What You Don’t Know About Personal Injuries

Personal Injury Lawyer

Personal injury cases can be complex and nuanced, and there are many aspects that people might not be aware of. Here are some key facts from a personal injury lawyer with our friends at Council & Associates, LLC:

1. **Different Types of Personal Injury Cases**: Personal injury cases can arise from a variety of situations, not just car accidents. They include slip and fall accidents, medical malpractice, product liability, workplace accidents, assault and battery, and even dog bites. Essentially any type of injury that is caused by someone else’s negligence is considered a personal injury.
2. **Statute of Limitations**: Every state has a statute of limitations that sets a deadline for filing a personal injury lawsuit. This period typically starts from the date of the injury. If you fail to file a claim within this timeframe, you could forfeit your right to legal recourse.
3. **Contributory and Comparative Negligence**: In some states, if you’re partially at fault for your injuries, it can affect your compensation. In ‘contributory negligence’ jurisdictions, you may be barred from recovering damages if you’re even 1% at fault. In ‘comparative negligence’ states, your damages would be reduced in proportion to your degree of fault. This is why you should be careful what you say on reports as many insurance companies will try to blame you so they do not have to pay as much.
4. **No Guaranteed Compensation**: Winning a personal injury case does not guarantee payment. If the defendant has no insurance or assets, collecting damages can be difficult. Sometimes, the defendant’s insurance policy may not cover the full extent of your damages.
5. **Settlements Are More Common**: The vast majority of personal injury cases are settled out of court. Settlements are typically less stressful, less time-consuming, and less risky than going to trial. However, you need a skilled attorney to negotiate the best possible settlement on your behalf. They will be able to guide you through the process.
6. **Pain and Suffering**: Compensation in personal injury cases isn’t just about medical bills and lost wages. You could also receive compensation for physical pain and emotional suffering. These ‘non-economic damages’ can be difficult to quantify, but can significantly increase the value of your claim.
7. **Punitive Damages**: In some cases, if the defendant’s conduct was particularly egregious, you might be awarded punitive damages. These are not intended to compensate you for your loss, but rather to punish the defendant and deter similar conduct in the future. A lawyer can advise you if these apply to your case.
8. **Insurance Companies Are Not on Your Side**: Insurance companies are businesses aiming to minimize costs. They might offer you a settlement that is far lower than what you could be entitled to. It’s often wise to consult an attorney before accepting an insurance company’s offer.
9. **Medical Examination**: You might be asked to undergo a medical examination by a doctor of the insurance company’s choice. This ‘independent medical examination’ could be used to dispute the severity of your injuries. Any doctor you visit should document your visit so that it can be used in your case.
10. **Pre-Existing Conditions**: If you have a pre-existing condition that was aggravated by the incident, you could still receive compensation. However, insurance companies often use these conditions to downplay the extent of injuries caused by the accident.

In conclusion, personal injury law can be a complex field, filled with potential pitfalls. A skilled attorney can help navigate these complexities, advocate for your rights, and work to secure the compensation you deserve. Contact a lawyer near you if you need help.