What types of injuries are included in a claim for Personal Injuries?
Personal Injury claims include any physical or mental injury to a person as a result of someone else’s negligence or harmful act. Personal injuries can occur in a wide variety of ways. The following are some of the most common incidents that result in personal injury:
- Auto Accidents
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation Disasters
- Professional Malpractice
- Workers Compensation
- Wrongful Death
- Toxic Exposure
- Home Accidents
- Dog Bites
What financial compensation is available after I suffer a personal injury?
Personal Injury Victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following.
- Medical Bills
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Permanent Scars
- Emotional Trauma
- Mental Anguish
- Loss of Enjoyment
- Loss of Love & Affection
- Mental Disability
- Property Damage
- All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others)
How do I know if my Personal Injury纽约意外伤害律师 claim is valid?
Recovering damages for a personal injury requires proof that you have been injured by the accident. The injury may be physical or it may be an emotional injury. In addition, you must be able to show that someone else caused your injury as a result of negligence, strict liability or some intentional misconduct. The best way to assess these issues is to review them with an experienced attorney.
If the accident is partly my fault can I still have a claim?
Even if an accident of injury was partially your fault, in California you still may have a Claim based on the concept of Comparative Negligence. The term “comparative negligence” means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused.
If you’re injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you will be assessed some percentage of responsibility for your own contributory negligence. The percentage will act as an offset against your claim for damages. There may also be an offset if you voluntarily expose yourself to a known danger. This is called assumption of risk.
There is also a concept in California called “fair responsibility.” If there are multiple parties responsible for your injuries, each party will be held responsible only for that percentage of your claim which they caused. The other party’s percentage of responsibility will be offset if they are not involved in the case. It is best to include everyone who may be found responsible for your injury.
How do I know if I may need an attorney?
There are many problems that may arise in injury claims. The problems are sometimes subtle and difficult to understand. You should consult with an experienced personal injury attorney before you give any statements or sign any papers of any kind and as soon after your injury as possible.
In a serious injury case, you are better off hiring an attorney as soon as possible. Most firms offer a free consultation with no obligation.
There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. It is best to consult with an attorney as soon as possible. An attorney will be able to help you take appropriate action within the statute of limitations.
What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in most personal injury cases. After suffering an injury, most people are not in a good position to pay an hourly rate to an attorney. Instead of paying an hourly rate, a contingent fee is conditioned upon your attorney’s successfully resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear “there is no fee unless there we recovery”. The client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are usually one third of what you win from the case.
If I have a personal injury claim do I have to go to court?
Litigation is expensive and time consuming. It is in everyone’s best interest to resolve matters fairly without litigation. Most personal injury cases are settled prior to court. If a case does go to trial you most likely will have to appear so that your testimony can be heard.
How long do I have to make a claim for Personal Injuries车祸律师?
Every state has certain time limits, called “statutes of limitations,” that govern the period during which you must file a personal injury lawsuit or make a formal claim. In some types of cases the time period is very short and may require formal action in as little as 6 months or less. If you miss the statutory deadline for filing a case, your case will be thrown out of court. You should consult with an attorney regarding the time limitations in your potential claim as soon as possible.
What are the Statutes of Limitations?
The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply don’t have a case anymore. Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on its complexity. Some cases have issues that are contentious and cannot be settled without substantial litigation. Some cases require a neutral to evaluate the case which may be accomplished with a jury, or through some alternative dispute resolution program. Jury trials can be quite expensive, time consuming and unpredictable. The primary goal of an injured victim should be to get healthy. Damages are based on the extent of injury suffered, so the assessment of damages must be made after the victim returns to a pre-injury condition, or achieves a maximum benefit from medical care.