Personal injury law addresses situations where a person gets hurt due to someone else’s carelessness. It can cover physical injuries, emotional distress, and financial losses. This law aims to compensate victims fairly.
Personal injury law might seem overwhelming. Be it a car crash, a slip and fall, or medical malpractice, you’re bound to have a few pressing questions.
This article lists five of the most common FAQs about personal injury law. These questions focus on compensation, timelines, and legal rights. Read on.
- Do I Have a Valid Case?
If your injuries were caused by someone else, and you’re quite sure of it, then your answer is a big yes: you do have a case.
But how do you go about it?
How can you prove this?
How do you face the insurance companies?
This is where the need for a professional attorney arises. An attorney breaks down this complex legal process into an extremely easy case for you, just in case you’re confused and don’t know what to do.
- What Should I Do Immediately After an Accident?
This is another important question that comes to mind. The steps you take after an injury can significantly impact your claim. These steps may include:
- Collecting evidence: Take photos of your injuries and also the location where the accident happened. If it’s a car accident, take photos of both vehicles to prove further damages. It is also advised you gather witness contacts and keep records of all related expenses.
- Seeking medical attention: Always document your injuries with a professional.
- Reporting the incident: Whether it’s to the police, or your employer or your insurance company, ensure that the event is officially recorded.
- Consulting an attorney: A skilled lawyer can guide you through legal complexities and ensure you don’t miss critical deadlines.
- How Long Do I Have to File a Personal Injury Case?
This is where the term “statute of limitations” comes in. It is the time limit a person has to report or file a case from the time the incident happened. The statute of limitations varies by state but is generally between one and three years from the date of the incident.
Some exceptions exist for cases like medical malpractice or injuries involving minors. Missing this deadline almost always means forfeiting your right to seek compensation.
- Do I Need a Lawyer for My Case?
Having a lawyer significantly boosts your chances of success. Personal injury attorneys handle everything from negotiations with insurance companies to court representation. They also ensure you don’t settle for less than what your case is worth.
Most personal injury lawyers work on a contingency fee basis, meaning you only pay if they win your case.
- How Is Compensation Determined?
The two categories mentioned below cover different kinds of losses you might face after the injury.
Economic Damages: These are the costs that you can clearly see and count. For example, medical bills for your doctor visits, surgeries, or rehab treatments. If you miss work because of your injury, you can also get compensation for lost wages, which is the money you would have earned if you were able to work.
If your personal stuff, like your car or phone, was damaged in the accident, the cost to repair or replace it also counts as economic damages. These damages help cover the actual financial losses you’ve faced because of your injury.
Non-Economic Damages: These are harder to measure, but they are just as important. For example, pain and suffering refers to the physical pain you feel from the injury. It also includes emotional struggles, like anxiety or sadness, that may have come from the accident.
Another type of non-economic damage is the loss of enjoyment of life, which means how the injury may have stopped you from doing the things you love, like playing sports, spending time with family, or just living life the way you used to.
To figure out how much compensation you deserve, courts and insurance companies use different types of evidence. Medical records show the details of your injuries and the treatment you’ve had. Pay stubs can prove how much money you lost from missing work.
Experts, like doctors or therapists, might also explain how the injury has affected you long-term. All of this information is put together to help calculate your total compensation.