Most people who maximize their injury claim usually do something right: hired one of the best personal injury lawyers near them.
Because of how complicated injury damage claim laws are, knowing how to find and hire the best personal injury lawyers can ensure that your right is protected.
Table of Contents
- So who are personal injury lawyers?
- What do personal injury lawyers do exactly?
- Types of personal injury lawyers and cases
- So what is personal injury law
- What is a personal injury claim?
- Status of limitation
- Comparative negligence in personal injury cases
As an injury victim, your primary focus should be to get well and maximize your financial compensation.
And personal injury lawyers are your best bet in accomplishing that.
The primary focus of skilled and experienced lawyers who hand injury cases is to help their clients maximize their car accident and other personal injury claims by offering skilled negotiations and aggressive litigation against the defendant.
So who are personal injury lawyers?
So who are personal injury lawyers?
A personal injury attorney is a lawyer who practices in the area of the law called tort law.
A personal injury lawyer is also referred to as a trial lawyer or attorney.
Because of different state laws pertaining to personal injury damage claims and the insurance companies being notorious for taking advantage of victims, you will rather have these lawyers on your side than not.
What do personal injury lawyers do exactly?
This type of civil attorney can provide so many services and resources.
Here are some of the things injury lawyers do:
- Help their client get treatment for their injury before the case settles
- Negotiate with the insurance company of the defendant for financial compensation
- Represent you in a court trial should negotiations fail
- Hire experts for the case
- Investigate the case
- Review police report in the case of accidents
- Be the point of contact between the plaintiff and insurance company and their lawyers
- File the correct paperwork and follow up on deadlines
As you can these lawyers do a lot in an injury case.
So if you find yourself wondering whether you should hire one or handle your injury case by yourself just remember that there is so much more than an attorney can do for you.
Types of personal injury lawyers and cases
Personal injury lawyers handle all kinds of personal injury cases.
And they are also called by the type of case that they handle.
So if you are looking for the below type of injury-related attorneys click below to learn more.
- Auto & Car Accident Lawyer
- Motorcycle Accident Lawyer
- Truck Accident Lawyer
- Commercial Vehicle Crashes
- Bus Crashes
- Railroad & Train Accident Lawyer
- Airplane Crashes
- Industrial Accidents
- Construction Accidents
- Boating Crash Attorney
- ATV Crashes
- Bicycle Accident Lawyer
- Pedestrian Accident Lawyer
- Drunk Driving Accident Lawyer
- Brain Injury Lawyer
- Slip And Fall & Premises Liability
- Wrongful Deaths
- Defective Products
- Mass Tort
- Medical Malpractice
- Elevator Accidents
- Dog Bites
- Uninsured Motorist Accidents
- Seat Belt Failure
- Spinal Cord Injury
The above are just examples of personal injuries and lawyers.
So even if the type of case or attorney you are looking for is not listed above still contact an injury law office for a consultation.
So what is personal injury law
Personal injury law is an area of law that governs injury to someone’s body, emotion, or mind.
Personal injury law is also known as tort law.
Under tort law, a plaintiff can file a lawsuit against individuals, businesses, local, state, and the federal government for bodily injuries and emotional pain compensations.
Below are some personal injury statistics in the U.S.
- Most civil litigation cases in the U.S are personal injury lawsuits. According to research, the most common personal injury lawsuit is traffic accidents. Of the traffic crashes lawsuits, a car accident is the most common traffic accident personal injury case.
- According to The National Highway Traffic Safety Administration (NHTSA), in 2016, there were 37,000 plus deaths from road accidents throughout the United State. It is estimated that besides the death from traffic collisions, over 3 million people will have permanent injuries as a result of these accidents.
- According to The U.S. Department of Justice, Bureau of Justice Statistics of the 26,928 real property, contract and tort trials in 2005 alone, about 60% were some sort of personal injury.
What is a personal injury claim?
So what is a personal injury claim? Personal injury claims are legal claims against a negligent party include injuries to the mind or body because of someones else’s negligence or intentional actions.
The most prevalent personal injury claims are accidents at work, traffic road accidents, product defect accidents, premises liability issues, and assault.
Personal injury also includes professional and medical malpractice issues.
At least at some point in our life, we have found ourselves being victims of the above scenarios.
Injuries sustained from such accidents and other types of injuries depend on the degree of harm.
Brain damage, spinal cord injuries, burns, and broken bones are also associated with such accidents.
The good news is that there are lawyers who can help us recover financial compensations when we become victims of these injuries.
According to estimates, less than 5% of personal injury claims only go to a trial as most settle out of court.
This is why making sure that the attorney for personal injury that you hire has exceptional negotiation skills besides trial skills.
Status of limitation
Each state has a specific deadline for filing a personal injury lawsuit.
This deadline is called the personal injury statute of limitation.
When you contact an attorney, he or she will let you know if your case is still eligible to be filed under your state status of limitation laws.
Before you contact personal injury lawyers, here are general things to keep in mind about the personal injury status of limitation:
- The personal injury status of limitations ranges from one to six years in different states
- There is a difference between the injury and the property damage status of limitation in personal injury cases – for example, in a car accident personal injury, the status of limitation will be two years for the injury and three for the property damage
- In some states, you can extend the status of limitation but they are only granted by the court in extreme situations
- In most states, personal injury cases, the status of limitations starts on the day of the injury
- The personal injury status of limitations are different when the injury is caused by a state or federal entity
As you can see from the above, personal injury status of limitations are complicated so the faster you get your claim filed by personal injury attorneys the better.
Do not wait for time to pass by.
Seek help to recover the compensations you deserve for your property damages and pain & sufferings.
Comparative negligence in personal injury cases
Oftentimes people will assume that personal injury lawyers can only get them compensation for their injuries when someone else is at fault.
However, that is not true.
There is a law in many states called comparative fault or negligence that allows a victim of an injury to still get compensated even if that victim contributed to the injury.
This law basically looks at the percentage of each involved party’s contribution to the injury and awards compensation based on that.
So let’s say for example that your lawyer or law firm can prove that the defendant contributed 80% percent to the injury, they will be responsible for 80 percent of the damages.
You have to keep in mind that the law varies from state to state.
Some states like California and Florida are pure comparative negligence states, while states like New Jersey and Texas use the 50% rule.
Who pays for my medical bills:
Your medical bills can be paid by your healthcare insurance and auto or property insurance if you carry medical coverage with them.
However, the party at fault for your injury is liable for your medical bill.
So part of your settlement should include your medical bills.
How long does a personal injury case take to settle:
The time it takes to settle a personal injury case varies and depends on many factors such as the severity of your injury, the skill of the lawyer representing you, the type of personal injury damages claim, whether a case goes to trial or not and the insurance company you are dealing with, etc.
However, minor cases typically take 1 to 3 years and serious cases can take about 5 to 7 years or more to settle.
How much can I recover from my injuries:
There is really no standard amount for personal injury claim recoveries as there are so many factors that can affect the amount of your case.
Some of those factors are the experience and skills of the injury law firm representing you, the severity of the injury, and the insurance company you are dealing with, etc.
When you speak to personal injury lawyers ask them about the typical range they have gotten for their clients.
So ask them for the highest, mid, and lowest amount they have ever gotten for your type of injury.
Can I negotiate a contingency fee:
The answer is yes, you can negotiate a contingency fee with personal injury lawyers.
The more you negotiate the better you can get a lower contingency arrangement in most cases.