After being injured at work or in a car accident, you may be left unable to work and with mounting medical bills. This can leave you feeling disoriented and unsure of what to do next. You may be left wondering what your options are for seeking compensation, and how you can go about filing a claim, particularly if you believe that your injuries are the result of another party’s negligence. If a recent accident has left you with many questions, and you are feeling uncertain about how to move forward, you are not alone. To help you better understand your options, we have compiled answers to some of the most common questions we receive about personal injury cases.
What is a Personal Injury?
One of the first questions many people have is “what is a personal injury?” A personal injury is a physical or mental injury to a person as the result of someone else’s negligence or harmful act. Personal injury cases can result from a variety of incidents including accidents involving motor vehicles, medical malpractice, product liability, workplace injuries and accidents, premises liability, and pharmaceutical negligence among other things. Personal injury results in serious harm to the injured party that may leave them unable to work for a period of time or indefinitely, which is why it is important that you are able to recognize when you have a personal injury case so that you can file a claim for proper compensation.
How Do I Know if I Have a Case?
This may lead you to wonder how exactly you will know if you have a personal injury case. The fact is that if you have been injured as the result of someone else’s negligence, then you may have a valid personal injury case. Even if you are not sure if your injuries are the result of someone else’s negligence, if you were injured in a car accident or at work, it is important that you talk to a personal injury lawyer to evaluate your case. You may have a limited amount of time to file a personal injury lawsuit, and it is important that you receive proper compensation for your injuries if another party may be at fault. An experienced attorney can evaluate the facts surrounding your accident and help you to determine if you may have a case against the negligent party(ies).
Is My Case Big Enough to File a Claim?
It is important that you do not discount your case if you believe that your injuries are small or insignificant. Even minor accidents can leave you with injuries that can lead to time off work, extensive medical bills, and potential complications down-the-road. No case is “too small” for an experienced personal injury attorney. They can work with you to determine if you have a case, and if so, what it is really worth. Regardless of how serious your injuries may initially seem, if another party is to blame, you may be entitled to compensation.
What is Negligence?
When trying to determine if you have a personal injury case, you may find yourself asking what negligence is. How will you know if your accident was the result of another person’s negligence? Negligence is the failure to use reasonable care to prevent harm to others. If a person is negligent, he or she does something reckless that puts other people in harm’s way, which can result in serious injury. A clear example of negligence would be if someone was texting and ran into your vehicle. Their failure to use caution when driving would make them the negligent party. Similarly, if your employer failed to properly maintain equipment, which led to you being injured, this would clearly make them negligent, as they were reckless and failed to do their duty to protect their employees. If your injuries were the result of another person’s negligence, then you likely have a personal injury case.
How Long Do I Have to File a Claim?
Time is of the essence after being injured in an accident. While it is important that you spend time recovering from your injuries, you do not want to take too long to file a claim, as there is a time limit on how long you have to file. The timeframe that you have to file a lawsuit is referred to as the statute of limitations. If you fail to file a lawsuit before the statute of limitations expires, you will not be able to make a claim. The length of the statute of limitations will depend on a variety of factors including the state you live in and the type of claim you are filing. Due to the time-sensitive nature of personal injury cases, it is important that you do not wait. Contacting an attorney as soon as possible after your accident ensures that you have the time to file your claim.
Do I Really Need an Attorney?
One of the most common questions people have is whether or not they really need an attorney. While it is possible to file a personal injury claim on your own, or by working with your insurance company, doing so may be a mistake. The fact is that the process of filing a personal injury claim can be extremely complicated and involves filling out a great deal of complex paperwork. If you try to go through this process alone, you may quickly find yourself lost in complex legal documents that you don’t understand, adding to your stress load during an already difficult time. Additionally, if you do not have experience working with legal documents, you may end up making a mistake, or missing a deadline, which could jeopardize your case.
Working with an attorney ensures that everything is done right, and all of the paperwork is filed on time, giving you the time to focus on healing. An attorney can also work to make sure that your needs are looked out for, as the insurance companies likely don’t have your best interests in mind, as they will be working to minimize their losses. Alternatively, your attorney will work tirelessly to make sure that you get the care that you need and that you are properly compensated.
When filing a personal injury claim, it is important that you have a skilled attorney by your side to support you during this difficult time. Contact us for answers to any other personal injury questions that you may have as well as to schedule a consultation regarding your case.