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.
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.
At Bagby Law, your initial free consultation is private and confidential. We may even be able come to you to discuss your matter and perform a free case evaluation.