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Frequently Asked Questions
Frequently Asked Questions Return to Our Cases
What is a Personal Injury?
A Personal Injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto accidents
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation Disasters
- Professional Malpractice
- Workers Compensation
- Wrongful Death
- Toxic Exposure
- Home Accidents
- Dog Bites
How do I know if I have a Personal Injury claim?
To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.
How do I know if I may need an attorney?
If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. Most firms offer a free consultation, with no obligation; therefore, you have nothing to lose by consulting an attorney before you accept the insurance company offer. There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.
What is a Contingency Fee?
A contingency fee represents a certain percentage of the recovery in the client's case. Contingency fees cannot be used in divorce cases, child custody cases, and criminal cases. Many attorneys will take certain types of civil suits, such as personal injury cases on a contingency fee basis, where they do not change a fee unless they recover money for the client. There are, of course, legal costs involved in litigation. Ordinarily the client will be required to repay those costs even if there is no monetary recovery.
If I have a personal injury claim do I have to go to court?
Most personal injury cases are settled out of court between opposing lawyers or by the insurance company. If a case does go to trial you most likely will have to appear so that your testimony can be heard.
What is the Statute of Limitations?
The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. There are some exceptions and an experienced lawyer can help you with them.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on its complexity.
