Documentation is of utmost importance in personal injury cases. Photographing or filming the scene as well as collecting physical evidence such as clothing or equipment damaged can assist your attorney in proving the severity of your injuries.
Medical experts can provide insight into the long-term ramifications of your injuries, helping strengthen your claim for economic damages such as lost earnings.
What is a personal injury lawsuit?
Personal injury lawsuits involve one party (the plaintiff) filing suit against another person or business (the defendant) because of physical or emotional harm caused to them by that party; those injured then seek monetary damages from those responsible.
Plaintiffs typically file a legal document known as a complaint with the court that details all parties involved, alleges wrongdoing by one or more defendants and requests certain types of damages from them. Should their case go to trial, either judge or jury will adjudicate to determine fault and decide upon an award of money damages.
Law generally uses negligence as the measure for who is at fault in injuries sustained, determining who acted with careless disregard for others. There may also be instances when other terminology, like recklessness (for instance if an officer runs a red light and causes an accident) is used; when this occurs, courts will consider whether these acts were intentional.
What are my rights?
As the plaintiff, you are entitled to seek fair recovery of all damages related to your injury, both economic and non-economic. Economic damages include medical bills, prescription costs, device costs and lost wages as well as any future earning capacity lost; non-economic damages include pain and suffering and emotional trauma.
Personal injury lawyers can assist in estimating the value of your claim by reviewing its details and how it has affected your quality of life. They may consult medical experts who will offer more accurate assessments, including expected treatments and long-term impacts to your health.
Litigating personal injuries can take anywhere from three to five years depending on the nature and severity of the incident, so as the plaintiff it’s essential that all necessary evidence – photographs and witness statements as well as police/accident reports/medical documents – be collected.
How do I know if I have a case?
As part of your conversation with an attorney, it is important to provide details regarding your injury and its effect on your life, in order for them to provide an unbiased opinion on whether you have a strong claim. In order for that discussion to happen effectively, an in-depth conversation must take place during which all pertinent information should be disclosed – during such consultation sessions you may be required to answer specific questions about them as part of a consultation meeting.
Consider factors like experience, specialization, reputation and communication skills when choosing an attorney to represent you. Furthermore, inquire as to their frequency in attending court trials as well as knowledge of local laws in your state or municipality.
Also be sure to inquire as to the length of time the statute of limitations covers for your specific situation and if there are any circumstances under which it could be extended or tolled. Finally, it is also crucial that you have an idea of how much compensation you are seeking in order to set realistic expectations regarding its outcome.
How do I know if I should hire an attorney?
Personal injury lawyers typically work on a contingency basis, meaning they only receive payment if their client wins their case. This arrangement aims to align their interests with those of their client and can create an ideal working partnership.
As you research personal injury attorneys, inquire whether or not they participate in legal organizations dedicated to representing injured parties. Such groups often sponsor legal publications and lobby for the rights of injured people.
Ask how long the lawyer has been handling personal injury cases to assess its strength.
As soon as an incident takes place, it is also wise to start documenting it immediately. This should include taking pictures, gathering witness statements and police/accident reports as well as any other relevant documentation for your claim. In addition, be wary of attorneys who use aggressive or unethical solicitation tactics – such as cold calling, texting or spamming. Such practices are typically forbidden under State Bar ethics rules. It would be prudent to avoid “ambulance chasers”, who may lack experience handling trial litigation proceedings.