Many people suffer an injury because of an accident through no fault of their own every day. You don’t have to suffer injuries and losses silently, however. You can hire a personal injury lawyer to fight for your rights. But when do you know it’s time to hire a lawyer? Keep reading to find out more. There are situations where you will be at a severe legal and financial disadvantage without retaining counsel.
Then, talk to an Inverness personal injury lawyer in your area today to find out if you have a case. You can receive compensation for your injuries and damages.
What Is A Personal Injury?
A personal injury occurs when someone suffers a physical injury, not an injury to their property. A personal injury may also involve property damage, but there must be physical harm, too.
When someone causes a personal injury to you, such as in a car accident, you can file a personal injury claim against that person. Hiring a personal injury lawyer to help with your personal injury claim is often recommended. Your attorney can protect your rights and ensure you receive the most compensation for your injuries and damages.
Most personal injury claims end with an insurance settlement with the liable party’s insurance company. However, your attorney can file a personal injury lawsuit if settlement negotiations fail.
The law allows you to recover damages when you suffer a personal injury because of someone’s negligence. Negligence means that the party who caused the injury acted in a way that a reasonably careful person wouldn’t have in the same circumstances. To win a personal injury claim, you must prove that the other person had a duty of care to you, violated it, and caused your injuries and damages.
For example, suppose a driver ran a red light and hit you in a crosswalk. You suffered a broken arm and road rash. Your personal injury attorney will need to prove that the driver violated their duty of care to drive safely, hit you in the crosswalk, and caused your injuries and damages.
What Are The Common Types Of Personal Injury Cases?
A personal injury claim can occur whenever someone’s negligence harms another person. Some of the typical personal injury cases include:
- Auto accidents: Motor vehicle crashes cause the most personal injury claims and lawsuits. Auto accidents include crashes involving cars, motorcycles, and other motorized vehicles.
- Bicycle and pedestrian accidents: Cars hitting bicyclists and pedestrians often cause severe and fatal injuries. Always retain a personal injury attorney if you’re an injured pedestrian or cyclist struck by a motor vehicle.
- Truck accidents: Traffic collisions with large commercial vehicles are often particularly severe due to the size disparity between semi-trucks and passenger vehicles. These claims are also complicated due to technical evidence, federal trucking regulations, multiple parties, and other factors.
- Slip and fall accidents: Property owners must ensure that their properties are reasonably safe and free of hazards. You can have a slip and fall claim if you fell and injured yourself in someone’s home, a business, a restaurant, a sidewalk, a parking lot, etc.
- Boating injuries: Injuries on the water are common, with intoxication and lack of understanding of boating rules being common causes of claims.
- Product liability claims: Consumer products are supposed to be safe and free of defects. But sometimes products malfunction and injure or kill people. Talk to a product liability attorney if you think a defective product injured you.
- Wrongful death: When someone suffers a fatal injury due to someone else’s conduct, it falls under the umbrella of personal injury law. Wrongful death claims can stem from any of the above accidents, as well as violence or any other form of negligence or misconduct by another person or business.
You should have a personal injury attorney review any case where your injury was possibly caused by another party’s mistake or negligence. Reputable injury attorneys work on a contingency basis, so they are only paid if your case is successful. You do not usually incur upfront legal expenses with a personal injury case, so you do not pay out-of-pocket costs. This means most people can afford to hire a personal injury attorney, regardless of their financial situation.
When Do You Need A Personal Injury Lawyer?
Were you recently injured in an accident or incident because of someone’s negligence or wrongful action? You can always benefit from speaking to a personal injury attorney. To find out if you have a case, ask an attorney to review your case for free today.
There are several scenarios where you should always retain counsel:
You Have A Serious Injury
Suppose you have a serious injury from a car accident, such as a brain injury, spinal cord damage, or amputation injury. These injuries are severe and possibly permanent, so you should always have a personal injury attorney in your corner. Why?
A severe injury, such as brain trauma, can lead to years of medical treatment, long-term care, and even permanent disability. The cost can be in the tens of millions of dollars. Can you afford such an expense? Few can without money from a personal injury lawsuit.
Your personal injury lawyer has the experience and training to maximize your settlement or jury award. They will work hard to negotiate the best settlement by presenting your case in the best light.
The Insurance Company Fights Your Claim
Insurance companies make money by taking in more premiums than they pay in claims. It’s common for insurance companies to use strategies to minimize or deny your claim. For example, the insurance company may slowly walk the claim in a car accident claim. They know you probably need money to pay your bills. The longer they delay the claim, the more likely you may take a low settlement.
The insurance company may also call you after the accident and encourage you to take less than you deserve. They want you to sign settlement papers before you talk to a personal injury attorney.
You should certainly retain a personal injury attorney if the insurance company delays or fights your claim. An attorney will ensure you are treated fairly and get the best settlement.
Several Parties Are Involved
Proving fault is the key to most personal injury claims. This process gets complicated if several parties are involved. For example, suppose a truck driver hits you on the highway, but several other vehicles are involved. Liability can be shared between two or more drivers and possibly the truck driver’s employer.
Figuring out who is at fault and to what degree requires attorneys and insurance companies to negotiate. Your best interests lie in having a personal injury attorney representing you.
You Don’t Know What Your Case Is Worth
It can be difficult for a layperson to value their case accurately. For example, in a serious car accident, you can have thousands in medical bills, but you don’t know how much medical care you will need in the future. You also don’t know when you can go back to work.
Your personal injury attorney regularly determines the value of accident claims. They can retain medical experts, economists, and occupational specialists to value your case accurately. That way, you will maximize your settlement and have all the money you need to move forward.
The Case Goes To Trial
You should always retain a personal injury attorney if a claim might go to court. It is challenging to represent yourself effectively in a personal injury lawsuit if you don’t know the court procedure and rules of evidence. The judge will expect you to understand how to conduct yourself in court, so hiring an attorney is best.
A Commercial Entity Is Involved
If you slipped and fell in a restaurant and broke your arm and leg, you will deal with a corporation and its insurance company during the claims process. It is best to retain a personal injury attorney to represent you. Large companies have many lawyers and insurance adjusters to limit payouts. Your attorney will ensure that you receive the most money for your losses.
You Have Delayed Onset Injuries
Some accident injuries may not appear immediately and can take days or weeks to be noticed. For example, suppose you notice tingling and numbness in your lower legs and feet a week after a car accident. You could have nerve damage from the car accident, but the injury wasn’t noticeable right after the crash.
You should retain a personal injury attorney immediately. Your attorney can guide you through the claims process and ensure the liable party is responsible for your injury. Also, remember to seek immediate medical attention after the accident, even if you overlook injuries. Getting your injuries on the medical record immediately always makes your case easier.
An Uninsured Driver Injured You
Many personal injury claims involve uninsured drivers. Unfortunately, some drivers choose not to purchase auto insurance, even though it is against the law. Obtaining compensation from an uninsured driver is more complex but not impossible. A personal injury attorney knows how to handle claims with uninsured drivers.
They may find another insurance policy that can pay you benefits. Another option is to file a claim on your own insurance if you have uninsured driver coverage.
The Best Time To Contact A Personal Injury Attorney
The sooner you hire a personal injury attorney after the accident, the better the odds of a smooth claim process. Waiting to hire a personal injury attorney can be problematic. Sometimes, the plaintiff may say or do something that damages their claim. Your attorney can also obtain evidence that can be difficult to find, such as a truck driver’s black box data and hours-of-service records.
What Is Your Personal Injury Claim Worth?
You have a serious injury from an accident caused by another party. You have medical bills, and working is impossible in the foreseeable future. What is your case worth? Every personal injury claim is different, so your case can be worth more or less than another. Most personal injury claim payouts depend on these factors:
Severity Of Your Injuries
Generally, the more severe the injury, the higher your settlement. For example, a serious brain injury is worth more than a broken bone. Brain injuries usually involve years of medical care and therapy, while a broken bone - still a serious injury - will heal within a few months.
Medical Expenses
People with severe injuries have higher current and future medical bills than those with minor injuries. A personal injury lawyer should be consulted in a serious injury case to ensure you receive proper compensation for future medical bills.
Insurance Coverage
Your payout will also depend on the insurance coverage available. It can be challenging to receive maximum compensation if the liable person has limited insurance coverage. Your personal injury attorney will help find every possible insurance policy to provide compensation. Most car accident claims are covered by auto insurance, but other insurance policies can be available.
Lost Earnings
Most injury victims lose work compensation as they heal and recover. Someone with a serious injury can lose months or years of work time, so you should be compensated appropriately. A catastrophic injury may cause permanent disability, so you should receive lost earning capacity compensation.
Pain And Suffering
Suppose you suffer several compound fractures in a motorcycle accident. These are painful injuries, and your pain can be excruciating. You should receive more compensation for your injuries than if you suffered a less severe injury.
Your personal injury attorney will speak to your doctors and document your injuries and level of pain and suffering.
Speak To A Personal Injury Lawyer Now
You have injuries from a serious accident. You’re out of work and don’t know how to pay your bills. Your best bet is to retain a personal injury attorney to stand up for your rights. Compensation for medical bills and lost earnings is possible, but you need a skilled attorney to maximize your claim. Speak to a personal injury attorney today for more information.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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