DID YOU KNOW?
Contingency Fee Arrangements: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win the case. This arrangement allows clients to pursue compensation without upfront legal fees.
Statute of Limitations: Personal injury cases have strict deadlines known as statutes of limitations. It’s crucial to file a lawsuit within the specified time frame, which varies depending on the type of injury and state laws.
Burden of Proof: In personal injury cases, the burden of proof rests with the plaintiff (injured party). They must prove that the defendant’s negligence or wrongful actions caused their injuries.
Comparative Negligence: In some states, even if a plaintiff is partially at fault for their injuries, they can still recover damages, although the amount may be reduced based on their level of fault.
Pain and Suffering Damages: In addition to economic damages (such as medical bills and lost wages), personal injury plaintiffs can seek compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Insurance Adjusters: Insurance companies often employ claims adjusters whose job is to minimize the amount the company pays out. Having a personal injury attorney can level the playing field and help you negotiate a fair settlement.
Preexisting Conditions: You could still pursue a personal injury claim if you had a preexisting medical condition that was worsened by an accident or incident caused by someone else’s negligence.
Expert Witnesses: Personal injury cases often rely on expert witnesses, such as medical professionals and accident reconstruction specialists, to provide testimony and support the plaintiff’s claims.
No-Fault Insurance: Some states have “no-fault” insurance systems, where drivers must turn to their own insurance for compensation regardless of fault. However, this system has limitations and may not cover all damages.
Wrongful Death Claims: Personal injury law also covers wrongful death claims, allowing surviving family members to seek compensation for the loss of a loved one due to someone else’s negligence.
Settlement vs. Trial: The majority of personal injury cases are settled out of court, but some cases do go to trial. Your attorney will help you determine the best course of action based on the specifics of your case.
Medical Liens: In some cases, medical providers may place a lien on a personal injury settlement to recover the cost of medical treatment provided. Your attorney can negotiate these liens to maximize your recovery.