Personal injury claimants tend to have many questions because most only become concerned about how claims work after being involved in an accident. Misconceptions about personal injury cases can severely hurt the chances of recovering compensation. Here are detailed answers to questions that people commonly ask about personal injury cases.
What Are Personal Injury Claims?
Personal injury law governs claims of recklessness or negligence that lead to injury or death. Common sources of these claims include personal injury accidents like:
- Automobile accidents
- Motorcycle accidents
- Slip and fall accidents
- Elder abuse
- Medical malpractice
- Defective products
What Should One Do After Being Involved in a Personal Injury Accident?
A person who has been involved in a personal injury accident should take photos of the injuries he or she suffered. If the accident victim has not yet sought medical attention, then he or she should visit a doctor as soon as possible. It is crucial to get medical attention no matter how minor the injuries sustained may seem. Some hidden injuries take days or even months before becoming noticeable.
If a victim already visited a doctor after the accident, he or she should follow the doctor’s care plan thoroughly and attend every follow-up appointment. The details of an accident that a person can remember tend to fade over time. For that reason, it is crucial to write a narrative of all the details one can remember while they are still fresh in one’s head. Additionally, one should list down the contact information of all the witnesses that he or she talked to after the accident.
Contacting a personal injury attorney is also beneficial as he or she will give additional instructions on what one should do, which could help his or her personal injury claim.
What Damages Can a Person Seek in a Personal Injury Lawsuit?
Personal injury claimants can receive money damages for all the costs and losses suffered because of an accident caused by the negligence or recklessness of another. An injured claimant can receive compensation for lost wages, medical bills, future costs for ongoing treatment, physical disability, pain and suffering, and more. A claimant who lost a loved one can seek damages like funeral costs, costs of pre-death medical care, and loss of companionship.
How Much Is a Case Worth?
No two injury cases are the same, and even accidents that seem similar can have highly different outcomes. As a result, every personal injury case tends to be different and yields a different result.
Several factors determine the value of a case. These include economic damages such as medical treatment, physical therapy, lost wages, and costs of hiring someone to care for the injured person or offer household services.
The severity of injuries suffered also determines the worth of a case. When the losses a victim suffers are totaled, a multiplier is applied to represent pain and suffering. A multiplier of 1 to 1.5 could be applied if a person sustained moderate injuries, whereas a higher multiplier of up to 5 could be used for a serious injury.
How Long Can One Take to File a Claim?
A time limit exists for filing personal injury claims, referred to as the statute of limitations. It is two years on most personal injury claims. States carry different rules and regulations. Avoiding waiting too long before filing an injury claim is hugely advantageous. The evidence will still be fresh if one files a claim as soon as possible and he or she will avoid accidentally waiving his or her rights to claiming compensation.
Does a Personal Injury Case Have to Go to Trial?
Most personal injury cases are settled before they go to trial. Cases usually go to trial if there are contested legal issues or disputed facts.
How Much Is a Personal Injury Lawyer Paid?
Most personal injury attorneys represent people on a contingency fee basis. That means that the people they represent do not pay anything upfront. The lawyers only get paid if the cases of their clients reach a favorable solution either through a settlement or verdict. They will collect a small percentage of a person’s recovery.
Personal injury attorneys usually pay certain expenses, such as doctor’s visits, to allow a case to proceed. They also deduct such costs from a person’s recovery.
How Long Does It Take to Resolve a Personal Injury Case?
In some cases, an attorney works directly with the liable party or insurance company and finds a quick resolution without formal litigation. Such cases can be resolved in a few weeks. Cases carried through litigation can go on for up to a year or even more. The period that most cases take to be resolved falls in the middle.
People need to get the right information about their personal injury cases. For more professional advice, they can talk to qualified personal injury lawyers.
Interesting related article: “What is a Lawsuit?“