Personal Injury FAQ
• What is a personal injury lawsuit?
• What are some examples of personal injury claims?
• What types of compensation can be awarded in a personal injury lawsuit?
• How much is my case worth?
• What do I need to prove before I can file a personal injury lawsuit?
• What is the statute of limitations for my case?
• Can I pursue my case on my own?
• What will it cost me to file a personal injury lawsuit?
• What should I do if I want to file a personal injury lawsuit?
What is a personal injury lawsuit?
If another person's (or corporation's) negligence or recklessness has caused you harm, you may be eligible to file a personal injury lawsuit to seek compensation for the damages you have suffered. Personal injury claims, also known as “tort” claims, follow specific provisions established by the state in which you reside. However, most states follow the same guidelines for personal injury lawsuits.
What are some examples of personal injury claims?
Although the focus of a personal injury lawsuit can vary widely, common foundations for these claims include (but are not limited to):
• aircraft or railroad accidents
• auto accidents
• birth injuries
• brain injuries (including traumatic brain injury or cerebral palsy)
• bus accidents
• defective products or drugs
• exposure to toxins (such as asbestos or benzene)
• medical malpractice
• motorcycle accidents
• product liability (in which an unsafe product has injured or killed an individual)
• recalled or harmful medications
• slip and fall accidents
• trucking accidents
• workplace injuries
• wrongful death cases
What types of compensation can be awarded in a personal injury lawsuit?
There are a number of economic and non-economic damages that may be awarded in a personal injury lawsuit, including:
• emotional pain and suffering
• lost wages
• lost earning capacity (i.e. an inability to work in the future due to injuries)
• medical bills
• necessary ongoing treatments
All damages include present and future expected losses. You may also be eligible to recover punitive damages if you can prove the defendant's conduct was intentional or malicious.
How much is my case worth?
Compensation for personal injury claims will depend on:
• the cost of your current medical bills and necessary ongoing treatments
• the severity and type of the injury (or whether a victim has died)
• whether you are able to earn a living after being injured
• settlements awarded in cases similar to yours
• whether your condition is curable
• whether your injury was caused by intentional harm or malice (rather than simply negligence)
Those with severe, incurable injuries that prevent them from working and were caused by intentional malice will likely recover higher compensation amounts.
What do I need to prove before I can file a personal injury lawsuit?
In all personal injury lawsuits, the burden of proof falls on the plaintiff. This means that you must prove by a preponderance of evidence that your injuries were a direct result of the defendant's negligent actions.
If you can prove the extent of the injuries suffered, you can be awarded compensation for your losses. In most cases, a qualified personal injury attorney will appoint medical professionals, as well as other expert witnesses, to testify on your behalf and prove your claim.
What is the statute of limitations for my case?
A statute of limitations limits the amount of time a victim has to file a personal injury lawsuit. Statutes of limitations for personal injury cases vary from state to state.
In many states, the time limit begins immediately after the injury occurs. However, there are exceptions to the statute. Contact a personal injury attorney to find out the laws in your state.
Can I pursue my case on my own?
Injured plaintiffs don't need the help of a personal injury lawyer to pursue their claim – however, they are far more likely to win higher settlements if they work with attorneys, as these professionals have:
• intimate knowledge of the legal system
• experience negotiating with corporate lawyers
• connections with experts and other court officials who can facilitate and help prove your case
• an understanding of the various claims and possible damages for which you may seek compensation
What will it cost me to file a personal injury lawsuit?
Most personal injury lawyers work on contingency, meaning that you will not have to pay legal fees until (or unless) your case is settled. Once a settlement is reached, attorneys typically take a percentage of the award to cover the costs of legal services.
What should I do if I want to file a personal injury lawsuit?
If you or a loved one has suffered a serious personal injury due to the negligence or wrongdoing of another party, it is important to seek the help of an experienced personal injury attorney who will protect your legal rights and maximize your interests. Please contact us today to speak to a qualified personal injury lawyer FREE OF CHARGE.
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