Personal Injury Lawyers definition and examples
Personal injury lawsuits are filed by individuals (or their representatives) injured due to the negligence of another. The injuries can be physical or emotional, and can arise from a variety of different causes or behavior. Slips and falls, automobile accidents and assaults and battery are a few of the most frequently occurring personal injuries that can result in legal liability. The main purpose of personal injury lawsuits is to establish who was responsible and to force them to compensate the injured person for the damages incurred. Contact Westmoreland, Patterson, Moseley & Hinson, L.L.P. If you or someone you care about has been hurt by the reckless or careless actions of another. in Macon, GA, to find out more about your rights Personal Injury Lawyers.
Personal injury and damage
Personal injury lawyers are committed to ensure their clients receive the damages to that they are entitled under law. Some of the items that injured people are legally entitled to compensation include lost wages, past and future medical costs, damages for both physical as well as emotional pain and suffering, and damages for disfigurement , or impairment. Sometimes, a family member of the injured person for example, the spouse of the injured person, may also be entitled to damages. This award is often referred to as loss of consortium damages that is designed to provide the loved ones with compensation for the loss of deceased or injured person’s benefits, services and companionship.
Other types of damages can be awarded, based on the laws of the state where the suit is filed as well as the facts of the particular instance. These damages comprise “hedonic damage,” which is granted to the plaintiff in order to cover the loss of enjoyment of activities he or she used but no longer can enjoy due to injuries suffered. Additionally, “punitive damages” may be awarded when the defendant’s behavior was especially unacceptable and the judge or jury determines that the defendant should be punished with more than the actual damages suffered by the plaintiff. Punitive damages are often used to deter others from repeating similar wrongful actions.
“Legal causality” of personal injury
Each injured plaintiff may not be entitled to damages for the injuries he or suffered. The plaintiff must show, by presenting evidence relevant and credible that the defendant is legally liable for the damages. The plaintiff must establish the causation of both “actual causation”, and “proximate/legal cause and effect.” It is contingent upon the particular facts and circumstances of each case in determining the legal causation that can be established.
Legal causation may be established in some personal injury cases when the plaintiff can show that the defendant committed intentional behavior. This is the case when the defendant has intentionally or purposely harmed plaintiffs or was aware that the act the defendant was engaged in could cause significant harm.
Liability for negligence and strict liability
Personal injury lawsuits are based on a looser concept of negligence. A defendant may be held accountable for the actions or inactions of another person in the event that they were likely to cause irreparable harm to other people. Other types of personal injury actions are based on strict liability, which is a no-fault law in which the liability is established regardless of the fault of the different parties, including the victim. Product liability cases typically involve strict liability. This is when the seller or manufacturer of a defective product gives the product to the consumer.
The defendant could be held liable for actions taken, or actions that were not taken. In the case of a negligent driver who is unable or fails to capable of stopping at a red signal and then crashes into another vehicle, injuring passengers or the driver and resulting in his being responsible. If a property owner fails to remove the ice and snow off the front steps, a patron might fall and break her leg while trying to enter the business.
Personal injury cases: defenses against the possibility of liability
Even though the conduct of the defendant may be suspect, it may not be a cause for damages. If, for instance, a plaintiff knowingly and willfully is forced to face a recognized hazard, then the law says that he or she has assumed the possibility of harm and thus the defendant cannot be held liable. The “assumption of risk” concept could apply for instance, in cases where the plaintiff played an uninvolved game of tackle football, and an opponent broke his arm. In such a case, the plaintiff may not be able to claim compensation for his injuries because they were aware of the dangers inherent in the game and decided to take on them. These are some possible defenses to personal injury claims.
- Statute of limitations. The statute of limitations is a legal provision that defines the time limit within which an action can be brought.
- Sovereign immunity. Sovereign immunity guarantees that officials and organizations of the government are exempt from civil liability due to actions taken in the course of their official duties.
- Intentional misuse. Products liability cases can involve injuries resulting from the deliberate misuse of a product by a plaintiff particularly if they fail to follow directions or instructions.
- Comparative or contributory negligence. The concept of comparative or contributory negligence is where the plaintiff’s own actions led to or contributed to his or her injuries.
A personal injury lawyer will explain these and other defenses and decide if they are applicable to the particular situation. It is a terrible experience to be in an accident. In order to seek compensation from the person who was the victim of the accident and to seek compensation for the injury, a personal injury lawyer must be sought out. A lawyer is a certified professional who can advice you regarding any issue that is concerning the court of law. Lawyers specialize in different areas and a personal injury lawyer is the person who can aid personal injury victims. Accidents mostly happen due to the negligence of another individual or a person. The result can be severe injuries to the victim’s body, as well as the family members of the victim.
One may file a claim in the law court to seek compensation for the damage caused by the injury. This kind of personal injury law is also known as tort law in legal terms. To help the victim of personal injuries, a personal injury lawyer must be knowledgeable about tort law so that he or she wins the case.
If someone hurts you and you are injured, they will not be able to get the compensation they’re entitled to. There are a variety of firms in a city that specialize in dealing with different kinds of legal matters. However you are sure to come across a personal injury lawyer who specializes in tort law to aid out personal injury victims. New York City is home to many law firms and lawyers that specialize in personal injury cases. If you’re looking for the services of a personal injury lawyer New York City, you need to determine the arte of the lawyer and then employ his or her services. You should seek the assistance of only the most effective lawyers to deal with the legal aspects of the matter.
It is understood that before engaging the services of a personal injury lawyer, it is recommended to have advice from the lawyer. The majority of people are not knowledgeable about the legal issues, and until the moment they need to face something similar to this, very few actually take the trouble of knowing all factors that go into a legal case. Speak with an attorney for personal injuries and discuss your odds of receiving the compensation you are entitled to. Certain lawyers charge fees for this compensation so it is better if you find this out prior to seeking consultation or other service.
An attorney for personal injury must prove that the defendant is guilty of the accident and that he or she is responsible for paying the damages to the victim. The lawyer must be aware of the exact circumstances that led to the accident, and only then is able to prove that the defendant is guilty of the charges. Evidence must be presented to prove that someone is in accordance with the laws. A lawyer does not want to lose an injury or personal case, or other legal matter and uses all his legal knowledge to prevail in the legal proceeding for his client.
Selecting the an appropriate Personal Injury Lawyer
If you’ve sustained an injury due to from someone’s negligence, you ought to file a lawsuit. Nevertheless, ahead of making a claim, it’s important to speak with an attorney who specializes in personal injury who can assist clients who have been critically injured because of negligence of another person or other party. There are many types of personal injury claims filed every year. They can be a result of slip and fall, car accidents and medical negligence. People file an accident claim to obtain financial compensation from injuries that are caused by third party. This is usually derived from the severity of the accident, the loss of earnings, and job loss.
If you’re looking for a lawyer, you should take into account that many lawyers aren’t competent to handle a case. To strengthen your case it is essential to locate an expert personal injury lawyer. Insurance companies assign personal injury attorneys throughout the trial. You need an attorney who is able to do the same. It is crucial to locate an attorney who has connections to medical specialists that will strengthen your claim. Find the lawyer who has handled similar cases in the past and learn about what they have done. The process of preparing for a claim takes some time, and your lawyer must be capable of easing your tension by filing motions whenever necessary and obtaining evidence from witnesses, and other such evidence.
As it comes to the various types of accident claims it is essential to hire a lawyers who are proficient in this field. Take, for instance, medical negligence, which requires lawyers that are experts in the difficult law of medical negligence. However the filing of a claim against a business for defective products requires a the expertise of a specialist in that area and cannot be dealt by the legal expert in medical negligence.
If someone is looking to claim compensation for brain injury or any other health issue that requires lifelong medical attention, they should always contact a lawyer who is experienced in these kinds of cases. These types of personal injury lawyers have contacts with medical professionals who can assist them establish their point. It is costly in the time and money of hiring a lawyer who does not understand your injuries. There are numerous attorneys who specialize in specific areas like medical malpractice and car accidents and slip-and-fall accidents, construction accidents, and defective product. So, when you choose your lawyer, see what areas of injury the area he is specialized in and see if he has worked on cases akin to yours and what their opinion was.
A typical person cannot take on insurance companies when it comes to an action in court. It’s therefore a smart idea to appoint an expert personal injury attorney. They can provide the legal knowledge required to settle your claim as well as treat you with respect during trial, and support you throughout the suffering.
Question to Ask the Attorney during your initial consultation
It is normal to have a lot of questions you would like to consult an attorney who handles personal injury cases about your accident case. It’s a good idea to make a list of all the questions you’re likely to have prior to your appointment. When you are creating your list of questions to discuss with the attorney, be sure that you add the following questions:
What types of injury cases are you able to handle?
Personal injury can be a result of numerous different circumstances. Personal injury claims can be filed for car accidents, burn injuries and livestock accidents, as well as nursing home abuse.
Ask the attorney how much experience he has handling cases similar to your case. It is best to find an attorney who has expertise in the same field similar to your case. An attorney who is acquainted with law and the issues that are similar to yours can be in a position to help you.
How Much Are Your Attorney’s Fees?
It is important to comprehend how much it will cost to hire an attorney for personal injuries prior to signing an agreement for retainer.
Many law firms that specialize in personal injury are compensated by a contingency fee. If you win your personal injury case the attorney won’t receive any compensation.
The contingency fee is a proportion of the money recovered in the injury claim. If you employ an attorney, the amount will be set in advance. The fee does not cover the costs for the legal case, so be sure you ask which attorney will be charged for the costs and expenses.
What is Your Success Rate?
An attorney cannot guarantee the outcome of your case. Personal injury cases are subject to various aspects. A high rate of success does not mean you will get millions of dollars back for your personal injury claim or even get your case settled.
But, it is important to inquire about the success rate of the attorney. Although you can’t use the same case as another case, it is good to select an attorney with a an excellent success rate. A high rate of success can indicate the attorney’s skills and determination to fight for the most compensation for their clients.
What trial experiences do you have?
Make sure to ask whether the lawyer settles cases rather than going to court. A lot of injury cases settle with the insurance company for the other party , without the need to make a claim or appear in the court. Your case might need to go to court.
It is essential to locate a skilled and talented attorney to handle your case. The process of trial is distinct from the negotiation of a settlement outside of the courtroom. The attorney needs to be comfortable in arguing cases before a judge and jury.
The only way that an attorney can be a competent trial lawyer is to have experience in the courtroom. If an attorney doesn’t go to trial in any case You may want to talk with a different attorney before deciding on the personal injury lawyer to choose for your case.
What’s the worth of my personal injury claim?
You naturally would like to know what you could get for your personal injury lawsuit.
The value of your claim for injury is contingent on a variety of aspects, including:
- The extent and nature of injuries
- The economic total loss, which include medical bills as well as lost income
- Whether you sustained permanent disabilities or impairments
- Allegations of comparative fault
- The coverage offered by insurance companies
- The strength of the evidence in this case
A free consultation with an experienced attorney for injuries will typically not provide you with an estimate of what your case could be worth.
An attorney can inform you the different types of personal injury damages you might be entitled to and other aspects that can influence the value of your claim. A lawyer cannot assess the worth of an injury claim without examining it and documenting the damages.
Types of damages
The lawyer may look over the kinds of damages that you may be able to claim. Examples of damages in claim for injury include:
- Treatment, medication therapy, equipment, and medical cost money
- Loss of earnings and benefits, such as reductions in earning potential
- Mental, emotional physical and emotional pain and suffering
- Permanent scarring, impairments, and disabilities may result in permanent impairments as well as disfigurement.
Loss of enjoyment of life
A lawyer who says that he can’t value your claim during a discussion is a sign that he is ethical and honest. If an attorney says that they will get a certain amount of money for your claim for injury before the attorney begins working in your case, think about consulting with a different attorney to get another opinion.
How Much Time Will It Take to Resolve My Injury Claim?
Personal injury cases are different according to the facts and the circumstances. Your medical treatment is among the most crucial factors in determining how long it takes for a personal injury case to be settled.
It is not advisable to settle any claim until you’ve completed your treatment plan , and your doctor has released you from treatment. Making a settlement for an injury claim prior to the time you have completed your treatment may result in a much lower reimbursement.
Once you’ve completed the medical treatment you received, it is impossible to know if you’ve been suffering from permanent impairment. Permanent impairments are likely to boost the amount of compensation for a personal injury claim.
The difficulty of your case along with the length and depth of the investigation, the ability of the insurance provider to reach a fair settlement, and whether or not you are required to file a personal injuries lawsuit all can affect the time required for you to settle your claim.
Kentucky’s statute of limitations restricts the time that you can to file a personal injury lawsuit. Accident victims have only one year to file their personal injury lawsuit following the date of the accident.
It is essential to seek legal advice immediately concerning your injury claim. Waiting too long to meet with a lawyer to have a free consultation could result in losing your right to file a lawsuit against the party who caused the injury.
5 Tips for choosing the right personal injury lawyer
Here are some guidelines to follow when looking for and evaluating lawyers for your personal injury case.
Examine your experiences.
The more knowledge a lawyer has in personal injury law, the more likely they are to succeed in your case. Because they’ve experienced it all, so they are able to tackle the most difficult challenges that arise, from proving damages of extremely complex, devastating accidents to recognizing tricks of manipulative insurance companies.
- An attorney for personal injuries with years of experience is acquainted with the particular type of case you’re dealing with them.
- To accurately assess the level of expertise an attorney has be sure to ask the following questions:
Personal injury is it one of the main areas of practice as a lawyer or an organization? (Personal injury may be one of the dozens of types of law that general-practice law firms are able to practice. That means that they could only occasionally deal with these cases and might not have enough experience.
How long have the law firm and lawyer been tackling these kinds of cases for?
Do they have expertise in trial work?
Are they well-known and respected within the legal community for personal injury? (This recognition might be in the form of professional awards, membership/leadership in personal injury or trial lawyer associations, etc.)
Do they have experience in handling the kind of case you’re facing? (For example, if you suffered a brain injury, does their firm have experience in obtaining compensation for cases involving brain injuries?)
You must be sure they have the track record of being successful.
There are many lawyers with years of experience, but haven’t achieved many successes. They may be known for accepting low-ball settlements from insurance companies or not having the ability to win even the most difficult and high-value cases.
Review the case results of an attorney, and then ask these questions:
- Are they able to regularly recover verdicts of multi-million dollars and settlements for their clients?
- Are they able to win cases involving fatal injuries or even wrongful death, and not just minor injuries?
- Are they the recipients of any settlements or verdicts?
Pay attention to the way they interact with you.
Make sure you trust your judgment. The relationship between the attorney and client is crucial and you should ensure that you like the way that you are communicating with and dealt with by the lawyer you are considering hiring. Pay attention to these:
- Are they ready and willing to help you with any question that you may have?
- Are they courteous and professional?
- Are they strong communicators? (Do they clearly explain the legal process and call you promptly, etc.)
- Do they want to go on a trip with you?
- Do they seem genuinely worried about your health?
Learn about their payment system.
To avoid any surprises Be sure to read the fine print before engaging an attorney. A few of the best questions to ask include:
Are they willing to offer an initial consultation at no cost?
Do they work on a contingency-fee-basis? (This means you only pay for the legal fees of the firm if they win your case. Furthermore, the legal fees are absorbed into your settlement, or paid by the defendant, meaning you don’t have any upfront fees related to your legal representation.)
- They might be able to offer a cash advance to cover expenses not paid for by the settlement or verdict.
- Take note of the additional resources they have available.
It’s crucial to think about the additional resources your prospective injury lawyer can offer. Certain law firms for personal injury offer more assistance for various phases of the case which means less stress for you and a better overall experience.
Make sure to ask these questions:
- Do they have a network of medical professionals they can refer to aid you in finding the care you require?
- Can they help you find doctors who are willing to work on a lien basis so that your medical expenses are paid out of your settlement or verdict?
- Are they able to assist with other services relevant to your case, like property damage appraisal and liens negotiations (i.e. negotiations on costs with your medical providers)?