A personal injury is commonly referred to as any injury caused by someone else’s misconduct. Personal injuries can result from almost any event, including Automotive Accidents, Work Injuries, Medical Mistakes, Product Liability, and Exposure to Toxins.
FAQs regarding Personal Injury:
What financial compensation is available resulting from personal injury claim?
Persons injured are entitled to receive monetary compensation losses and expenses incurred as the result of an accident. Many different factors determine the amount of money that can be collected, including the severity of the injury, the cost of medial bills, lost wages, disability, and disfigurement.
Is there a way to establish the value of a case?
It is almost impossible to tell right away how much money, if any, one will receive from a case. Each case is different. When a serious injury occurs, the recovery of funds is normally related to the amount of insurance coverage, as well as the extent and degree to which one was injured, along with an assessment of liability from the injury.
If someone is partly to blame for the accident, can a claim still be filed?
Even if an accident or injury was partially someone’s fault, they can still file a claim. Situations like this are often referred to as “Comparative Fault”.
How long after an injury occurs does someone have to file a claim?
For all cases, a “statutes of limitations” requires a party to file suit within a specific period so as not to be prohibited from obtaining any compensation for the injuries. Filing a claim as soon as possible is always best, so that there is no chance for the claim or amount of recovery to expire.
Do all personal injury claims result in going to court?
No. The insurance companies and their attorneys settle the majority of personal injury cases out of the court system. In the chance however that a case does go to trial, the injured party will most likely need to attend in order to tell their story. There are situations in which hiring an attorney is unnecessary, small cases for instance. Small claims court in Massachusetts handles claims up to $2000. If any injury or property loss does not result in incapacity or major medical care, then filing in small claims court and settling oneself is the best option.
How long does it take to resolve a claim?
Much like with the settlement amount, the time in which a case is settled varies. It depends on the circumstances of the case, the injuries and the actions of the other party.
What happens if I am the party being sued?
The first step is always to consult an insurance agent and lawyer as soon as possible. When an insurance company is involved, they will normally assign a lawyer to handle the case. However, if someone is sued for more money than is covered in his or her policy, hiring an outside attorney is necessary.
How much will an attorney cost?
Many attorneys take on a case without payment up front. They take the case on a contingency basis, meaning that they receive a percentage of their client’s settlement only if an award is recovered. Please note that out of pocket fees are other expenses that may not be included in the attorney’s fee and should be discussed since these costs sometimes add up to a substantial amount.