Common Questions People Ask About Personal Injury Cases
Even though it’s a topic most people would rather not think about, injuries do happen in many different areas of life. Sometimes, they are relatively minor and sometimes they are quite severe, but they all have a way of disrupting your life in some form or other.
There are some situations where an injury has occurred through no fault of your own, and it is with these injuries that the personal injury case is born. Not all scenarios warrant afullfledged personal injury case, and there is often quite a bit of confusion around the topic.
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Here are some common questions that people ask about personal injury cases.
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What is a Personal Injury Case?
Basically, a personal injury case arises when someone is injured due to negligence on the part of someone else. The injury may have resulted from a workplace incident, slip and fall accident, car accident, assault or any number of other situations. A personal injury cases might also be filed against professionals like doctors or lawyers for malpractice.
Figuring out what constitutes personal injury and what doesn’t is the real trick. That’s why it’s so important to visit a personal injury lawyer if you feel you might have a case. Then you can find out for sure.
Why Do I Need a Lawyer?
If you indeed have a valid case, you need a lawyer to help you navigate the legalities of the process. In order to actually win damages, you have to prove:
That you actually suffered damages
That the defendant in the case was negligent
That the defendant’s negligence caused the damage
Since it’s common policy for personal injury lawyers to only charge you if they win your case, there really is no good reason to not speak to one. The lawyer will let you know if you have a case, and if you don’t it won’t cost you anything but a little time.
What Should I Do Right After the Injury?
The most important thing to do after you’ve been injured is to tend to your injuries. In some instances, your injuries will take the decision out of your hands, but if the injury isn’t too serious it’s still important to have it treated first.
If possible, take down some details regarding the incident or take a few pictures of the scene if it was a car accident or slip and fall injury. Once your injuries are taken care of, then you can think about talking to a lawyer. Just make sure you don’t wait too long, because the longer you wait, the less likely it is that you’ll have a winnable case.
What Types of Injuries are Handled?
A personal injury lawyer will handle just about any injury that was caused by someone else’s carelessness. Some common types of injuries include: ◦ ◦ ◦ ◦ ◦ ◦
Head or brain injuries Broken bones Neck injuries Paralysis Sprains and strains Vision loss
The easiest and fastest way to find out if your injury is covered is to set up an appointment and ask. Then, you can explain the details surrounding the situation and get a more specific answer.
How Do I Determine Negligence?
Legally speaking, negligence has occurred when someone has failed to act with ‘reasonable care’ and an injury has resulted. Of course, trying to determine the ‘reasonable care’ part on your own is what’s really difficult.
A storeowner or homeowner not clearing snow off his walkway may be negligence and someone running a red light and hitting you might be negligence. Talking to a lawyer that deals with this sort of thing everyday is the surest way to determine if someone has been negligent.
How Much Money Can I Get?
Many people who feel they may have a personal injury case start seeing dollar signs and want to know how much money they can get. There are a lot of different factors that go into how much money you’ll get, if any.
Things like the nature of the situation, the severity of the injuries and the amount of any medical bills all play a role in the dollar amount of a claim. Again, your lawyer will be able to figure out what amount you should seek and the highest amount you’ll be most likely to receive.
Should I Talk to the Insurance Company?
Many people want to know if they should speak to an insurance company on their own during a personal injury case. The short answer to that question is no.
The entire business model of an insurance company is to take in as much money as possible, while paying out as little as possible. If you say something you shouldn’t while speaking with an insurance company, it could jeopardize your claim.