Q: Do I Have Personal Injury Claim?
If you've been injured or a loved one has died due to the negligence of another person or a defective product, then you may have a personal injury claim. A personal injury claim could be the result of several scenarios including: Motor Vehicle Accidents, Construction Accidents, Defective Products, Elder Care Negligence, Cycling Accidents, Pedestrian Accidents, Wrongful Death
Q: What Is A Wrongful Death Claim?
A wrongful death claim occurs when surviving family members file a lawsuit against someone who caused the death of a loved one either through negligence or intentionally. Although money cannot bring a loved one back, it can ease the burden that the family is suffering by providing money to allow them to go on with their lives.
Q: What Damages Might I Be Entitled To?
A person who has been injured is entitled to recover monetary losses and expenses as a result of the injury. Several factors are considered when determining the amount of money that a person should receive in a personal injury claim including: Severity of the injury, Past and future wage loss, medical expenses, physical and mental pain, Physical and/or mental disability, Scars and disfigurement, Expenses paid out-of-pocket, Damage to property
Q: Do I Need An Attorney to File a Personal Injury Claim?
If you need medical intervention because of your injury or an insurance adjuster is involved, chances are you will need an attorney to represent you. Before you provide any statements to the insurance company or sign any papers, you should consult with an experienced attorney to guide you through the process so that you won't lose compensation to which you are entitled.
Q: Will I Have To Appear in Court?
Personal injury cases are often settled out of court. A settlement can be reached among insurance companies and the attorneys. A case is resolved through mediation, negotiation, arbitration and trial. If your case goes to trial, you can testify as to how you have been affected by the injury or the loss of your loved one.
Q: When Will My Case Be Settled?
Every case is different. it depends on the complexity of your case and the injuries involved. It also depends on the opposing party's willingness to offer a reasonable settlement or for your insurance company to act in good faith on your behalf. Cases involving serious injury or wrongful death can take several months to resolve because they are generally more complex.
Q: If the Accident Was Partly My Fault, Do I Still Have a Case?
Although you may be partly at fault for the accident that caused the injury, you may still have a personal injury case. Contributory negligence, contributory fault or comparative fault are terms used in law to describe this situation. You can still recover damages, but your claim will be reduced based on the percentage that the accident was your fault.
Q: Do I Need To File My Claim Within a Certain Amount of Time?
Most states have specific time limits for filing a personal injury claim. If you fail to act within those time limits, you may have no grounds for filing a case. Therefore, it is best to act in a timely manner. Generally, the laws of the state where you were injured will prevail and you will need to adhere to that state's statutes of limitations.