People suffer accidental injuries every day, some of them in their extent, implications, and how they arose.
If you or someone you love suffered this type of injury and believe another party might have caused it, hire a personal injury lawyer as soon as possible. You have legal rights you need to know, and your attorney can protect those rights.
What is a Personal Injury?
A personal injury is any physical, emotional, or psychological harm an individual suffers due to someone else’s negligence, intentional actions, or strict liability. Personal injuries can occur in various situations, such as car accidents, slip-and-falls, medical malpractice, defective products, workplace accidents, or incidents of assault.
Here are a few common examples of personal injuries:
- Motor vehicle accidents – These include car accidents, motorcycle accidents, truck accidents, and pedestrian or bicycle accidents caused by negligent or reckless driving.
- Slip and falls – When someone slips, trips, or falls due to hazardous conditions on someone else’s property, such as a wet floor, uneven surfaces, or lack of proper signage.
- Medical malpractice – Personal injuries resulting from the negligence, misconduct, or error of healthcare professionals, such as doctors, nurses, surgeons, or hospitals, during diagnosis, treatment, or surgery.
- Product liability – Injuries from defective or dangerous products, including machinery, appliances, pharmaceuticals, or contaminated food items.
- Assault or battery – Physical injuries resulting from intentional acts of violence, including assault, battery, or other intentional harm caused by another person.
In personal injury cases, the injured party (plaintiff) may seek compensation for their losses, including medical expenses, pain and suffering, lost income, property damage, and other related damages. Personal injury lawyers seek justice and recover fair compensation for individuals who wrongfully suffered injuries due to the negligence or wrongdoing of others.
When another party or individual does something that contributes to the cause of your injuries, you deserve compensation for your damages. A personal injury lawyer can recover compensation for your injuries arising from these situations.
The Elements of a Personal Injury Claim
You or your personal injury attorney must prove several points to receive compensation for your damages:
- Duty of care – The person who contributed to or caused your injuries owed you a duty of care. For example, a driver turning left must yield to oncoming traffic, or a bus company must vet their drivers before hiring them.
- Breach of duty – That person or party violated their duty to you in one way or another. Maybe a product manufacturer failed to provide proper warnings, a vehicle didn’t stop at a crosswalk, or a store employee ignored a spill.
- Injuries – The breach of duty directly caused your injuries. For example, a truck driver was speeding and caused an accident. You sustained severe injuries in the accident.
- Damages – The accident and your injuries also caused damages. Damages are the financial translation of your suffering and losses due to the circumstances. They can include medical expenses, lost income, pain and suffering, and scarring and disfigurement.
Choosing the Right Personal Injury Lawyer to Represent You
Choose the right personal injury lawyer so you can receive full and fair compensation for your personal injury damages.
With numerous options available, consider these factors to make an informed decision when selecting a personal injury lawyer to effectively handle your case and protect your rights:
Experience
When it comes to personal injury cases, look for a lawyer who specializes in personal injury law and has a solid track record of successfully handling cases similar to yours. Hiring an attorney who practices family law and sometimes dabbles in personal injury law typically isn’t the best idea. While they may be excellent at helping with divorce and child custody matters, they may not have extensive experience gathering evidence and negotiating personal injury settlements.
An attorney with experience in personal injury law will already have the necessary knowledge, negotiation skills, and familiarity with relevant laws and regulations to build a strong case on your behalf.
Before hiring an attorney, ask if they have significant years of experience and a proven history of achieving favorable outcomes for their personal injury clients.
Reputation and Reviews
Research the reputation of potential personal injury lawyers before making your decision. Seek recommendations from friends, family, neighbors, or colleagues with similar legal needs. Additionally, you can browse online reviews and testimonials to gauge the experiences and opinions of past clients.
Pay particular attention to feedback regarding communication, professionalism, responsiveness, and the attorney’s ability to secure fair compensation.
Credentials and Professional Associations
You should also check the credentials of the lawyers you are considering. Verify if they are licensed to practice law in your jurisdiction and whether they have any disciplinary actions or complaints against them.
Membership in professional organizations such as the American Bar Association (ABA) or state and local bar associations indicates their commitment to professional standards and continuing education. Such affiliations can provide reassurance about the lawyer’s dedication to their practice.
Track Record and Success Rate
Inquire about the lawyer’s success rate and their history of handling cases similar to yours. A lawyer with a proven track record of achieving favorable settlements or verdicts may have more of the skills and experience you need to navigate your case successfully.
Consider the complexity of their past cases and whether they have experience with settlement negotiations and courtroom litigation. Ask for references from previous clients if necessary.
Communication and Availability
Effective communication between you and your lawyer is crucial throughout your case. Ensure that the lawyer you choose is accessible and responsive and keeps you informed about the progress of your case.
During your initial consultation, evaluate their listening skills and ability to explain legal concepts in a way you understand. A lawyer who genuinely cares about your concerns and responds promptly to your inquiries will provide you with peace of mind during the legal process.
However, other staff members at your attorney’s office, such as a paralegal or an assistant, may handle some of their communications. Even though this commonly happens, you should still arrange to speak directly with your attorney when necessary.
Fee Structure and Costs
Most personal injury attorneys will offer a free initial consultation. Discuss their fee structure and payment arrangements before signing agreements to retain their services.
The good news is that many personal injury lawyers work on a contingency fee basis, which means they only receive payment if they win your case. If they don’t settle your case or obtain a court award on your behalf, you owe them nothing for their services.
Even with contingency fees, you should clarify the percentage they will charge from your compensation and any additional costs you may incur, such as filing or expert witness fees. You must clearly understand the financial implications of hiring a lawyer during the consultation.
Meeting with a Personal Injury Attorney
When you have an initial consultation with a personal injury attorney, you must ask relevant questions to gather necessary information and assess the attorney’s suitability for your case.
Here are some important questions to remember to ask during the consultation:
- What is your experience in handling personal injury cases like mine?
- What are the potential strengths and weaknesses of my case?
- What is your approach to handling personal injury cases?
- How will you communicate with me throughout the process?
- Will you personally handle my case or delegate it to another attorney or staff member?
- What are the potential outcomes or settlement expectations for my case?
- How do your fees and billing structure work?
- Can you provide references from previous clients?
- Are there any alternative dispute resolution methods available for my case?
Also, bring any relevant documents, such as accident reports or medical records, to the consultation to provide the attorney with a comprehensive understanding of your case.
What Is the Statute of Limitations?
The personal injury statute of limitations refers to the time limit for someone to file a lawsuit for a personal injury claim. This deadline varies depending on the jurisdiction and the type of personal injury case.
The statute of limitations is in place to ensure that legal actions are initiated promptly after the occurrence of an injury while evidence is still fresh and available.
There are several points you should understand about the personal injury statute of limitations no matter where your injury occurred:
- Time limit variations – The statute of limitations can vary significantly from one jurisdiction to another and depends on the type of injury or the cause of action involved. It’s crucial to be aware of your jurisdiction’s specific statute of limitations to avoid missing the deadline for filing a lawsuit. If you miss this strict deadline, you can still file. Still, the court will likely dismiss your case, making seeking financial recovery for your damages impossible.
- Discovery rule – In some cases, the statute of limitations may start from the date the injury was discovered rather than the date it occurred. However, this rule applies when the injury is not immediately apparent or discovered later due to medical conditions or other circumstances. For example, suppose you had surgery, and the surgeon mistakenly left a surgical tool inside your body; you may not have immediate symptoms. In that case, the statute of limitations clock shouldn’t begin to tick until you had symptoms or should have reasonably known you had symptoms and discovered the error.
- Tolling of the statute – In certain situations, the statute of limitations may toll, or pause, extending the time limit. Common examples include cases involving minors, individuals with mental incapacities, or instances where the at-fault party leaves the jurisdiction.
- Varying time limits – Depending on the jurisdiction and the type of case, the statute of limitations can range from a few months to several years. Most states have a statute of limitations of two years for personal injury claims, while some allow as little as one year and others as many as six years.
- Government entities: When a government entity contributes to an injury, the statute of limitations may decrease to as little as six months to one year.
- Importance of timely action – Failing to file a lawsuit within the statute of limitations can result in losing the right to seek legal recourse. The court may dismiss the case, and the injured party has little chance of recovering total compensation for their injuries.
Considering all these factors, consulting with a personal injury lawyer is crucial to understand the specific statute of limitations that applies to your case. An attorney will help you navigate the legal system, gather evidence, and file your claim within the required time frame, ensuring they protect your rights and seek full compensation for your injuries.
Seek Legal Help from the Right Personal Injury Attorney Now
Jacob D. Lawrence, Personal Injury Lawyer
If you or a loved one recently suffered a personal injury, now is the time to seek legal help. The right personal injury lawyer will ensure a favorable outcome for your case. You can make an informed decision by considering experience, reputation, track record, communication, and fees.
Conduct thorough research, consult multiple lawyers, and trust your instincts when selecting legal representation. With the right personal injury lawyer, you can confidently navigate the legal process, increasing your chances of receiving fair compensation for your injuries and losses.
Consultations are free, so you have nothing to lose by learning about your rights and how a personal injury law firm works. The sooner you choose an personal injury attorney, the sooner you can focus on your physical health, knowing you have someone in your legal corner.