In many ways, an accident can be devastating. Whether you’ve broken a bone in a car accident, hurt your back in a slip-and-fall, or suffered any number of personal injuries, a personal injury lawyer can help.
Following a personal injury, it can be challenging to adapt to the new physical restrictions of your recovery. You may have hospital or doctor’s bills—a financial stressor made worse by time away from work. Finally, dealing with the emotional consequences of knowing your accident was caused by the carelessness of another can leave you despondent.
Fortunately, a personal injury lawyer can help you take action. By filing a civil suit against the at-fault party, you could recover damages for your injuries. The process can be challenging, however—between investigating your case, filing paperwork on time, and even negotiating a fair settlement with the insurance company. Let our personal injury lawyers review your case.
Filing a Personal Injury Claim: The Basics
Personal injury refers to the broad spectrum of physical damages you are liable to suffer in an accident. Some personal injuries are minor; others, are severe. Injuries are also often classified as temporary or permanent, or total and partial, according to the new limitations these may impose on your ability to work or care for yourself. Some personal injuries may include:
- Brain Injury
- Back, spinal cord, or lumbar injury
- Broken or fractured bones
- And others
Personal injury law, also known as tort law, is a subset of civil law that aims to protect you in the event that you or your property has been damaged by someone else’s action, and in some cases, inaction. At the heart of personal injury law are negligence and damages: in order to file a successful claim, you must prove that another party acted negligently, thereby causing your damages.
And what can filing a claim do for you? As the victim of personal injury caused by another party, filing a claim allows you to seek economic compensation, also known as damages, from the at-fault person or group. The range of damages that may be available to you in a personal injury action depends largely on the nature and extent of the damages you’ve received.
In the past, personal injury victims have been successful in presenting claims for damages of both economic and non-economic nature. Some of these may include:
- Medical bills, including emergency fees and bills for ongoing treatment
- Loss of income
- Temporary or permanent disability
- Property damages
- Pain and suffering
- Loss of enjoyment of life
- Punitive damages
Often, it can be difficult to understand the true value of your personal injury claim. That’s why speaking to a trusted doctor can only help you to seek treatment for your injuries, but also get a better idea of the cost of your medical expenses. With your cost of treatment as the cornerstone, your case can be strengthened by allowing an experienced personal injury attorney to undergo the process of civil discovery.
Types of Personal Injury Accidents You Can Recover Damages For
In theory, as the victim of an accident caused by another’s carelessness, you can file a personal injury claim against the responsible party for any number of accidents. In the context of personal injury, some of the most frequently seen accidents include:
- Car Accident Lawsuits – Car accidents often result in devastating injuries for the victims. Figuring out who the responsible parties are can be complicated, especially for accidents involving multiple actors.
- Truck Accident Lawsuits – Trucks, due to their sheer size, can cause catastrophic injuries and damages to accident victims. Dealing with the insurance complexities of trucking companies and individual drivers can be challenging. A personal injury lawyer can help.
- Premises Liability Lawsuit – These lawsuits refer to the responsibility of property owners for visitors to their property’s safety. Whether you’ve been injured by a dog bite, pool accident, or a slip-and-fall at a local grocery store, a premises liability claim can help you recover damages.
- Wrongful Death Lawsuit – When a loved one dies due to the negligence of another, you as the family have the right to present a wrongful death claim against the at-fault party. These suits are often complicated and emotional experiences for surviving family members, which is a factor that leads many to retain the services of an experienced attorney.
- Medical Malpractice Lawsuit – Sometimes, a doctor or medical professional’s action or inaction can lead to severe consequences. Filing a successful medical malpractice lawsuit often requires expert testimony, but can allow you to gain access to the compensation you deserve for your damages.
Tort Laws: Fault or No-Fault?
Although some states around the country observe no-fault rules for car accident claims, some states are fault states. This means that the injured party is able to take direct civil action against the at-fault party for their damages instead of defaulting to their own insurance protections first.
Most states follow modified comparative negligence, which could see the amount of your monetary award or settlement reduced by the portion of the accident for which you are found responsible.
Examples of this rule are often seen in car accident claims, where responsibility for the accident can be distributed between two or more parties. In a typical rear-end case, for example, the plaintiff may think that the party driving behind them will automatically receive 100 percent of the blame for having caused the accident.
In fact, there may be some factors, such as the driver in front slamming on the brakes suddenly, that lead a court to determine that the at-fault party is only 80 percent responsible. In that case, a damage award of $20,000 would be decreased by 20 percent, leaving the plaintiff with $16,000 in damages.
An insurance company may also consider the impact of modified comparative negligence during negotiations for an out-of-court settlement.
Personal Injury Lawyer FAQ
A generic list of commonly asked questions can never be taken as personal legal advice from an attorney. With that said, these are some frequent questions we get from our personal injury clients.
Is there a limit to the damages I can receive?
Although some states impose caps, or limits, on the amount of money that you can receive in a personal injury judgment, most states do not.
How long do I have to file a personal injury claim?
Your timeline will be determined by the statute of limitations on personal injury claims. This means that, generally, you have two years from the date of your accident to file a personal injury claim.
Is a personal injury lawyer right for me?
Although it’s possible to file a claim alone, many plaintiffs have increased the size of their settlements or awards by retaining the services of an experienced lawyer.
Contact a Personal Injury Lawyer
When you’ve been injured, you only have one chance to recover the compensation you deserve. At Monge & Associates, we have the experience you need to recover with confidence, and we can help you maximize the value of your settlement.
Call 888-292-1257 or fill out the form below to receive a free case evaluation from an experienced personal injury lawyer at Monge & Associates.