Insurancecompanies claim that more than three million people are injured in accidents every year in the United States alone. You can be injured in a myriad of ways. You can be injured on your property using a product you bought, doing something on the job, walking through a mall, and so on. And if someone gets hurt and someone else is at fault, the victim(s) of the accident have every right to be compensated in proportion to the extent of the injury.
However, dealing with the intricacies of the legal system is best left to the professionals.
The Personal Injury Law (PIL) is a section that covers a number of accidental situations, including motor vehicle accident injury, a slip and fall, medical negligence or malpractice, and any sort of liability that leads to an injury. All subsequent accidental injuries can be used to sue a defendant under a legal category, known as “torts.”
A personal injury attorney is someone that will typically work for you on a contingency fee basis, which means that they take a considerable percentage of the settlement that has been awarded to the plaintiff. A personal injury settlement is usually the consequence of a police complaint being filed against the defendant, and very rarely goes on to the trial stage since most people prefer out of court settlements since going to trial is wrought with risk.
No matter what the cause of your injury, you are going to want to find a fantastic and dedicated personal injury attorney if you want to increase your chances of winning the case. Either way, it’s going to be a long, confusing, and tedious process, so here’s some useful information regarding personal injury and also legal aid.
When can you make a personal injury claim?
A few vital basics of seeking legal aid for personal injury are:
- Victims are eligible to claim damages when they suffer from a personal injury and can prove that the injury was a consequence of someone else’s laziness or negligence.
- There are strict federal and state laws that set time-based limits and requirements for those who wish to make a personal injury claim.
- There are separate laws that cover the following:
- vehicular accidents
- injuries suffered by a criminal act
- general personal injuries
- work-related injuries
What to ask your attorney?
Before you consult with your personal injury attorney, know that you’re going to have to be clear and concise about some basic concepts, so you should probably ask these questions:
- What are my chances of success?
- How much will I get if I win?
- How much is it going to cost me?
- About how long is this process going to take?
- How much you’ll have to pay your attorney when and if you come out on top?
Your attorney probably won’t be able to provide you with precise answers since they may vary depending on your unique case. That being said, they should be able to answer many of your questions and if they cannot, you may be speaking to the wrong person. This is what the first consultation is about, so both sides can determine the other side’s value.
How much to ask for?
Another major point of concern is the amount of compensation that you should ask for, and although there might not be any set limits for this figure, it’s always best to reach an amount that is both fair as well as reasonable for both sides. The kind of injury and extent of the injury will play a major part in deciding the amount of money you should hope to receive. There are two main categories for which you can claim your damages: actual and punitive.
Actual damages – These cover the direct injury or damage caused and include special or compensatory damages, as well as general damages incurred for physical or emotional pain and suffering.
Punitive damages –These relate to other kinds of damages and are awarded to the plaintiff as a punishment for the defendant. It also acts as a deterrent, potentially avoiding a repeat of the same crime by the same person. Such damages are applicable when a crime is provoked by fraud, violence, or wanton destruction of property.
If you’re filing a personal injury claim, you could be in a situation where you cannot work and will need to sustain yourself during this period of unemployment, until you recover from your injury and/or the legal battle ends. So you need to consider the financial losses you will have to deal with and add it to your compensation request.
Also, make sure that you discuss your finances with your attorney, well before filing your complaint and initiating your claim. Both of you should be on the same page for a variety of reasons.