctor
- Follow the care plan, and don't miss appointments
- Write everything down while it is fresh in your head
- Make a list of witnesses and get their contact information
- Follow additional instructions from your attorney
What Kinds of Damages Are Available in Personal Injury Cases?
The types of damages available in personal injury cases depend on the facts and circumstances of each case. Commonly available damages include economic losses such as medical bills and lost wages, as well as non-economic damages such as pain and suffering.
How Much is My Personal Injury Case Worth?
The value of a personal injury case depends on several factors, including the severity of the injuries, the amount of medical bills and lost wages that have been incurred, and any pain and suffering experienced by the injured party. An experienced attorney can help determine an appropriate settlement amount based on these factors. Punitive damages may be available in some cases.
What is Negligence?
Negligence is the failure to act with reasonable care or caution, resulting in harm or injury to another individual. For a negligent party to be held liable for damages, it must be shown that they had a duty of care towards the injured person, that this duty was breached, and that as a result of the breach, the injured person sustained damages.
Do I Even Have a Case?
Determining whether or not you have a personal injury case can be difficult, and it is important to seek the advice of an experienced attorney. Generally, to pursue a claim for damages in a personal injury case, you must demonstrate that the responsible party had a duty of care towards you, that this duty was breached, and that, as a result, you suffered damages.
How Long Will the Lawsuit Take?
The length of a personal injury lawsuit will depend on several factors, including the nature and complexity of the case, whether it goes to trial, and any settlement negotiations. Generally speaking, a lawsuit can take several months or years to conclude.
If any appeals are filed, that can further delay resolution. An experienced attorney can provide more information on the expected timeline for your specific case.
Will My Case Go to Trial?
Whether or not a personal injury case will go to trial depends on various factors. It is ultimately up to the parties involved in the case to decide whether they want to pursue a settlement or proceed with a trial.
If an agreement cannot be reached, then the case may go to trial. An experienced attorney can advise on the likelihood of a trial in your case.
What Questions Will Be Asked in A Deposition?
A deposition is a formal process where you will be asked questions by the defense attorney. Your lawyer and a court reporter will also be present to document the proceedings.
The topics that may be asked can include:
- General background information includes details about your work history, education, family, and other relevant aspects.
- Your health status before the incident.
- Information and details regarding the accident.
- The medical treatment you received for your injuries was effective.
- What is the impact of the accident on your life?
- Anything that could contradict or be used to minimize your claim.
What if I am Partially at Fault for the Accident?
In some cases, the injured person may be partially at fault for an accident. This is known as contributory or comparative negligence. Depending on the state, contributory negligence may prevent the injured person from recovering damages.
Consult an experienced attorney to determine how your state handles cases where the injured person is partially at fault.
How Long Does a Personal Injury Lawsuit Take to Settle?
The length of time it will take a personal injury lawsuit to settle will depend on a variety of factors, including the complexity of the case, any settlement negotiations that occur, and whether or not the case goes to trial.
Generally speaking, a personal injury lawsuit can take several months to multiple years before it is concluded. An experienced attorney can provide more information on the expected timeline for your specific case.
How Long Do I Have to File a Personal Injury Claim?
The amount of time you have to file a personal injury claim, known as the statute of limitations, will vary by state. Generally speaking, the statute of limitations for filing a personal injury claim is one to three years from the date of the accident or injury.
This period can vary, so it is important to consult with an experienced attorney to determine the applicable statute of limitations for your case.
How Much Does a Personal Injury Lawyer Cost?
The cost of a personal injury lawyer will depend on the complexity of the case, as well as any fees associated with filing a lawsuit and representing you in court.
Generally speaking, attorneys charge an hourly rate or may use contingency fees ranging from 33% to 44%, where they receive part of your settlement or verdict if you win your case.
Some lawyers may charge a flat fee for certain services, such as filing paperwork. An experienced attorney can provide more information on the expected costs associated with your case.
How Can a Personal Injury Attorney Help Me?
A personal injury attorney can provide invaluable help to those who have been injured in an accident.
An experienced attorney can help by investigating and gathering evidence related to your case, filing any necessary paperwork, negotiating with insurance companies, and representing you in court if needed.
Furthermore, a lawyer can guide you through the legal process, advise you on how best to pursue your claim and work to maximize your damages.
What Happens in a Personal Injury Lawsuit?
A personal injury lawsuit will begin when one party files a complaint against another. The complaint will outline the damages sought and allege that the defendant’s negligence or wrongful conduct caused the plaintiff’s injuries.
The defendant then has an opportunity to respond to the complaint, in which they may deny liability or file a counterclaim against the plaintiff. After this, the parties may engage in discovery, where evidence is exchanged and depositions are taken.
If a resolution cannot be reached through settlement or mediation, the case will go to trial, and a jury will decide on liability and damages.
What is the Average Settlement in a Personal Injury Case?
The average settlement in a personal injury case will depend on the particular facts and circumstances of the case.
Generally speaking, settlements vary widely depending on the severity of the injury, any medical expenses incurred, any lost wages stemming from the accident, and the type of legal action taken.
To get an estimate of what your settlement might be worth, consult with an experienced personal injury attorney.
How Do I Maximize my Personal Injury Settlement?
Maximizing your personal injury settlement requires a comprehensive understanding of the relevant laws and the legal process associated with your claim. It is important to research the applicable laws and ensure that you file your claim within the statute of limitations.
Gather as much evidence as possible about the accident, document any medical treatments you have received, and keep track of any lost wages.
Finally, settle the case only when it is in your best interest. An experienced attorney can assist with maximizing your settlement.
What is the Average Payout for Whiplash?
The average payout for whiplash depends on various factors, including the severity and duration of the injury, the amount of medical expenses associated with treatment, and any lost wages stemming from the accident.
Generally speaking, individuals who suffer from minor whiplash may receive a settlement between $2,000 and $10,000.
On the other hand, those with more severe injuries may receive up to $100,000.
Are Medical Bills Considered Pain and Suffering?
Pain and suffering and medical bills are different. Pain and suffering refer to the physical and emotional trauma of being injured. Medical bills cover the healthcare costs caused by your injury. The amount you can receive for your losses depends on your specific circumstances.
What is Fair Compensation for Pain and Suffering?
Fair compensation for pain and suffering is an amount awarded to an individual who has experienced physical or emotional distress due to the negligent actions of another person or entity. The amount awarded for these damages will vary greatly depending on the specific facts and circumstances of the case.
Generally speaking, courts will consider factors such as the severity of the injury, any medical expenses incurred, and any lost wages when determining the amount of compensation due for pain and suffering.
Can I File a Civil Lawsuit Without an Attorney?
Yes, it is possible to file a civil lawsuit without an attorney.
However, the process can be complicated and difficult to navigate without proper legal advice and guidance. Hiring an experienced personal injury attorney can help ensure you can properly present your case in court and have the best chance of recovering damages.
An attorney will also be able to advise you on any potential statutes of limitations or other legal issues related to your case.
Do I Need a Lawyer?
Without a lawyer – your chances of success in a personal injury case are greatly reduced. An experienced attorney can help ensure that you receive the compensation you deserve and protect your legal rights throughout the process. An attorney can also advise on filing deadlines, statutes of limitations, and any other legal issues related to your case.
The legal process is incredibly complicated and overwhelming for those who do not deal with it daily. While some claims are small enough to be handled without counsel, the majority of them should involve an experienced attorney to make sure you receive reasonable compensation.
Most personal injury law firms offer a free initial consultation, which means you have nothing to lose when consulting with them about your case.
What Should I Bring with Me for My First Meeting with A Lawyer?
Please bring all medical documents about your injuries, which will serve as evidence.
This will include:
- A copy of any police reports
- Any documentation from where you received treatment
- Bills
- Diagnosis paperwork
- Discharge instructions
- Receipts
If there were witnesses to your accident, gather their names and contact information.
After an auto accident, bring your insurance information and any documents received from all involved party’s insurance companies.
If you purchased any additional items, such as wheelchair ramps or crutches as a result of your injury, please remember to bring the receipts for those items as well.
What Can Be Anticipated During the Initial Meeting with A Personal Injury Lawyer?
The lawyer will need a comprehensive understanding of your case and injuries, so it will be essential to explain everything in detail.
Provide a comprehensive account of your injury, including the incident’s circumstances.
You will be asked to disclose any medical treatment you have undergone, the severity of your injuries, and any future healthcare requirements. The lawyer will also need to assess your medical and employment background, as well as any income lost due to your injuries.
Once there is a comprehensive understanding of the situation, the lawyer will explain the personal injury laws that pertain to you and the necessary steps to achieve the objectives of your case. They will also discuss the specific fees and expenses involved.
If you have been injured in the following states, Goldberg & Loren can help. With over 30 years of personal injury experience, we have been awarded over half a billion dollars in damages through settlements and verdicts, and we can help you get maximum compensation for any personal injury. Call us at 1-800-731-4878 or fill out the form for more information.
