Personal Injury FAQ
What is personal injury law?
In order to win a personal injury case, the plaintiff (the person who was injured) must prove that the defendant (the person or entity who caused the injury) owed them a duty of care, breached that duty of care, and that the breach of duty caused the plaintiff’s injury.
Duty of care
A duty of care is a legal obligation to act in a way that avoids causing harm to others. For example, drivers have a duty of care to other drivers, pedestrians, and cyclists to operate their vehicles safely. Businesses have a duty of care to their customers to maintain their premises in a safe condition. And doctors have a duty of care to their patients to provide them with competent medical care.
Breach of duty
A breach of duty occurs when someone fails to act in accordance with their duty of care. For example, a driver who breaches their duty of care may do so by speeding, driving while intoxicated, or failing to yield to a pedestrian. A business that breaches its duty of care may do so by failing to clean up a spill on the floor or by failing to repair a broken railing. And a doctor who breaches their duty of care may do so by misdiagnosing a patient or by performing a surgery incorrectly.
Causation
Causation means that the defendant’s breach of duty caused the plaintiff’s injury. In some cases, causation is clear and straightforward. For example, if a driver rear-ends another driver, it is clear that the rear-ending driver’s breach of duty caused the other driver’s injuries. In other cases, causation is more complex and may require expert testimony to establish.
Types of damages in personal injury cases
If the plaintiff is successful in proving duty of care, breach of duty, and causation, they may be awarded a variety of damages, including:
- Medical expenses: This includes the cost of past, present, and future medical treatment, such as hospital stays, doctor’s visits, prescription drugs, and physical therapy.
- Lost wages: This includes the plaintiff’s lost earnings from the time of the injury to the present time, as well as the projected loss of future earnings.
- Pain and suffering: This includes compensation for the plaintiff’s physical and emotional pain and suffering as a result of the injury.
- Property damage: This includes compensation for the plaintiff’s damaged property, such as their car or clothing.
How to file a personal injury claim
If you have been injured in an accident, you may be able to file a personal injury claim. To do so, you should contact an experienced personal injury lawyer. Your lawyer can help you investigate the accident, gather evidence, and file the necessary legal paperwork.
Personal injury cases can be complex, and it is important to have an experienced lawyer on your side. A good personal injury lawyer can help you get the compensation you deserve for your injuries.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
What are the different types of personal injury cases?
- Car accidents: Car accidents are one of the leading causes of personal injury in the United States. Car accidents can be caused by a variety of factors, such as distracted driving, drunk driving, and speeding.
- Slip and falls: Slip and fall accidents can occur on any type of property, but they are most common in businesses and other public places. Slip and falls can be caused by a variety of hazards, such as wet floors, uneven surfaces, and inadequate lighting.
- Product defects: Product defects can occur in any type of product, from food and beverages to toys and machinery. Product defects can cause a variety of injuries, including burns, cuts, poisoning, and electrocution.
- Medical malpractice: Medical malpractice occurs when a healthcare professional fails to provide a patient with the standard of care that is expected of them. Medical malpractice can lead to a variety of injuries, including wrongful death.
- Workplace accidents: Workplace accidents can occur in any type of industry, but they are most common in construction, manufacturing, and transportation. Workplace accidents can be caused by a variety of factors, such as unsafe working conditions, defective equipment, and negligence by coworkers or supervisors.
Other common types of personal injury cases include:
- Dog bites: Dog bites are a serious public health problem in the United States. Dog bites can cause a variety of injuries, including infection, disfigurement, and even death.
- Premises liability: Premises liability cases arise when a person is injured on the property of another person or entity. Premises liability cases can be caused by a variety of hazards, such as slip and falls, falling objects, and inadequate security.
- Wrongful death: Wrongful death cases arise when a person dies as a result of the negligence or wrongful conduct of another person or entity. Wrongful death cases can be filed by the surviving spouse, children, and parents of the deceased.
If you have been injured in an accident, it is important to contact an experienced personal injury lawyer to discuss your legal options. A personal injury lawyer can help you determine whether you have a valid case and can represent you in negotiations with the insurance company or in court.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
What should I do after a personal injury accident?
If you are involved in a personal injury accident, it is important to take certain steps to protect your legal rights and interests. Here are some of the things you should do:
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Seek medical attention immediately. Even if you do not feel injured, it is important to see a doctor to get checked out. Some injuries may not be immediately apparent, and early treatment can help to minimize the long-term effects of the injury.
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Exchange contact information with the other parties involved in the accident. This includes getting their name, address, phone number, insurance information, and license plate number.
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Report the accident to the police. This is especially important if the accident was caused by negligence or criminal activity. The police report will document the accident and may be helpful if you need to file a personal injury claim.
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Gather evidence. This may include taking photos and videos of the accident scene, collecting witness statements, and obtaining medical records.
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Contact an experienced personal injury lawyer. An attorney can help you to understand your legal rights and options, and can represent you in negotiations with the insurance company or in court.
Here are some additional tips for what to do after a personal injury accident:
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Do not admit fault. Even if you think you may have been partially at fault for the accident, do not say or do anything that could be construed as an admission of fault. This could prejudice your ability to recover compensation.
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Be honest with your doctor and lawyer. It is important to be honest with your doctor and lawyer about the accident and your injuries. This will help them to provide you with the best possible care and advice.
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Keep a record of your expenses. This includes the cost of medical treatment, lost wages, and other expenses related to the accident. This information will be helpful if you need to file a personal injury claim.
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Be patient. It can take time to resolve a personal injury claim. Be patient and work with your lawyer to ensure that you receive the compensation you deserve.
If you have been injured in an accident, it is important to remember that you are not alone. There are people who can help you through this difficult time. By taking the steps outlined above, you can protect your legal rights and interests and get the compensation you need to recover.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
How much is my personal injury case worth?
Here are some of the key factors that insurance companies and lawyers consider when evaluating the value of a personal injury case:
- Severity of injuries: The more serious the injuries are, the more valuable the case is likely to be. Serious injuries may include broken bones, brain injuries, and spinal cord injuries.
- Amount of medical expenses and lost wages: The amount of medical expenses and lost wages incurred by the victim is also a major factor in determining the value of a case. High medical expenses and lost wages can indicate that the victim has suffered serious injuries and has lost a significant amount of income.
- Pain and suffering: Pain and suffering is a non-economic damage that compensates the victim for the physical and emotional pain they have experienced as a result of their injuries. The amount of pain and suffering awarded in a personal injury case can vary depending on the severity of the injuries, the duration of the pain and suffering, and the impact on the victim’s life.
- Liability of the defendant: The liability of the defendant is another important factor in determining the value of a case. If the defendant is clearly liable for the accident, the case is more likely to be worth a significant amount of money. If the defendant is less liable, or if there are other parties who are also liable, the case may be worth less.
- Strength of the plaintiff’s case: The strength of the plaintiff’s case also affects its value. If the plaintiff has a strong case, with clear evidence of liability and damages, the case is more likely to be worth a significant amount of money. If the plaintiff’s case is weaker, the case may be worth less.
- Jurisdiction: The jurisdiction where the case is filed can also affect its value. Some jurisdictions have higher awards for pain and suffering than others. Additionally, some jurisdictions are more likely to find defendants liable than others.
It is important to note that there is no one-size-fits-all answer to the question of how much a personal injury case is worth. The value of a case depends on the specific facts and circumstances of the case. If you have been injured in an accident, it is important to consult with an experienced personal injury lawyer to discuss the value of your case.
Here are some tips for getting the most value out of your personal injury case:
- Gather evidence. The more evidence you have to support your case, the more likely you are to get a fair settlement or verdict. Evidence may include medical records, police reports, witness statements, and photos and videos of the accident scene.
- Work with an experienced lawyer. A personal injury lawyer can help you to gather evidence, build a strong case, and negotiate with the insurance company. A good lawyer can also represent you in court if necessary.
- Be realistic about your expectations. It is important to have realistic expectations about the value of your case. Keep in mind that insurance companies are businesses, and they are not motivated to pay out more money than they must.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
How long does a personal injury claim take?
The time it takes for a personal injury claim to resolve can vary depending on several factors, including:
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The severity of your injuries
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The complexity of your case
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The willingness of the defendant to settle
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The backlog of cases in the court system
In general, however, most personal injury claims take between 12 and 18 months to resolve. Some cases may settle more quickly, while others may take several years to go to trial.
Here is a general overview of the steps involved in a personal injury claim:
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Investigation: Your attorney will begin by investigating the accident to determine who was at fault and the extent of your injuries. This may involve gathering witness statements, police reports, medical records, and other evidence.
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Demand letter: Once your attorney has completed their investigation, they will send a demand letter to the defendant’s insurance company. This letter will outline your injuries and damages, and make a demand for a settlement.
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Settlement negotiations: If the defendant’s insurance company is willing to settle, your attorney will begin negotiating on your behalf. This process can be lengthy, as the insurance company will try to minimize the amount they pay you.
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Litigation: If settlement negotiations fail, your attorney will file a claim with the court. This will begin the litigation process, which can take several years to complete.
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Trial: If the case is not settled before trial, your attorney will present your case to a judge or jury. The judge or jury will then decide whether the defendant is liable for your injuries, and if so, how much compensation you should be awarded.
Factors that can affect the length of a personal injury claim:
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The severity of your injuries: If you have suffered serious injuries, it will take longer for you to recover and for your medical bills to accumulate. This can delay the resolution of your case.
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The complexity of your case: If your case is complex, such as if there are multiple defendants or if there are difficult legal issues involved, it will take longer to resolve.
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The willingness of the defendant to settle: If the defendant is willing to settle quickly, your case can be resolved more quickly. However, if the defendant is unwilling to settle, your case may go to trial, which can take several years.
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The backlog of cases in the court system: The backlog of cases in the court system can also affect the length of your claim. If there is a large backlog of cases, it may take longer for your case to be scheduled for trial.
If you have been injured in an accident, it is important to consult with an experienced personal injury attorney to discuss your case. An attorney can help you understand your legal rights and options, and can work to resolve your case as quickly and efficiently as possible.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.