FAQs About Personal Injury Law and Claims - Ask an Attorney

What is personal injury law?

Personal injury law, or tort law, protects the rights of victims of negligence, recklessness, malpractice, and the inaction of others. Personal injury law includes a wide variety of claims, ranging from auto accidents and medical malpractice to mesothelioma and workers' compensation. Victims of such injuries may be eligible to receive compensation for the resulting emotional distress, physical harm, permanent disability, financial loss, or other inflictions they may experience. In some cases, a personal injury attorney may be able to help victims be reimbursed for property damages.

Further, in those personal injury claims involving medical malpractice or wrongful death - the injured's or deceased's family can file suit on behalf of its loved one.

Do I have a personal injury claim?

If you would like to file a personal injury claim, you must be ready to prove the following: 1) another party is responsible for your injury and 2) the damages being sought honestly reflect the extent of the injury or loss. Should your case - whether it be one involving auto accidents, medical malpractice, workers' compensation, defective drugs, toxic materials, slip and falls, elder abuse, on-the-job injuries, or another type of personal injury - address these two elements, you may indeed have a case.

To find out if your personal injury claim would stand up in a court of law, it is crucial that you consult a qualified, experienced national personal injury attorney in your area.

What kind of compensation do most people receive for personal injury claims?

Depending on the type and extent of your personal injury, you may be eligible for compensatory (actual) damages, and punitive (criminal) damages. Compensatory damages are awarded to cover all financial expenses, including lost wages, emotional distress, pain and suffering, permanent disability, mental impairment, earning capacity impairment, loss of profits, expenses, interest due from money withheld, and repair or replacement of property. Conversely, punitive damages are awarded in addition to compensatory damages if it is proven that whoever is responsible for your personal injury acted with malicious intent.

How do I file my own personal injury claim, and do I really need a personal injury attorney?

To pursue a lawsuit, you must file your personal injury claims in the proper court. Be aware that every court - whether it is federal or state - has its own set of rules, and every one of these rules must be followed. All court rules - including statutes of limitations - are public record, so you can do your own research if you choose to do so. But realize that if you violate these rules, your claim can be permanently dismissed, ruining your chances of receiving compensation for your personal injury.

Although you may file your personal injury claims independently, it is in your best interest to hire a personal injury attorney. A personal injury attorney can explain the law, help you complete the necessary paperwork, provide effective representation, help you win the compensation you deserve, and most importantly, take precautions to ensure that you do violate any court laws when filing your case, as any such violations could cause your case to be barred forever. Because laws vary from state to state, it is imperative that you find a personal injury attorney in your area.

How much time do I have a to file personal injury claims?

Every personal injury case must be filed within a specified amount of time, which is determined by a statute of limitations. A statute of limitations defines how long a claimant has from 1) the date of injury or 2) the date the injury was discovered to file a personal injury claim. If you want to file a personal injury claim but do not do so before the statute of limitations expires - in most states, plaintiffs have one to three years to file suit - your claim may be permanently barred.

To find out the applicable statutes of limitations in your state, consult a personal injury attorney in your area.

Do I have to pay my personal injury attorney up front?

Although this varies from lawyer to lawyer, most personal injury attorneys do not require clients to pay up front or by the hour. Instead, most attorneys offer their services on a contingency basis. This means that when a client hires a personal injury attorney, he signs a contract stating that he will pay the lawyer a predetermined portion of his settlement if he wins his case. If he doesn't win, he doesn't pay. This allows victims who otherwise might not have been able to afford an attorney to pursue legal action.

Where can I learn more about personal injury law?

For more information about personal injury law and claims and your legal rights, contact a personal injury attorney in your area to receive legal advice specific to your claim.