Everything You Need to Know About Personal Injury Claims
Life happens. Sometimes it’s good and other times it’s bad. An injury would certainly fall into the latter category. And as much as you may try to avoid getting hurt, there are often factors outside of your control. If you find yourself in a situation where you’re injured and medical bills are piling up, you need to consider your options and how you can improve your situation – physically, emotionally, and financially.
What is a Personal Injury?
Personal injury cases are basically legal disputes that arise when one individual (you) suffers some sort of physical or emotional harm from an accident or injury and someone else is legally responsible for that harm.
Personal injury cases can arise in almost any setting or situation, but there’s typically some sort of negligence involved. This basically means the other party is guilty of violating a presumed duty of care.
According to AllLaw.com, “A duty of care is an obligation to avoid injuring someone else or placing them in the path of danger. In most cases, every person has at least some duty of care toward others. The only questions are, to whom is a duty of care owed, and if there is a duty, how broad is it?”
Most personal injury cases come down to first establishing a duty of care and then proving that there was a breach of duty. Finally, causation must be proven and damages accounted for.
Who Pays Out on a Personal Injury Claim?
“When someone has injured you, you deserve to receive justice and compensation for what you have been through,” Michael Cordova Injury Attorneys explains. “Unfortunately, negligent people don’t always have the money to pay for your injuries and losses, even if they should be paying. Insurance was created as a way to protect injury victims financially when careless people cause you to be hurt.”
Whether you’ve been injured by a property owner, driver, business, or government entity, it’s highly likely that they have an insurance policy in place. If they don’t, it’s possible that your insurance policy could come into play.
What Are Statutes of Limitations?
Whether it’s a car accident, slip and fall, product liability, medical malpractice, dog bite, or anything in between, it’s imperative that you respond as quickly as possible. Thanks to statues of limitations, a failure to pursue a claim right away could leave you on the outside looking in.
Statutes of limitations are laws put in place by the state to restrict how long an individual has to file a lawsuit after they’ve been injured. These rules exist to prevent cases from dragging on for years or decades. In most states, limitations range from two to four years for personal injury cases.
How Do You Hire a Personal Injury Attorney?
There are skilled personal injury attorneys in every state. You can find an attorney by asking for referrals or conducting a basic online search for a personal injury lawyer in your area. Most offer free initial consultations so that you can schedule a meeting and discuss your case without any obligation to hire them.
What Makes a Good Personal Injury Attorney?
With so many different personal injury attorneys to choose from, you may be wondering how you possibly choose the right one. Well, there are a few things to look for, including:
- Someone who is experienced and has handled cases just like yours in the past.
- Someone who has positive reviews and testimonials from past clients.
- Someone who is aggressive and will fight for your rights.
It can take patience and research to find a good personal injury attorney, but they’re out there! Take your time and perform adequate due diligence before making a decision.
What if You Can’t Pay for an Attorney?
Worried that you can’t pay for an attorney? Well, this typically isn’t a problem. Any good personal injury lawyer will work for you on a contingency fee basis. This essentially means your lawyer only gets paid for their time and services after they’ve helped you win a settlement. This ensures you never get stuck paying for something you didn’t actually receive.
Putting it All Together
There’s never a convenient time to get hurt, but it’s important that you respond with a plan. Get treatment, understand your rights, and hire an attorney. You deserve compensation and should seek full protection under the law. Good luck!