Monday, April 19, 2010

I'm injured. Do I need to hire an Attorney?


If you have been injured in an accident that may have been someone else’s fault , and are still experiencing pain or other physical symptoms, you may want to consider consulting with an attorney.  Sometimes it isn’t clear right away whether your injuries will heal right away or not.  
Insurance claim adjusters generally try to settle claims for as little as possible.  Therefore, if you have been seriously injured or are unsure whether you will completely recover from your injuries, you should consult an attorney before you give any statements or sign papers of any kind. 
There are time limits within which you can file a legal claim, depending on what kind of case it is.  Therefore, if you are considering consulting an attorney, you should do so as soon as possible, so the attorney will have time to evaluate your case and ensure you do not lose your legal rights. 
Personal injury attorneys usually handle cases on a “contingent” or percentage basis, depending on the type, difficulty, and expense of the case.  This means the attorney only collects his or her fee after the case is resolved.  Contingent fee agreements must be in writing and include provisions for the attorney’s  out-of-pocket expenses, which are typically paid by the attorney and reimbursed out of any recovery.

What makes a good personal injury Case?

A strong personal injury case requires proof of both liability and damages. Having one without the other, no matter how dramatic the facts may be, will not bring a successful result.

LIABILITY

There is liability when another person or business entity acted, in violation of the law, in such a way to cause your injuries. An example of such wrongful conduct is running a red light. There must be some evidence that the defendant was at fault, such as witnesses, photographs, or other documents.

It is also important that the plaintiff was not at fault in causing the incident. Other issues to consider include whether the plaintiff may have assumed a risk (were there signs or other warnings the plaintiff should have seen?) or waived liability (did the plaintiff sign any documents that would prevent defendant’s liability?)

DAMAGES

Damages are the injuries you sustained in the incident. They can be physical, emotional and/or financial. It is necessary to prove these damages through individuals with knowledge of your injuries or losses. You can prove damages through medical records and the testimony of doctors who treated you. Not only do you have to prove that you have these damages, you have to prove they were caused by the incident. That is, a doctor has to be willing and able to document that your injuries are directly related to the incident.

The kinds of personal injury damages recognized in California include medical expenses, lost wages or loss of earning capacity, physical pain, mental suffering, disfigurement, physical impairment, loss of consortium, and loss of household services.

COLLECTABLITY

Collectability is when the defendant can pay a judgment. A judgment is what a plaintiff is awarded when he or she wins a personal injury case. It says that someone owes you money. However, a judgment has no value if the defendant does not have enough money to pay the judgment or does not have insurance to cover the judgment. Therefore, In addition to identifying the defendant or defendants who are responsible for your injuries, it is essential that those defendants have liability insurance or is a large enough business entity that they can provide financial compensation for your damages.

TIME LIMITS

The time limits (or statutes of limitation) will vary by the kind of case. In California, a plaintiff usually has two years to file a legal claim for personal injuries. However, the time limits are different in certain cases (for example, if the plaintiff is a minor or the case is against a governmental entity). If you wait too long to bring a legal claim, you will forever lose that right.

I'm injured. Do I need to hire an Attorney?


If you have been injured in an accident that may have been someone else’s fault , and are still experiencing pain or other physical symptoms, you may want to consider consulting with an attorney.  Sometimes it isn’t clear right away whether your injuries will heal right away or not.   
Insurance claim adjusters generally try to settle claims for as little as possible.  Therefore, if you have been seriously injured or are unsure whether you will completely recover from your injuries, you should consult an attorney before you give any statements or sign papers of any kind. 
There are time limits within which you can file a legal claim, depending on what kind of case it is.  Therefore, if you are considering consulting an attorney, you should do so as soon as possible, so the attorney will have time to evaluate your case and ensure you do not lose your legal rights. 
Personal injury attorneys usually handle cases on a “contingent” or percentage basis, depending on the type, difficulty, and expense of the case.  This means the attorney only collects his or her fee after the case is resolved.  Contingent fee agreements must be in writing and include provisions for the attorney’s  out-of-pocket expenses, which are typically paid by the attorney and reimbursed out of any recovery.