Personal Injury FAQs
What exactly is a personal injury case?
The term "personal injury" covers a wide array of cases that can arise from many different circumstances. Most commonly, these include motor vehicle accidents, slip and fall injuries, and injuries sustained at work; however, anyone could have a claim for personal injury if they are harmed via the negligence of others or of a company or corporation.
In addition, a legal claim could arise if negligence results in something like the destruction of property, even if no injuries are sustained. If you would like to know if you have grounds for a case, contact a personal injury lawyer to find out.
What is negligence?
According to the law, each of us must behave with "reasonable care." The definition of reasonable care can vary a bit depending upon the state and the specific circumstances of the case. However, if someone does not act with the reasonable care required under the particular circumstances, there are grounds for a charge of negligence. It's vital that you understand this, because under most circumstances if you wish to receive compensation for your injuries, you (and your attorney) must prove that your injuries resulted from the negligence of someone else or of a business or corporation.
Do I have grounds for a personal injury case?
To determine whether you have a legitimate personal injury claim, you should consult with an attorney who specializes in personal injury cases. Circumstances will of course vary from case to case, but generally three things must be established in order to receive compensation in a personal injury case:
- that there were damages,
- that there was negligence on the defendant's part, and
- that this negligence was the cause of your damages.
If these three things are established, your attorney will still need to determine whether you can collect on your claim. In other words, if the other party lacks insurance or other assets for compensating you, then even a valid claim will be of little use to you.
How much might my personal injury case be worth?
The potential value of your claim depends upon a number of factors. Among these factors are:
- the type and extent of the damages,
- the financial impact of those damages from medical bills, lost wages, or property damage,
- any pain and suffering you may have experienced, and
- any disabilities that may have resulted.
There can still be large variations in the value of your claim depending upon the assets-including insurance-that the defendant may possess, whether or not you are partially at fault in the case, and the time you are willing to invest in litigation versus your need for a quick settlement.
Placing a value on your case is as much art as science, so no lawyer will be able to predict an exact value beforehand. But a personal injury lawyer with experience can assess all of the factors in your case and give you a general picture of its strengths and weaknesses.
So if I've been hurt in an accident, what should I do?
Of course, if you get hurt, you will immediately seek medical attention. But if you are interested in protecting your claim, do the best you can to create a record of your injuries and any other damages. For instance, be sure to file a police report as quickly as possible, and gather the names and contact information of any witnesses. Also, create a written account of exactly what happened, perhaps including accident scene photographs as evidence. Finally, be sure to contact a personal injury lawyer as quickly as you can for guidance about your record keeping, your next steps, and your interaction with the other party's insurance company.