Answers to the most common personal injury questions you may have:
If a person suffers physical or mental injuries due to the negligence of another person or a corporation then he can sue the offending party for a personal injury law suit. Personal injury in the legal sense denotes injury to the body as opposed to injury to property.
One of the most famous examples of a personal injury law suit is the case of McDonald’s Coffee in the 90s. An Old woman had received third degree burns by spilling the McDonalds Coffee on herself, so she sued the company for a personal injury. Later it was proved that it was McDonald’s negligence for the most part that led to the women’s injury, and so she had received $200,000 in compensatory damages for her medical expenses and loss of income.
Personal Injury Law exist to redeem the defendant for the losses that he may have suffered due to the negligent behavior of another. In the example above, the women was redeemed for her medical expenses, and loss of income that arose due to the negligence of McDonald.
You can sue for a personal injury as long as you have suffered harm due to the fault or negligence of another party. Car accidents are the most common example of a personal injury, but a Personal Injury suit can also be filed for product defects, libels, and exposure to dangerous substances, injuries suffered on the job, medical malpractice, and other types of personal injuries.
If you fail to act with reasonable care, and your failure to act with care results in an injury to another party than you will be considered negligent under the eyes of law. Negligence can be of two types:
1. If you do not do something that a reasonable person would do to prevent harm. Similarly, if you had a duty to act and you fail to act in a reasonable manner thus causing harm to somebody.
2. If you fail to act with due care that a reasonable person would have taken to prevent harm.
Under both these circumstances, you can be sued for your negligence. There are two main kinds of laws dealing with negligence the comparative negligence law and pure comparative negligence law.
What are the comparative and Pure Comparative Negligence Laws?
Both comparative and pure comparative negligence laws find their application when plaintiff is also partly responsible in causing his own injuries by being negligent in his or her behavior. For example, in the McDonalds Coffee Case, the old woman was partly responsible in causing her injuries. The negligence was shared between the old women and McDonalds by 20% and 80% respectively.
The good news is that even if you are partly negligent you still get compensation for your injuries. There are two main laws governing this type of compensation:
Comparative Negligence Law
The Comparative Negligence Law compensates the damages by first determining the percentages that each party is responsible, and then each party is made to pay the other party compensation for the damages that were incurred due to its negligence.
Pure comparative Negligence Law
Under the pure comparative Negligence Law, the plaintiff receives the exact total amount of the damages that he or she suffered, minus the amount that he or she contributed to the injury. This is what happened in the McDonald Coffee case. As the women were responsible for 20% of the injuries she suffered, she received compensation for 80% of the total expenses that she suffered due the accident.
Don’t wait any longer than you have to, you should file a suit as soon as your initial medicinal needs have been taken care of. Any delay in consulting your potential attorney can cause critical evidence regarding the case to disappear and that can have a drastic impact on your case.
One of the most important aspects of your attorney’s jobs in to leave no stone unturned to find all the possible expenses that can be recovered; he can only do this effectively if you consult him in due time.
Most of the recoverable losses in a personal injury suit don’t readily become apparent to an untrained eye, so it is advised that you hire an advocate to help you maximize your claim. As a general rule the kind of losses that you can recover are as follows:
1. Present and Future Medical Expenses due to Injury
2. Present and Future Wages lost due to injury
3. Diminished Capacity to earn
4. Pain and Suffering
5. Therapy costs
6. Home Adaptation Costs
The list is by no means comprehensive as specific costs can only be determined by looking at the facts of the case in detail. It is crucial that you keep a record of all your financial expenses.as a result of the accident.
The amount of compensation that you receive depends upon the amount of physical and mental damage that you suffered. It is impossible to estimate this amount before your medical condition stabilizes, and without knowing all the causes and impacts of your personal injury. Be wary of anyone who tells you otherwise.
Once your condition stabilizes, your attorney will help you determine the exact amount that you can receive on your claim.
We charge our customers strictly on a contingency fee basis. This means that payment will only be made in case of a winning verdict or settlement. After a successful settlement, charges are made on a percentage of the total money received on the claim in addition to the filing fees or other court expenses.
The contingency fees percentage often ranges from 20% to 50%. It is determined by a number of factors such as the complexity of the case, reputation of the attorney, the amount of labor required, the attorney client relationship, and the duration of the case. Most state laws prevent lawyers from asking an unreasonable percentage in contingency fees and thus they protect the rights of the plaintiff.
Contingency fees are a convenient fee model because it makes it possible for people of all kinds of financial backgrounds to file a suit and recover their damages. While the case costs have to be paid regardless of the verdict, they are usually affordable and well worth the amount that you can obtain by hiring an attorney.
The amount of time taken by a personal Injury suit depends upon many different factors, and it can only be estimated after looking at the facts and limitations of the case. Some Personal Injury suits may get settled quicker than others but usually they last for months and years before a verdict is reached.
Depending upon the level of complexity your case involves, your case may even get settled during the pre-trail period. If you are interested in a Pre-trail settlement then you should speak to one of our experienced advocates they will help you in determining the best road to take based on your specific situation.
Taking a case to court is a lengthy process and it can usually take months and years before a case is ready to be presented at a trial. One your trail starts before a jury then it takes about 3-10 days for the case to be settled.
As a general estimate, from filing a suit to the date of the verdict it generally takes about a year or two. For a more specific estimate of the duration of the case, you can talk to one of our expert advocates and they can walk you through your situation.
It depends upon your case. As a general rule, you will receive your money within a period of 7 to 14 days after the release has been signed. However, it may take much longer if the defendant in your case was a big corporation, or an insurance company.