If you have been seriously injured in an accident, you may be overwhelmed, confused and in pain. In addition, you may be wondering whether or not you really need an attorney. You are not required to have an attorney in order to obtain compensation; however, having an experienced and knowledgeable lawyer at your side can have a significant impact on the amount of compensation you will receive. Statistically, an individual is half as likely to recover the compensation he or she is due without the assistance of an attorney. Many insurance companies will attempt to take advantage of those attempting to recover their own compensation. They may use tactics against you to deny your claim or delay your compensation until you are truly desperate. If you have any questions involving your claim or whether or not an attorney is needed, discuss your case with a knowledgeable law firm as soon as possible.
Negligence is one of the most important aspects of a personal injury case. In fact, it is what an entire claim is based on. Negligence is what causes the accident you were injured in in the first place. A person can be is negligent when he fails to act in a way that a reasonably careful person would act in the same situation. In the legal field, proving negligence has four aspects. First, the individual accused of negligence must have owed the injured individual a duty of care. Second, they must have violated that duty. Third, that breach directly caused the injury. Fourth and finally, that the damage from the injury is provable. If all four elements are met, an individual may be accused of negligence.
Statute of Limitations – If you have been injured as a result of someone’s negligence, you must pursue legal action within a certain time period. If you do not, the law may restrict your ability to file a lawsuit. This rule is called the Statute of Limitations. The Statute of Limitations is a law which places a time limit on the ability for someone to pursue a legal remedy (i.e. file a lawsuit). After the time limit expires, and unless an exception applies, a person loses the right to file a lawsuit. However, there are exceptions to the Statute of Limitations. In certain circumstances, an exception may allow a person to file a lawsuit after the Statute of Limitations has passed. A lawyer is trained to look for these exceptions and can sometimes help a person file a lawsuit even though the Statute of Limitations has expired. The statute of limitations is different for different areas of law and in different states. See our guides to the Statute of Limitations in Colorado and Statute of Limitations in Texas.
Typically, a claim is filed with an insurance company in an attempt to obtain a reasonable settlement for the injuries and losses sustained by an injured person because of the negligence of another person or company. A lawsuit is a legal action filed before the court that seeks compensation from the individual, corporation, government agency, or insurance company that caused your injuries and damages. Discuss your case with a knowledgeable attorney to determine the best option for your situation.
There is no charge for our time unless your personal injury case is concluded successfully. We are dedicated to our clients and will do everything in our power to help ensure you receive a successful verdict. While every case has its unique circumstances, our attorneys are confident that they have the skill and know-how to secure the compensation your injuries demand. The costs of an exceptional personal injury pale in comparison to the overwhelming hardships you would have to endure without adequate compensation. With our firm you owe us nothing should our handling of your case not be successful.
In a personal injury claim, the two most common forms of damages that you will be able to recover are called compensatory and punitive damages. Naturally, the type of damages that you can receive will depend entirely on the situation and the type of accident that you were injured in. Compensatory or actual damages are, as the name indicates, a payment made to compensate for the loss or damage that was suffered. If, for example, you were injured in a car accident and had to pay for a hospital stay and physical therapy as a result, you can be compensated for those payments. Punitive damages, on the other hand, are made in response to willful and wanton act. It is a punishment or deterrence to try to keep the individual or others from repeating the act. This payment will be made in addition to the compensatory damages. These types of damages are much more difficult to determine and can include fraud, malice, bad faith, recklessness, and wanton violence. This is a controversial topic in tort law and is often hard to nail down. In most cases, it will be difficult to receive punitive damages on top of actual damages as the attitude behind a particular action can be hard to prove. However, if you intend to seek such recompense, it is best to do so with the aid of an attorney who has experience with a wide range of personal injury suits.
When you try to reach a settlement for your personal injury case, you are essentially making an agreement before going to trial. This is done when one party, either the defendant or the insurance company, offers a certain monetary payment in hopes of avoiding going to court. Reaching a settlement can be beneficial in some situations. However, you must be wary of individuals and insurance companies that are trying to lowball you. If you are not sure if the settlement that is offered to you is appropriate, you should hire an attorney. A legal professional will be able to help you determine whether or not you would receive full coverage by accepting their offer.
One of the most important things a person can do if a loved one has been the victim of medical malpractice is document the injury. This means more than just collecting the medical records. Medical records do not tell the story of what a person and their family is going through as a result of medical negligence. Instead collect and save voicemails from friends and family calling to give you their sympathy and condolences, record the daily pain and suffering experienced by both the victim and their family in a journal, and take pictures of the injured person both in the medical facility and at home. They say a picture is worth a thousand words, and in medical negligence this is especially true. Also, as soon as practically possible, record all your memories of what the doctors, nurses, and health care professionals said. In addition, if you believe that a person is being neglected or is the victim of negligence in a health care facility, put a hidden camera up in their room.
Workers’ compensation claims can only be filed against your employer and must have been injured while “on the job.” Personal injury claims, however, can be filed against any negligent person, other than your employer.
Most car accidents are caused by reckless or negligent drivers. Reckless drivers place everyone on the road in danger by weaving in and out of traffic, speeding or causing terrible injuries or fatalities in a drunk driving accident. When a driver speeds or drives recklessly, all those sharing the streets or highways are put in serious danger. Car accidents can also be the result of a defective safety system or other component, or a serious design flaw or manufacturing defect in your vehicle. In those cases, the injured victim can seek compensation from the car manufacturer or other liable party. In car accident cases, the attorney has the job of determining who should be held accountable for the accident and to ensure that the liable individual compensates their client fully.