Common Legal Question Regarding Personal Injuries

Common Legal Question Regarding Personal Injuries

How do I know if I have a case?
How do I choose the lawyer that is right for me?
What happens if I choose the wrong lawyer?
Why is it important to choose a “comprehensive” law firm?
What is different about attorneys who have experience with serious injury cases?
What is the statute of limitations in my case?
How much will getting a lawyer cost me?
How do I pay for legal assistance?
How is negligence proven?
What is my case worth?
What compensation am I entitled to if I was wrongfully injured?
What are compensatory damages?
What are punitive damages?
Should I sue?
What can an experienced attorney do for me?

How do I know if I have a case?
The only way you can be sure that you have a case is to run all the facts by a trained area injury or malpractice lawyer who knows the law and is aware of your rights. He or she will sit down with you free of charge to help you determine if you have a case. Once it is decided that you are able to legally proceed, a personal injury attorney will be assigned to your case to help you make the strongest argument in your favor.

How do I choose the lawyer that is right for me?
Support groups, advocacy organizations, medical, and rehabilitation professionals can often recommend experienced accident or injury attorneys in your area. Community resources and referrals can help you find the perfect injury attorney. First and foremost, look for an injury or malpractice attorney who has experience litigating cases with your particular injury. Click Here for more tips on choosing the right attorney.

What happens if I choose the wrong lawyer?
Injury cases settle with an eye toward providing the needed care after attorney’s fees. If you are successful, the client lives as normal and full a life as the injury allows. If not, the client does without for the rest of their lives, the liability wouldn’t support a large enough settlement to meet the needs.

The key requirements for the successful injury or malpractice attorney are understanding of what is needed and what is being presented, the ability to know what experts and what testimony is needed to explain all the facets of the injury, and the ability to work with the client to put this all together in a way that is complete and that anyone will understand.

Why is it important to choose a “comprehensive law firm”?
Many Cleveland personal injury law firms focus primarily on the bottom line – how much money they can get their clients. Cleveland injury and malpractice lawyers featured in this website are all “comprehensive” injury lawyers – they know there’s more to an injury case than just money. They treat their clients as people who need guidance and support, and they go out of their way to provide help in every area of your life affected by the unexpected injury.

What is different about attorneys who have experience with serious injury cases?
Attorneys who have experience litigating serious injury cases are far better prepared to deal with all the aspects of your case then attorneys who have handled few. If you choose an experienced injury or malpractice attorney, chances are you will get better results.

What is the statute of limitations in my case?
The statute of limitations is the specified time period that the law permits a claim to be filed against a responsible party. The statute of limitations varies for cases involving children and adults, and also differs from state to state. It is important that when a serious and catastrophic injury occurs, an attorney and trained investigators are retained as quickly as possible after the accident or injury so that any potential third parties, other than the employer, can be identified and any evidence be preserved.

How much will getting a lawyer cost me?
First of all, it won’t cost you anything to inquire with your area personal injury attorneys. Your initial consultation is usually free of charge. Once you decide to hire an attorney to represent you, most firms work on a contingency fee basis, meaning they won’t ask for payment until a recovery is made.

How do I pay for legal assistance?
Personal injury attorneys are usually paid by contingency fee – this is a percentage of the amount that is successfully recovered for the client. If there is no recovery, the attorney does not get paid. Typically, the client is responsible for costs associated with litigation. Attorneys may also request to be paid by the hour.

How is negligence proven?
Accidents are usually caused by someone’s carelessness or failure to act. Oftentimes it is a combination of negligent acts or a failure to act by one or more persons or entities that cause an accident to occur. The law requires that each person owes every other person a duty to act as a reasonably prudent person would act under the same or similar circumstances. When a person or entity does not act reasonably, then they have violated that duty and will be held responsible for any injury or damage that results. This duty is created from statutory laws or prior cases that have evolved over time.

What is my case worth?
The value of a case generally depends on what a jury thinks is fair compensation for the injuries sustained. The jury is the final and best arbiter. The true value depends on the kind of malpractice, the nature of the injury, the severity and permanence of the damages, the credibility of the witnesses, whether the jury likes you and your family, and whether the doctor is credible and genuine. Just as you will be properly prepared to be a witness, instructed as to how to behave and advised as to your appearance, so will all the health care providers be trained and practiced to win.

What compensation am I entitled to if I was wrongfully injured?
Your legal rights to compensation may include:

  • Payment of medical bills
  • You may be entitled to have your medical expenses, past and future, paid:
    • Hospitalization
    • Surgical procedures
    • Ongoing medical care
    • Counseling
    • Scar revision/Cosmetic surgery
    • Physical therapy
    • Occupational therapy
  • Compensation for loss of income
  • You may be entitled to have your lost wages, past and future, paid.
  • Vocational rehabilitation (job retraining) You may be entitled to compensation to be re-trained into a new job or occupation.
  • Compensation for pain and suffering You may be entitled to compensation for the pain and suffering you have endured and may continue to endure as a result of your injury.
  • Loss of consortium The spouse of an injured person may be entitled to compensation when an injury is so severe that it interferes with the injured party’s spousal relations. The effected family member may suffer a very real detriment. Many courts recognize the right of the injured party’s spouse to recover in an appropriate case for a loss of support, services, love, companionship, society, affection, sexual relations and solace in the form of a loss of consortium action. Loss of consortium is a claim separate from the injury victim’s claim. It is unique to the injured party’s spouse and is compensable by a separate damages recovery.
  • Disfigurement
  • Any physical or mental impairment or disability

What are compensatory damages?
Compensatory damages “compensate” the injured person for various kinds of losses or damages.

What are punitive damages?
Punitive damages may be recoverable in certain circumstances. Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others.

Should I sue?
Civil law exists to compensate an individual for injuries and losses that were caused by someone’s negligence; a defective product; or some other form of misconduct or failure to act. Persons who are injured in accidents and their family members are often hesitant about contacting an attorney because they believe the accident or injury was in some way caused by the injured individual. This may not be the case and even if the injured individual is partially at fault, it is still possible that more than one person or entity may have contributed to causing that accident or injury and a substantial monetary recovery is still possible. Talk to an experienced lawyer. They can help you decide if you should move forward, and then build a strong case around the facts of your injury.

What can an experienced personal injury attorney do for me?
An experienced attorney can help you assess the amount of damages you are rightfully entitled to under law. They can help determine exactly what dollar amount is fair compensation in your case and we’ll help you get it. It is a proven fact that accident victims with lawyers get an average of more than 3 times more money than those who deal with insurance companies on their own.

 

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