Personal Injury FAQ

1. What should I do if I suffer an injury that’s not my fault? Personal Injury Law FAQs

You should seek the advice of a personal injury attorney a soon as possible. An attorney can discuss with you your rights and tell you if you have a claim on your hands.

2. Why is it important to meet with an attorney right away?

Filing a lawsuit needs to be accomplished before the “statute of limitations” expires. The statute of limitations is the time limit for filing a case. Some case types carry a different statute limit, but most are two to three years. Meeting with an attorney immediately can also help ensure that evidence in the case is preserved and not lost or destroyed. The sooner the better.

3. How do you decide if my claim is legitimate?

Three factors need to be present in order to have a personal injury claim.

  1. You have been injured;
  2. The defendant’s actions or inactions were negligent; and
  3. Your injury was a result of the defendant’s negligence.

Even if those three components are proved, there is a chance your case could be turned down. Sometimes cases are too time consuming, expensive, or difficult to win. If this is the case in your situation, your attorney should be honest about it.

4. Will I get money from my personal injury claim?

There is the possibility of compensation at the completion of a personal injury case. The amount of compensation is determined based on the type and extent of your injuries. Other damages may include:

  • Property damage
  • Medical bills
  • Lost wages
  • Disfigurement
  • Physical and/or mental disability
  • Mental and physical pain and suffering
  • Loss of enjoyment
  • Loss of love and affection

5. What if the insurance company contacts me with a settlement offer?

Never take a settlement from an insurance company without first speaking to an attorney. The insurance adjuster, even if it is your adjuster, is not on your side. Adjusters work for the insurance companies and do not have your best interest at heart. They will more than likely try to settle the case for the lowest amount possible.

6. How much do I have to pay?

Personal injury attorneys usually offer a free consultation. Also, most of them work on a contingency basis. This means if your case isn’t settled or successfully litigated, you don’t pay attorney’s fees. However, there may be costs involved with your case that the attorney will pay up front and you will have to repay at the conclusion of your case.

7. Will the attorney work on my case? Will he have help?

Personal injury cases normally rely on a legal team to ensure success. The people involved might consist of a legal assistant, paralegal, and yes, your attorney. If you have questions, any of the three of them should be able to answer them.

Your attorney might also seek the assistance of experts. These experts will work in a field that coincides with your case. They are utilized for measures such as:

  • Accident recreation analysis;
  • Researching and helping you and your attorney understand technical, scientific, or medial issues involved with your case;
  • Finding weaknesses in opposing expert testimony or findings; and
  • As a witness, helping judge and jury understand evidence not within common knowledge.

8. How much is my case worth?

Before a case’s worth can be estimated it needs to be investigated fully. Depending on the developments during the litigation process, there’s also the possibility of an adjustment in value.

When determining the value of a case, one must consider the gravity and perpetuity of the injury, medical bills, and if there is any contributory negligence. Whether your case is tried or settled may also have an impact on its value.

9. How long will it take for my case to settle?

Every case is different, so there’s no accurate way to estimate the time frame. Of course there is a possibility that the case does not settle. Then it would be taken to trial.

If you have any other questions, don’t hesitate to give John Messina a call. (888) 809-9494. Or you can reach him by email or his online contact form.

 

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