Frequently Asked Questions about Personal Injury Cases

Published on: 19 January 2021 Last Updated on: 24 December 2024

If you are injured in an accident – car accident, workplace accident, assault, or medical malpractice – you likely have many questions. That is perfectly natural and understandable. The best way to get answers is to contact a personal injury lawyer who can help you based on the details of your situation.

In the meantime, we offer some answers to the most frequently asked questions about personal injury cases. We hope you will gain some insight to help you begin the process of filing a personal injury claim and getting the compensation that you deserve.

Frequently Asked Questions about Personal Injury Cases

Q: What is a personal injury?

A personal injury occurs when someone’s negligent or reckless behavior causes harm to someone else. Some examples of personal injury cases include:

Car accidents
Medical malpractice
Slip and fall accidents
Product liability
Workplace injuries
Birth injuries
Wrongful death

You need to understand that if you are fighting a personal injury case of a specific nature, it is always best that you get experts that have experience in that field. In other words, you should look to work with and hire specialists rather than generalists. To understand this better click on more info.

Q: How do I know if I have a case?

The only way to find out if you have an actionable personal injury case is to speak with an attorney. A personal injury attorney will evaluate the details of your situation and let you know if you have a case, and if so, how to proceed.

Q: How much is my case worth?

The “value” of your claim, or how much your case is worth, depends on a variety of factors. These factors include:

The circumstances surrounding the accident
The severity of your injuries
Limits on insurance coverage
Medical expenses
Estimated future medical expenses
Lost wages or earning capacity
Pain and suffering
Loss of consortium

Once these factors are taken into consideration, you can obtain an estimate of your case’s value. Remember that an estimate is not a guarantee.

Q: What types of compensation can I get through a personal injury claim?

Plaintiffs (the person filing a personal injury claim) may be able to obtain several different types of compensation, depending on their case. Most often, personal injury claims seek compensation for:

Current medical bills
Anticipated future medical bills
Loss of income
Pain and suffering
Mental anguish
Loss of consortium
Punitive damages

These are somewhat broad examples of the types of damages that you may be able to pursue in a personal injury claim. The types of damages relative to your case will depend on the facts of your case.

Q: Do I need an attorney to file a personal injury claim?

Legally speaking, you do not have to hire an attorney to help you file a lawsuit. However, it is highly recommended. A personal injury attorney can benefit your case in a lot of ways. For example, these attorneys know how the system works and what all needs to happen in order for you to obtain a settlement or verdict. Also, if legal snags hold up your case in the court system, an attorney can help sort things out and get your case moving again.

Another benefit of working with an attorney is that attorneys are skilled negotiators. If the other party (defendant) offers you a settlement that is low or unreasonable, an attorney can negotiate on your behalf to ensure that you get maximum compensation.

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A Civil Way of Separating: 6 Questions and Answers About Collaborative Divorce

A collaborative divorce is one in which spouses work together, with their lawyers, to reach a divorce agreement instead of taking the case to court. This process can help reduce stress, enable the couple to get divorced faster and help the couple save as much money as possible through the divorce process. While this is a relatively new way to get a divorce, this is one many couple are choosing because it can make the divorce process easier on everyone involved. How Does Collaborative Divorce Work? During the collaborative law process, both spouses hire a collaborative divorce lawyer to protect their interests and help them through the divorce process. The lawyers and spouses will then have a series of meetings to identify the issues that need to be resolved and work on coming up with a solution that’s good for everyone. Other professionals may be called in to help facilitate these discussions and help the spouses find a good solution. How Expensive is a Collaborative Divorce? A collaborative divorce can be expensive, depending on how long it takes and how many professionals need to be brought in to help work out any issues. Traditional divorces will end with couples spending more than $20,000 for divorces that go through a trial. A collaborative divorce, on the other hand, doesn’t involve going to trial so, even with the added cost of help from professionals, the collaborative divorce is far less expensive. Can Anyone Seek a Collaborative Divorce? Any couple can seek a collaborative divorce, so long as both spouses are available and willing to work through the process. High-conflict divorce cases can be solved through the collaborative divorce process without the divorce needing to go through a trial. A collaborative divorce won’t be available if one spouse cannot be found or if one spouse does not wish to try this process. Is it Possible to Switch from a Standard Divorce to a Collaborative Divorce? Yes, but only if both spouses are willing to give a collaborative divorce a try. If the spouse who has already filed does not have an attorney trained in the collaborative divorce process, they must be willing to end the current divorce case and start over with a new lawyer. What Happens if One Side is Dishonest? While a collaborative divorce depends on honesty between spouses, it’s possible that one side will be dishonest during the process. If any dishonesty is found, the lawyer for that side is required to let the other side know and to withdraw from representing their client. What Happens if an Agreement Can’t be Reached? A collaborative divorce will work out well in most cases, but there is always the chance that spouses cannot come to an agreement. If this happens, the spouses can decide to quit the collaborative divorce and start over with a divorce that goes to trial. In this case, they will both be required to find new attorneys to help them through a traditional divorce. If you are planning on getting a divorce, a collaborative divorce might be worth a try. Speak with a collaborative divorce attorney today to learn more about whether this is right in your situation, how you can get started, and how you can talk to your spouse and encourage them to start the collaborative divorce process. Read Also: How To Avoid A Toxic Divorce Benefits Of Using Divorce Lawyers Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage

Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

Medical negligence, car accidents, defective products, dog bites, slip and fall injuries… The list of personal injury accidents can go on and on. The thing that should be noted is that all the above-mentioned accidents can result in grievous injuries. While some of them might not be fatal, it is true that a lot of individuals lose their lives every year in personal injury cases. If you are looking to file a personal injury lawsuit in the state of South Carolina, you should be aware of the facts. This is because the rules and regulations governing the administration of personal injury lawsuits differ from state to state. If you are not aware of the specifics of filing one in South Carolina, you might not get the desired solution in the form of settlement claims or compensation you are looking for. This is going to cause an unnecessary financial burden on top of the turmoil you are going through. In this resource article, we are going to list seven important things you should know when filing a personal injury lawsuit in the state of South Carolina. If you or someone you know is looking to file a personal injury claim, you should check out what we have to say in the article. Filing a Personal Injury Lawsuit: Is it absolutely necessary? The first thing that you should note is that there is a difference between a personal injury claim and a lawsuit. If you have been injured because of the irresponsible actions of someone else, you need not file a lawsuit right at the beginning. This is because, in most instances, the insurance company of the person responsible for the accident and the consequent injury will help you with the compensation amount required. Yet, it has been found that in a majority of cases, insurance companies have been found to strongarm victims into accepting lower amounts of compensation than they are rightly entitled to. The reason is simple- every time an insurance company pays, it compromises its profits. You should be looking to file a personal injury lawsuit if- You find that the insurance company is purposely delaying the disbursal process for the compensation. The person responsible for the accident is hesitant to share their insurance details with you. The extent of damages is far beyond what the insurance company can pay as part of its coverage. In such instances, you need to hire a personal injury attorney South Carolina and take the case to court to help you get what you deserve in terms of the losses suffered. 7 Things you should know when Filing a Personal Injury Lawsuit in South Carolina: 1. Hiring a Personal Injury Attorney- Studies have shown that individuals that lawyer up when filing a personal injury lawsuit are able to recover far more than people who go at it alone. This is why the first thing you should do when you want to move the case from a claim to a lawsuit is to hire an experienced personal injury attorney for your case. This will allow you to focus on getting better physically. 2. South Carolina has a Statute of Limitations- The period of filing a personal injury lawsuit in the State of South Carolina is fixed. The term period for the same is 3 years from the date of the accident. You need to file a personal injury lawsuit within the three-year period, or it will not be entertained by the courts thereafter. Make sure that you are not delaying it indefinitely since it sends the wrong message to the court. 3. Never sign anything given to you by the Insurance Company of the accused- You have no idea about the extent insurance companies can go to save their skin. They do not want to pay up. This makes them resort to unfair means like asking you to sign complicated paperwork that might compromise the integrity of the personal injury case. It is best that you refer all official documents sent to you by the insurance company to your attorney. 4. A Personal Injury Lawsuit can be won even before the start of the court proceedings- Yes, there are two main ways how you can win a personal injury lawsuit. When you file a case, the lawyer and insurance company of the accused will try to get the case settled before it goes to trial if they believe it will help them minimize the settlement amount. On the other hand, a case can go to the Jury for their decision, and whatever the court orders will have to be paid. 5. The point of a Personal Injury Lawsuit is to Fix Fault or Negligence- There is only one way to get the settlement compensation you want- fix negligence. You need to prove that the accident and the subsequent injuries were squarely the faults of the accused. In other words, it was their negligence that resulted in you receiving injuries and spending time in the hospital. This is what will help you get the maximum traction for your lawsuit. 6. Gathering evidence and building a solid personal injury lawsuit is a top priority- In most personal injury lawsuits, it all boils down to the nature of the evidence that is being presented in support of your claims. This is where an experienced personal injury attorney and their team of investigators can prove to be an invaluable asset for your lawsuit. They will be able to gather evidence whose examination will be able to establish the guilt and negligence of the accused. 7. Personal injury lawsuits can drag on for months and be very time-consuming- Yes, it is true that some personal injury lawsuits are settled within a month, whereas others can run for one or even two years. There is a certain sense of the complexity involved when it comes to personal injury lawsuits. You need to be prepared for the long haul if you want to see this through. Make sure that you pay attention to the fees for your personal injury attorney. The Final Word When it comes to personal injury lawsuits and the claim amount, it is not only about helping you pay the medical bills. If the injury is serious, you need to ensure that the compensation that is being offered makes up for lost wages, takes care of the medical care you need during the recovery stage, and more. If you have any more questions regarding personal injury lawsuits in the State of South Carolina, please let us know in the comments section below. Read Also: What Personal Injury Law in California Involves What Are The Effective Ways To Communicate With A Personal Injury Lawyer Road Accidents And Personal Injury Lawsuits: How To Fight For Compensation

Motorcycle Accident Attorney: Ask When You’re In An Accident

When it comes to hiring a trusted and reputable motorcycle accident lawyer, you have to choose one who is qualified, experienced, and familiar with your local personal injury law or tort law, specializing in motorcycle accident cases. However, when you’re in the actual situation, it can be tough to choose a lawyer if you’re not prepared. When you’re in an accident, you need to contact a motorcycle accident attorney right away after ensuring that you’re safe. In this post, you’ll learn the relevant questions to ask when you’re in a motorcycle accident. Can You Come Over the Place of Incident? You’ll prove that a motorcycle lawyer is earnest in helping you by asking this question. This is why it’s crucial to choose one who is locally available or located in your area. No matter how busy the lawyer is, your situation is considered an emergency. A willing motorcycle accident lawyer will say ‘yes’ or try to send a legal representative to answer your questions in case the attorney is in the middle of an important meeting or unable to come. What Should I Do After a Motorcycle Accident? The things you’ll do after a motorcycle accident will have a significant impact on getting the maximum compensation benefit you’ll receive for your damages. Your motorcycle attorney should know what specific actions can hurt or help insurance claim settlements and jury verdicts. Here’s what a motorcycle accident lawyer usually suggests to help protect your interests after an accident: Seek medical attention immediately. More than anything else, your health and safety should be your priority. The common injuries associated with a motorcycle accident include burns, disfigurement, fractures, spinal cord injuries, and brain injuries, and the hospital or emergency room staff should document all of these. Don’t talk to any representative of an insurance company. After receiving medical treatment, you can contact your lawyer to discuss your case. Do I Need to Make a Statement to the Police? Don’t give your side of the story or any statements to the police without your lawyer. Insurance companies usually combine data to police reports as evidence to point out that the rider might be at fault, thus reducing or denying compensation benefits. Tell the authorities that you can’t make any statements because you need to seek immediate treatment for your injuries. It’s your right to remain silent and refuse to give a statement, most especially if you’re still in a state of shock or confusion. Do I Need to Take Pictures of the Accident? A motorcycle accident or any road crash can be chaotic. Taking photos is critical after ensuring your safety because pictures are compelling evidence. Motorcycle accident photos documenting the damages and injuries can make a big difference between an unsuccessful and a successful insurance claim. Here are the essential benefits of taking motorcycle accident photos: Show the contributing factors that led to the accident Show the extent of damages and injuries that you suffered caused by the collision Show details that can prove the relevance of your claim, like witnesses and posted traffic signs Remind you of the smallest details of the incident that you’ve forgotten Evidence to substantiate the fault or mistake of other parties and your injuries How Should I Take Motorcycle Accident Photos? Since you know how essential taking photos of the motorcycle accident scene is, it’s also important to ask your lawyer what pictures to take to be accepted as good evidence. Here are some suggestions from expert motorcycle accident lawyers: Take photos of property damages, including external and internal damages to all vehicles involved, damage to road signs and roadways, and buildings or objects. Capture multiple shots of the motor accident damage, including debris, skid marks, and pedestrian lanes. Take pictures of your bruises, wounds, and other injuries. Take pictures of nearby traffic signs that can present clues in reconstructing how the motorcycle accident happened. Photograph police officers, the other driver, passengers, and witnesses to help you recall the people you’ve dealt with after the accident. Take pictures of the license plate number and the make and model of the other vehicles, including the driver’s license, registration information, and insurance of the other driver. Conclusion: You can recover the full compensation that you’re entitled to by immediately contacting a motorcycle accident lawyer to ask the right questions when you’re in an accident. A successful claim depends on the things you do and don’t do after the accident. A motorcycle accident lawyer will guide you on the next steps to ensure your rights and best interests are protected. Read Also: The 5 Most Important Motorcycle Safety Tips All Riders Need To Know Things About A Personal Injury Lawyer How To Find Best Car Accident Lawyer Near You How To Get An Accurate Valuation Of Your Motorcycle When Selling Things To Consider Before Buying Your First Motorcycle 5 Types Of Damages You Can Claim After A Car Accident How To Find A Personal Injury Attorney On Any Budget Don’t Battle It All Alone: 5 Reasons Why You Need An Adoption Attorney Featured Image: stowmanlaw.com

Frequently Asked Questions about Personal Injury Cases

Frequently Asked Questions about Personal Injury Cases

Q: What is a personal injury?

Q: How do I know if I have a case?

Q: How much is my case worth?

Q: What types of compensation can I get through a personal injury claim?

Q: Do I need an attorney to file a personal injury claim?

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Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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Frequently Asked Questions about Personal Injury Cases

Frequently Asked Questions about Personal Injury Cases

Q: What is a personal injury?

Q: How do I know if I have a case?

Q: How much is my case worth?

Q: What types of compensation can I get through a personal injury claim?

Q: Do I need an attorney to file a personal injury claim?

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Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

Recent

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