Frequently Asked Questions Personal Injury
What is a personal injury?
Personal injury is any injury sustained from an accident or another incident as a result of someone’s recklessness, negligence, or intentional wrongdoing. These injuries may be psychological or physical in nature and can entitle the victim or their family to damages that are usually in the form of a monetary award.
What does negligence or recklessness mean?
A person acts negligently when they fail to take all reasonable actions to prevent harm to someone else. If someone is negligent and you are injured as a result, then they are liable for your injuries and you can sue them for the damages that resulted from their actions or inactions. For example, if someone is texting on their cell phone and not watching the road when they plow into the back of your car then they would have been negligent. This negligence would have been the cause of any injuries resulting from the accident and the driver’s car insurance company could have to pay the damages resulting from your lawsuit or claim.
What is the difference between a claim and a lawsuit?
An injury claim is usually where someone has a claim but has not filed a lawsuit yet. In other words, you might have an injury claim opened up with the insurance company or be negotiating with the other party to settle prior to filing a lawsuit. An injury lawsuit is an actual legal action filed in the local courts to recover damages. This is a formal court proceeding where a judge or jury will decide if someone is liable for the injury and what, if any, damages (usually monetary) should be awarded.
What is my injury case worth?
What your case will be worth depends greatly on the extent of the injury and the nature of the incident. Our injury lawyer can review and examine your case to determine what it may be worth. However, what you end up being awarded depends on many circumstances the evolve after the case is filed or the claim begins such as the kind of evidence you get together in the beginning or when you went to the hospital and what the doctor’s report includes.
What does it cost for you to take my case?
Nothing. We will begin working on your case once you have signed a contract with us and you do not pay us any money up front. We are only paid if we get you an award of damages and receive a percentage of that award. Our percentage of your award can be anywhere from 25% to 35% depending on your circumstances in most cases.
Can I take legal action for a deceased family member?
If your loved one passes away, the remaining family member or representative of the deceased person’s estate can take legal action against the party whose negligence led to the wrongful death. In these scenarios, the family may bring the responsible, negligent party to justice and obtain financial compensation for medical bills, mental anguish for loss of companionship, funeral expenses, and any other psychological or physical damages.
The insurance company for the driver who caused the vehicle accident that caused my injuries called and offered a settlement. Should I take it?
After an accident, many insurance representatives quickly contact the dazed and psychologically injured victims to offer them a small settlement to get them not to purse any further legal action. Before considering any such offers you should contact an injury attorney. The settlements offered by insurance companies at the beginning to unrepresented individuals are almost always less than what you might be offered later on in the injury clai process or after the lawsuit is filed.
Should I talk to the insurance company without legal assistance?
You should never make any sort of statement to an insurance company without talking to an attorney first. Never sign anything or accept any offers without talking to a lawyer. Those offers are almost always below the amount you are entitled to so call and let us deal with the insurance company for you. You don’t pay us anything to do this up front. We are only paid from the amount you will receive later in the process.