1. Personal Injury
What Is Personal Injury Law?
Personal injury cases are legal disputes that arise
when one person suffers harm from an accident or
injury and someone else might be legally
responsible for that harm. Common personal injury
cases are:
• Automobile and Pedestrian accidents
• Dangerous products or drugs
• Medical malpractice
• Property liability, such as slip and fall
• Asbestos, chemicals, or product liability
• Intentional injuries such as assault/battery
2. Do I Have a Personal Injury Case?
If you were injured in a car accident caused by someone else you
will probably have hospital and doctor bills, costs for
medications and bandages, and continuing therapy bills. You're
hurt and can't work. The pain you suffer continues daily.
What do you do?
A Personal injury claim begins after a victim is injured or suffers
property damage (or both) caused by another person’s
negligence. To cover the resulting costs, the victim pursues the
at-fault defendant by filing a personal injury lawsuit
3. The Personal Injury Process
What is the Personal Injury Process?
Take Notes or Pictures: After a personal injury incident, make written notes
and collect evidence of all the people involved, witnesses, all injuries.
Formal Lawsuit: Personal injury case starts with the plaintiff filing a personal
injury civil suit against the defendant claiming that the other person,
business, or corporation acted carelessly and case the accident
Settlement: In most personal injury cases, the case is resolved when the
parties come to a settlement. The settlement comes after negotiations that
try to cover the cost of the injuries
4. Is there a Time Limit in Which I Have to
File My Personal Injury Case?
• Yes. Settling a personal injury claim must be filed in a
timely manner. These laws are governed by the statute of
limitations that gives you a maximum time you have to
bring your personal injury claim. If the time period passes
up, you may be barred from ever bringing suit to recover
for your injuries. You should always check your state’s
statute of limitations for your type of claim.
5. Do I Need a Personal Injury Attorney?
Personal injury settlements usually require the assistance of a
lawyer. This is because much negotiation goes on during the
conferences, and an attorney may be needed for advice and
guidance. Also, even though the settlement occurs out of
court, there will still be much interaction with the court
system. A qualified personal injury lawyer in your area can
help you obtain the proper settlement amount.
If you cannot reach a desired settlement during negotiations,
an experienced personal injury attorney can represent you at
trial.
6. How Much Does a Personal Injury
Attorney Cost?
Some state statutes limit the percentage that a lawyer can
take as a contingency fee. Most contingency fees are between
33% and 40%, but you can always try to negotiate a reduced
or alternative agreement. In the majority of cases, a personal
injury lawyer will receive 33.33% (or one third) of any
settlement.
7. How Does a Contingent Fee
Agreement Work?
• A contingency fee agreement is a payment arrangement
that allows the plaintiff who has been injured in a personal
injury lawsuit to obtain legal representation even though
they do not have enough money to pay the attorney at the
beginning of the case. A client does not have to pay the
lawyer any fee up front, but agrees to pay the attorney a
percentage of the client’s personal injury award should
they win the case. If the client does not win, they do not
have to pay
8. Do Personal Injury Lawyers Have
Payment Plans?
Many personal injury lawyers do not make the client
pay any fees for the case until the client wins or settles
the case. These fee plans are called contingency fee
agreements. Many personal injury lawyers do collect
other fees that come up during the case that is
necessary to collect evidence .
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