US PERSONAL INJURY LAW

Personal Injury Law involves civil law cases designed to obtain compensation for injury to your person. The personal injury attorney usually tries to negotiate with the opposing party or their insurance company. If necessary, and if the attorney thinks you have a good chance of winning, the case may go to trial.

The law recognizes the importance of an individual's health and safety, and is the primary vehicle to resolve personal injury issues. The law protects those who have been injured in an automobile accident, in a building owned by another party or by a defective product.

It also covered those who have been exposed to toxics substances, such as asbestos, and those accused of committing such acts. Often, insurance covers the problems and issues relating to the health and well being of an individual. Some people find difficulty in attempting to recover for claims from insurance companies, and need legal assistance. This is especially true for complex cases, such as those involving medical malpractice. The main concerns in a personal injury case are negligence and liability. Before you can collect an award, your attorney will have to prove that the defendant is liable. To prove liability, the attorney must establish negligence.

If there is a failure to exercise reasonable care to prevent injury or damage then there may be negligence. Once liability and negligence have been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings as well as for pain and suffering.

Many trial attorneys have rewarding careers litigating personal injury cases. Attorneys who are successful and rewarded in this practice area are skilled presenters, and enjoy the advocacy role. They represent people who suffered “damage to their person.” While that might bring to mind some late night television advertisers soliciting whiplash victims, most often, attorneys in this practice area are representing victims who have been damaged in ways that affect them for the rest of their lives. The personal injury lawyer’s job is to “prove damages,” or to maximize monetary compensation for an injured client.

To do so, a personal injury lawyer will actively engage in investigation of the accident or event that caused the injury, and will almost always call upon medical and/or technical experts for testimony. They are adept interviewers, gathering information from witnesses, medical professionals, insurance companies, and victims. They are persuasive communicators, and often must know how to use sophisticated technology for graphics and visuals to demonstrate their case to a jury.

Personal injuries happen in a variety of situations, but some basic principles apply.

Basic Elements of Most Personal Injury Matters:

Prove that the person was careless or negligent

The negligence caused the accident

And the accident caused the injuries

Statute of limitations - the time limit when you must bring a claim

How Much is Your Case Worth?

How much your personal injury case is worth depends on a number of factors, including:

Severity of the injuries

Amount of medical bills

Pain and suffering

How the injuries have affected your ability to work

How the injuries have affected your lifestyle

Your age

Your future medical prognosis

Any pre-existing injuries

How to Help Your Personal Injury Claim

Document the facts of your injury

Collect physical evidence and take photos

Keep all your medical records and receipts

Locate witnesses

Common Types of Personal Injury Matters

Automobile accidents - rear enders, fender benders, drunk drivers, etc.

Product liability - defective or dangerous products that cause injuries

Premises Liability - injury occurring on the property of another person or business

Medical Malpractice - patient injured by a health care provider

Construction Accidents - injured on a construction site as an employee or worker

Dog Bites / Animal Attacks - attacked by an animal with a vicious propensity

Personal Injury Time Limits

Like many cases there are time restraints put on when you must file your personal injury matter in Court. These time limits are called "statute of limitations" and each state has different ones. Consult with a local attorney if you are unsure of the statute of limitations in your area.

If you or a loved one have been injured, you should speak to an attorney immediately to learn more about preserving your rights and remedies.