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Personal Injury F.A.Q.'s

What is a Personal Injury?

A Personal Injury is any physical or mental injury to a person resulting from someone's negligence or harmful act. Sometimes Personal Injury may be referred to as Bodily Injury. Personal Injuries can occur in a wide variety of ways. The following are some of the most common causes of Personal Injury:

  • Auto accidents
  • Dangerous or Defective Products (Product Liability)
  • Aviation Disasters
  • Professional Malpractice
  • Toxic Exposure
  • Slips or Falls
  • Dog Bites

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What financial compensation is available in a Personal Injury claim?

Personal Injury victims are entitled to recover money damages for the losses and expenses they incur as a result of their accident or related injuries. The damages may include the following.

  • Medical Bills
  • Lost Wages, including Overtime
  • Pain & Suffering
  • Physical Disability
  • Disfigurement
  • Permanent Scars
  • Emotional Trauma
  • Mental Anguish
  • Embarrassment
  • Mental Disability
  • Property Damage
  • Injury-related expenses (transportation charges, house cleaning, yard work, etc.)

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How do I know if I have a Personal Injury claim?

To have a personal injury case, you must be able to show that you have been injured. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. You may have a claim even if you are partially at fault in causing an accident.

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How do I know if I need an attorney?

If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind, and as soon after your injury as possible.

There is a statute of limitation that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitation.

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What is a contingency fee?

A contingency fee is a fee that is used by lawyers in most personal injury cases. It is contingent when the fee is conditioned upon your attorney's successful resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear “there is no fee unless there is a recovery”.

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If I have a personal injury claim do I have to go to court?

Most personal injury cases are settled out of court between opposing lawyers or by the insurance company. If your case does go to trial, you most likely will have to appear so that your testimony can be heard.

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What are the statutes of limitation?

The statutes of limitation are time frames within which you have to file a lawsuit. When the statute of limitation expires on your case, you simply don't have a case anymore. Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitation for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. Generally in these cases, the time frame commences on the date of injury or death.

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How long will it take to settle my claim?

The time it takes to settle a personal injury claim depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle.

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