Answers to Frequently Asked Personal Injury Questions
- September 16, 2021
Table of Contents
- What Is a Personal Injury?
- What Should I Do After an Accident
- How Do I Know if I Have a Case?
- What Damages Can I Receive?
- Who Pays My Medical Bills?
- Are All Personal Injury Claims Based On Negligence?
- How Much Time Do I Have To File a Claim?
- Will I Have To Go to Trial?
- Should I File a Lawsuit Without an Attorney?
- Contact The Brown Firm
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If you were recently involved in an accident, there’s a good chance you’ll suffer from significant pain and deal with substantial medical bills. You may also be unable to work, leaving you with no income while you wait for your injuries to heal.
Many personal injury victims have questions after sustaining injuries in their accident because most people aren’t worried about how personal injury claims work until they are faced with one. This leaves them not knowing what to do next and the steps they need to take to protect their rights.
Our personal injury guide below will provide detailed answers to some of our client’s most common questions.
I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.
What Is a Personal Injury?
A personal injury occurs when one person suffers physical or mental harm due to someone else’s negligent actions or inactions.
Personal injury law involves many types of accidents, including but not limited to:
- Motor Vehicle Accidents– Car Accidents, Truck Accidents, Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Medical Malpractice
- Workplace Accidents
- Nursing Home Abuse
- Wrongful Death
- Dog Bites
- Spinal Cord Injuries
- Brain Injuries
- Birth Injuries
- Toxic Torts
- Product Liability
- Pharmaceutical Negligence
What Should I Do After an Accident?
The first thing you should do after a personal injury accident is to seek medical attention. Nothing is more important than your health.
If you aren’t rushed to the emergency room, you should take photos and videos of the accident scene. You also need to get the contact information of everyone else involved in the accident and any eyewitnesses. Your insurance company will need this information when deciding how much financial compensation to give you for your damage.
You must also track all costs after the accident, including your medical payments and property damage.
Be sure not to admit fault or apologize to anyone at the scene of the accident, even if you are just trying to be polite. Anything that you say immediately after a personal injury accident can be used against you if you choose to pursue a legal claim later.
How Do I Know if I Have a Case?
It’s hard to tell if you have a case, and you don’t have to decide on your own. A personal injury attorney can help you make this decision during a free consultation where you describe your situation in detail.
Your personal injury attorney will tell you if you can sue and what fair compensation might look like based on your case’s unique factors and the laws in your state.
In most situations, if someone acted carelessly under the circumstances and directly caused your injuries, you will have the right to pursue financial compensation. This is sometimes more complicated than it sounds. Each state only allows a certain amount of time to file a case, so it is vital to consult an experienced lawyer.
What Damages Can I Receive?
Economic damages, as well as non-economic damages, are available after personal injury accidents. Depending on the cause of your personal injury and the circumstances surrounding your injuries, you can receive these types of damages from the responsible party‘s insurance company.
You may be entitled to receive compensatory damages like medical expenses, loss of income, pain and suffering, lost opportunity, loss of the ability to work, and more.
If the defendant has acted in an especially egregious manner, you may be able to recover punitive damages in addition to compensatory damages.
If you have lost a loved one due to the negligence of another, you are also entitled to damages like funeral costs, medical expenses, loss of companionship, loss of income, and more in a wrongful death claim.
Who Pays My Medical Bills?
After being injured in an accident and receiving medical services, most people worry about how they will pay their medical bills. The answer to this question depends on your case and what happened during your accident.
Your car insurance or health insurance could cover your medical costs, or you might have to rely on the at-fault party‘s insurance carrier or compensation from a personal injury settlement.
No matter who might pay your bills, you should first speak to a personal injury lawyer after receiving medical care. Most injury attorneys offer free initial consultations, so there’s no reason not to speak with a personal injury lawyer about your accident.
Are All Personal Injury Claims Based on Negligence?
The vast majority of accident lawsuits are based on negligence. A defendant could be deemed negligent and responsible for a plaintiff’s injuries if they failed to exercise the standard of care that most people in a similar situation would practice.
Lawsuits or claims can also be based on an intentional wrong. An intentional wrong is when someone intentionally harms you. That deliberate act can also be the basis for a personal injury lawsuit.
Lawsuits can also be based on strict liability. An example is a defective product accident. A defendant can be held liable for an injury caused by a defective product without the plaintiff proving that the defendant’s negligent actions were intentional.
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How Much Time Do I Have to File a Lawsuit?
The time you have to file your claim depends on your state’s statute of limitations. You might have to file within a year of your accident, or you might have as many as four years to file.
In Georgia, you have two years to file most personal injury claims. You need to check your state’s laws to ensure you do not accidentally waive your rights by waiting too long to file.
Sometimes exceptions can be made to the statute of limitations, but this doesn’t often happen, so do not assume an exception will be made in your case. You should always try to pursue your claim as soon as possible while the evidence is fresh. This will go a long way to help you prove liability and the extent of your damages.
Will I Have To Go to Trial?
Fortunately, most accident cases never make it to trial. Most cases will reach a settlement before the trial date, saving you a lot of time and money.
Cases that make it to trial often have disputed facts or a contested legal issue. With cases like these, the court may rule either way.
The quicker and more carefully you build your case, the more likely you and the other at-fault party will reach an appropriate settlement.
If your case happens to go to trial, your defense attorney will help prepare your personal injury lawsuit.
Should I File a Lawsuit Without an Attorney?
You can file a civil action lawsuit without a personal injury attorney, but it isn’t recommended. If you bring forth your case on your own, you will be subject to the same standards as an attorney.
You will be required to follow the formalities for your case filing documents. The rules of discovery, admission of evidence, and civil procedure all apply to you as they would an attorney. Any mistakes you make could completely unravel your case, even if you think your case is open and shut.
You can handle your lawsuit on your own without an attorney. Still, your best bet to recover the maximum compensation you deserve is to work with an experienced attorney.
Contact the Personal Injury Lawyers at The Brown Firm
An accident can lead to astronomical medical bills, lost wages, and other financial losses that could derail your life. That’s why you should contact an experienced personal injury law firm right after you receive medical treatment.
An experienced personal injury lawyer with The Brown Firm will help you pursue compensation for your damages, expenses, and pain and suffering from the responsible party.
The Brown Firm has years of experience helping accident victims. We will stop at nothing to get you the monetary compensation you deserve for your damages and will help get you the treatment you need.
Contact The Brown Firm today to set up your free initial consultation with a member of our legal team.
The Brown Firm proudly serves personal injury victims and will do everything possible to help them recover financially after a personal injury.
Don’t wait; you only have a short time period to file a claim. Contact us today!
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