Experiencing a personal injury can bring up many emotions, not only may you be in pain, you are probably scared and confused. Below are some of the most frequently asked questions about a personal injury to help you have a better understanding of this difficult time.
What is a Personal Injury?
A personal injury (PI) is any physical or mental injury to a persona as a result of someone’s negligence or harmful act. Insurance companies often refer to Personal Injury as Bodily Injury.
How Do I Know If I Have a Personal Injury Case?
A party who has been injured during an accident has the claim to financial compensation. Although each case is unique, several factors can award assistance to those in need. To potentially qualify for a personal injury case, you need to have the following:
Negligence: Is the other party responsible for the accident?
Physical Injury: Do you have a bodily injury?
Prove financial loss due to the injury: Do you have lost wages, medical bills, car repairs, etc.?
If you can answer yes to these, you should bring a suit before the statute of limitations passes
You should always protect yourself and your rights. Call a lawyer and get a professional opinion. Most attorneys do not charge for an initial consultation in personal injury cases, so you have nothing to lose.
What Should I Do After a Personal Injury Accident?
• Take pictures of your injuries
• Visit a doctor if you have not already done so
o If you have visited a doctor, be sure to follow their care plan and attend all follow -up appointments
• Write down a narrative of what happened while it is still fresh on your mind
• Make a list of witnesses and their contact information if possible
• Follow additional instructions from your attorney
How Long Do I Have to File a Personal Injury Claim?
A statute of limitations is the time limitation that you have to bring the case. Once you know that you are injured, you must file your claim within three years. This three-year window will begin the day you learn of your injury, not when you are injured. This rule allows you to take action even if your injury was not apparent right away, or if it was sustained over a long period. If you do not file your claim within the statute of limitations, you will forfeit your right to pursue compensation.
Why Do I Need an Attorney?
If you have been injured as a result of the negligence of another, you are advised to pursue the assistance of a personal injury attorney. They will help determine if you can recover the compensation you deserve for your injuries to help get you back to where you were before the accident.
Each case depends on the unique facts present in the case. Having an experienced injury attorney will give you more specific answers to your questions about the circumstances of your case. A personal injury attorney will help you every step of the case in a way that helps you get the desired outcome you are looking for. Your attorney will get to know you, your priorities, and the details of your case, guiding you through the process to get you the maximum compensation possible for your case.
When Should I Hire a Personal Injury attorney?
A personal injury attorney should be consulted immediately. The insurance company will call you soon after your accident to request a statement from you. They will request the statement to be recorded. The statement may be used against you at a later date. Additionally, the insurance company will request that you sign authorizations so they can obtain information about you. A personal injury attorney will determine what the insurance company is and is not entitled to obtain and review. Your interests and the interests of the insurance company are not the same. Insurance companies will try to persuade you with legal advice that is constructed to benefit them. You should seek an opinion from a personal injury attorney to get an unbiased legal opinion in regards to your case and your rights.
It is also important to hire a personal injury attorney soon after the accident so witness statements can be obtained and testimony and other evidence may be preserved.
How Much Is a Personal Injury Attorney Going to Cost?
An experienced personal injury attorney will provide free, no-risk case consultation to injured persons and their families.
Most personal injury attorneys work on a contingency fee basis. Meaning, the attorneys will not receive any compensation for their services until there is a recovery made on your behalf. This fee, as agreed upon by you and your attorney, can also be known as “No fee unless you win.”
A contingency fee is a percentage of what you are awarded. The fees will vary among personal injury attorneys, however, most charge at least 33.33% of the monetary recovery.
When you meet with your attorney, be sure to bring all documents in your possession related to your injury to your meeting with your injury attorney. This includes the police or incident report, witness testimony, photos of the accident, receipts for medical care, payslips for lost wages, and estimates for automobile damage, etc.
To help with your confusion and difficulties after an injury and you need a personal injury attorney, Wayne can assist you.