Frequently Asked Questions
What is personal injury?
Personal injury involves civil law cases in which you are trying to obtain compensation for an injury you sustained to your person — and that includes your body, mind and emotions. Legal responsibility, called “liability,” revolves around the simple fact that most injuries happen because someone was careless or “negligent.”
Even if you believe you may have partly caused your own injury, in most states you can still get some compensation from anyone else who was also careless and partly responsible for your injury.
Several factors affect the potential success and value of a personal injury claim. Such factors include the ability to prove the fault of another for your injury and the nature and extent of your injuries.
In pursuing personal injury claims, attorneys work with investigators and experts in specialized areas, who can skillfully investigate the technical and medical aspects of your case. More important, an attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.
What steps should you take if you are injured?
If you become injured or ill at work, your employer must provide first aid (where appropriate) and you must seek medical treatment (if required). You must tell your employer that you have a work-related injury as soon as possible after it occurs. Your employer must provide you with their insurer’s details.
What is your claim worth?
No lawyer can give you an exact estimate of how much money you can expect following a motor vehicle accident. You may qualify for damages, but many factors can affect the value of your claim. These factors include:
- The extent of your injuries (their nature and severity);
- Current medical treatments you require;
- Anticipated future medical treatments you will require;
- Whether you are disabled following the accident;
- Whether your injury is permanent;
- Your ability to work following the accident;
- The amount of lost wages you have incurred;
- The available insurance coverage;
- The defendant’s culpability;
- The credibility of your witnesses and evidence;
- Your ability to take part in normal and routine daily activities; and
- The extent of your pain and suffering.
Even though your attorney cannot tell you exactly how much compensation you will collect, they can look at the above factors, figure out which ones will likely affect your claim, and prepare the best case in response—ensuring that they go after maximum damages on your behalf.
How will fault be determined?
In some cases, paint transfer, “hit and run” scenarios, can help determine who is at fault for an accident. If one car has paint on it that matches the other car, it is likely that the first car hit the second car and can be determined a period after the collision.
What is catastrophic injury? How is this different from other personal injury?
The severity of your injury has a lot to do with the type of legal claim you can make and how much compensation you deserve. For many people, a personal injury is temporary. However, injuries that are life-changing and permanent are considered catastrophic injuries.