Sunday, July 3, 2011

What is Personal Injury Law;

People become injured in accidents every day. In many cases, the injuries sustained are minor and can be handled with home remedies, a little rest and some tender loving care. Unfortunately not all personal accidents are so easy to manage. When a person becomes a victim of an accident that is caused by the carelessness or intentional act of another person or entity, it is time to enlist the help of legal resources to hold the guilty party accountable for its actions or inactions. Personal injury law is designed to obtain compensation for victims who have been physically or mentally hurt by the negligence of another. Personal injury law is very complex and requires a talented legal team to: * Prove the guilty party's negligence* Fully investigate your claim and call on experts to wade through the technicalities* File the correct paperwork in the correct timeframe* Provide objectivity to the case rather than leading with emotions* Interact directly with insurance companies on the victim's behalf* Handle settlements or engage in court cases if necessaryCommon Personal Injury Lawsuits It is rare that two people would suffer from the exact same personal injury accident. Just as every person is unique, personal injury lawsuits will differ depending on the unique circumstances surrounding the accident, how the person was affected and the other parties involved. There are common types of personal injury lawsuit categories, including: * Vehicle accidents, such as automobiles, motorcycles, busses, trucks or semis, ATVs, snowmobiles* Marine accidents* Helicopter or airplane accidents* Medical malpractice* Nursing home abuse* Workplace accidents or claims, such as exposure to pollutants or repetitive stress injury* Premises liability, such as slip and fall accidents* Animal attacks* Defective products* Explosions or fires* Oil rig accidents* Wrongful deathHelp for Severe Personal InjuryAccidents that result in severe injuries can have a devastating impact on the victim's quality of life. Often the victim's family is also greatly impacted by the extent of the injury. Not all personal injury attorneys are qualified to handle severe personal injury claims due to the added complexity of these cases. Severe and catastrophic personal injury trial lawyers will be able to navigate through the sea of red tape surrounding cases involving: * Brain or spinal cord injuries* Full or partial paralysis injuries* Severe burn injuries* Wrongful deathCompensation is not only sought for medical expenses, but also: * Loss of income* Physical therapy and retraining* Pain and suffering* Disability Time Limits on Personal Injury CasesEvery state has its own set of rules surrounding the amount of time a personal injury victim has to file a claim after the accident. On average this statute of limitations is 3 years, but it can be as little as one year. It is important to contact a personal injury attorney as quickly as possible after an accident to determine if a lawsuit is warranted.
               

               

Friday, July 1, 2011

What is Personal Injury Law

                    We've all seen many commercials that talk about "personal injury" lawyers. You might be wondering what, exactly is personal injury law? Basically, personal injury, also known as "Tort" law, protects you in case of accident or negligence. This includes emotional, as well as physical harm, but does not include property damage. The most common of these cases are traffic accidents, but personal injury also covers things like medical accidents, work accidents, wrongful death, tripping accidents, etc.; any time someone else's negligence causes injury to you. This can be a person, manufacturer, company, government, or any other entity. An example of a personal injury case would be if a reckless driver hits you at an intersection. A doctor administering the wrong dosage of a medicine, or neglecting to provide proper treatment is another. Manufacturers and designers can be held liable if they make a product that is overly dangerous with reasonable use. To make sure you have a solid personal injury case, you should always consult a qualified lawyer. If you decide to file a personal injury lawsuit, you are the plaintiff, and the other side becomes the defendant. Lawyers for both sides will then have the "discovery." They'll ask everyone involved questions (take depositions) gather pertinent facts, and exchange information on the case. At the end of this process, there will either be a settlement, or the case will go to court. The settlement means that the defendant agrees to compensate the plaintiff without going to trial, allowing them to not fully admit any wrongdoing, and avoiding the cost and time of a trial. Essentially, you would be accepting compensation in return for dropping the case and not holding the defendant liable in the future. If no settlement agreement can be reached, the case goes to trial. Personal injury cases are tried in civil court, not criminal court, since it is assumed there was no intent to injure. Any court case can take time, so be patient with scheduling, etc. At court, it will be decided who is responsible or "liable" for the accident or injury. A decision in your favor results in the judge and/or jury "awarding" you money for "damages." This is to compensate you for lost wages, medical bills, pain and suffering (both physical and mental) and for any disfigurement or disability the injury caused. The compensation can come in a lump sum or in a structured settlement that is paid over a set period of time. Jail time for the defendant is not an option; remember this is a civil, not criminal, matter. Finding a good lawyer is important to your process. While your insurance company may provide you with a lawyer, you should always look for yourself. Find out from friends, family, or research someone who has a good reputation and reasonable fees. All lawyers have to pass their state bar exam, and while not required; they can complete a personal injury specialty certificate through the American Bar Association. There are several ways for lawyers to take payment. Some are paid on a contingency basis, meaning they are paid only upon winning your case. There are also hourly rates, flat fees, and retainers. Many law firms will talk with you about your case the first visit for no charge.A physical or mental injury can cause numerous problems for you and your family. If you are involved in a significant accident or feel you have been a victim of negligence, you should consult a lawyer to find out if you need to file a personal injury lawsuit. Please do not take this lightly, there are lots frivolous suits that only serve to increase fees and take up the precious time of our nation's courts. But if you need help, there are many honest, reliable lawyers out there that will guide you through the process and get you the compensation you need.
               

               

personal laws