Most lawsuits filed in the United States revolve around negligent acts or accidents that result in injuries.
Such lawsuits are considered personal injury, and victims always claim damages or file a lawsuit to help them deal with the accident’s economic and non-economic effects.
After sustaining an injury in an accident, you may want the at-fault party to compensate you for the damages as you try to get back on your feet. This will mean filing a claim with their insurer or filing a lawsuit.
However, the process of claiming compensation is never easy, and victims often seek legal help from a personal injury attorney in their area to help them know what it takes to get compensated and their legal options.
Before filing for a personal injury claim, you need to fully understand what it entails. Therefore, here are some of the common questions regarding personal injury claims.
How Do I Know if I Have a Case?
The laws that govern whether someone has a valid personal injury claim vary from state to state. If you are in a no-fault state, you cannot claim or sue the other party’s insurance company even if they are at fault.
If you are in an at-fault state, you may have the right to claim or sue the at-fault party if you can hold them liable for your injuries. You can claim damages after sustaining injuries from a car accident, fall, motorcycle accident, workplace injuries, medical malpractice, sexual abuse, defective products, and more.
What Damages Can I Claim?
In most cases, victims can claim economic damages such as medical bills, loss of earning capacity, loss of wages, out-of-pocket expenses, and any other financial loss. They can also claim non-economic damages such as pain and suffering, loss of consortium, permanent disability, and more.
These damages are meant to compensate the victim for the past, present, or future losses and the accident’s current and future effects. Your attorney will provide evidence of your claims and help to determine your compensation or award.
How Long Do I Have to File?
The deadline to claim or file a lawsuit, also known as the statute of limitations, is different in every state. Some states have a deadline of 2 years from the date of the injury, while others have a deadline of 3 years or something else entirely. Some states set the timeline from the date of discovering the injury and not the date of the accident.
The time limit will also depend on the nature of the claim and more. It is wise to consult an attorney as soon as possible to know your state’s laws and ensure that you file your claim in good time.
How Long Will The Case Take?
The duration that a personal injury can take depends on several factors. First, if the defendant does not admit liability, your attorney will need to gather evidence to prove that they are at fault and hold them liable.
Depending on the case, this can involve working with experts, and talking to witnesses.
However, if the defendant admits liability, you can quickly settle the case out of court. However, if the settlement is not fair, your attorney can file a lawsuit and the case will go to court. This can take approximately two years or more.
How Much Will the Case Cost?
Several personal injury attorneys work on a contingency fee basis. This means that they will collect their fee from your final settlement or award. They will take a percentage of the money you get. Talk to your attorney to know more about their fees.
Know More About Your Case from a Personal Injury Attorney
Handling a personal injury claim without professional help can be very challenging. You will have to deal with insurance adjusters, and the law, and still get time to deal with your injuries.
If you have a personal injury claim, hire an experienced attorney to ensure that you know all about your case, help you avoid making costly mistakes, and help you make a successful claim.