10 Personal Injury FAQs
When you experience an injury due to someone else's negligence, it can be a confusing and overwhelming time. You may be dealing with medical bills, lost wages, and emotional stress, all while trying to work through the legal process.
Understanding your rights is crucial, and knowing the answers to common questions about personal injury claims can help us make informed decisions. In this blog, we’ll address frequently asked questions about these cases, giving you the knowledge we need to better understand our situation and take the appropriate next steps. If you've been injured in an accident, contact our personal injury lawyer as soon as you can to learn about your options for seeking financial compensation.
1. What Is a Personal Injury Claim?
A personal injury claim is a legal case you file when you've been injured due to the negligence or wrongful actions of another party. The purpose is to seek compensation for damages, including medical expenses, lost wages, and pain and suffering.
These claims cover a wide range of accidents and incidents, such as:
Car accidents
Slip and falls
Medical malpractice
Workplace injuries
Product liability
Dog bites
Assault or battery
2. How Do I Know If I Have a Valid Claim?
To have a valid claim, four elements typically need to be proven:
Duty of care: The responsible party owed us a duty of care. This means they had a legal obligation to act in a way that would prevent harm. For instance, drivers have a duty of care to follow traffic laws, and property owners have to maintain safe premises.
Breach of duty: The party failed to meet their duty of care by acting negligently. This could include reckless driving, failing to fix dangerous property conditions, or not providing proper medical treatment.
Causation: The breach of duty must have directly caused our injury. There needs to be a clear link between the negligent action and the harm we suffered.
Damages: We must have suffered actual damages, such as physical injury, emotional distress, medical expenses, or financial loss, as a result of the injury.
If these elements are present, you likely have a valid claim. Speaking with a lawyer can help clarify whether you have a strong case.
3. What Damages Can I Recover?
Economic damages include measurable financial losses, such as:
Medical bills (past and future)
Lost wages
Rehabilitation costs
Property damage (e.g., repairs for a car after an accident)
Non-economic damages are more subjective losses that aren’t easily quantified, such as:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of companionship (in wrongful death cases)
In some rare instances, punitive damages may also be awarded. These are meant to punish the defendant for egregiously reckless or malicious behavior, though they’re less common in personal injury cases.
4. How Long Do I Have to File a Claim?
The amount of time you have to file a claim is governed by the statute of limitations, which varies by state. Typically, you have two to three years from the date of the injury to file a claim, though some states may have shorter or longer time limits.
There are exceptions to this rule, such as in cases where the injury isn’t discovered immediately (e.g., medical malpractice) or when the injured party is a minor. In such cases, the clock for the statute of limitations may start when the injury is discovered or when the victim turns 18, according to the Judicial Branch of California. It’s important to consult with an attorney as soon as possible after your injury to make sure you don’t miss the deadline for filing a claim.
5. What Should I Do After an Accident or Injury?
Seek medical attention: Our health is the top priority. Even if your injuries seem minor, it’s important to see a doctor to document our condition. Medical records will be crucial evidence in your claim.
Report the incident: Whether it’s a car accident or a slip and fall, report the incident to the appropriate authorities. For car accidents, call the police to file a report. For injuries on someone else’s property, report the accident to the property owner or manager.
Gather evidence: If possible, collect evidence from the scene, such as photos of our injuries, property damage, and the environment. Gather contact information for any witnesses who can corroborate our account of the incident.
Contact an attorney: It’s in your best interest to speak with an attorney before communicating with insurance companies or agreeing to any settlement offers. An experienced lawyer can help protect your rights and get you the compensation we deserve.
6. How Much Is My Case Worth?
The value of your personal injury case depends on several factors, including:
The severity of our injuries
The cost of medical treatment (past and future)
The impact on our ability to work
The degree of pain and suffering we’ve experienced
Whether there’s clear evidence of negligence
An attorney can evaluate our case and help estimate its potential value based on these factors. Keep in mind that every case is unique, and there’s no one-size-fits-all answer to how much a claim is worth.
7. Do I Need a Lawyer for My Case?
While it’s possible to handle a claim on our own, it’s usually in our best interest to hire an experienced attorney. Personal injury law is complicated, and insurance companies often try to minimize payouts to injured individuals. An attorney can help by:
Investigating our case
Negotiating with insurance companies
Gathering necessary evidence
Hiring professional witnesses (if needed)
Representing us in court (if our case goes to trial)
With legal representation, we’re more likely to receive the full compensation we’re seeking.
8. Will My Case Go to Trial?
Many personal injury cases are settled outside of court through negotiations with insurance companies. However, if a fair settlement can’t be reached, our attorney may recommend taking the case to trial. Trials can be lengthy and costly, but sometimes they’re necessary to secure the compensation we’re entitled to. Our lawyer will advise you on whether going to trial is necessary.
9. How Long Will It Take to Resolve My Case?
The timeline for resolving a personal injury case can vary greatly. Some cases settle in a few months, while others can take years, especially if they go to trial. The intricacy of the case, the severity of your injuries, and the willingness of the insurance company to negotiate can all affect how long it takes.
Our attorney can give you a better idea of how long your specific case may take, but it’s important to be patient and allow the process to unfold properly so we get fair compensation.
10. What If I Was Partly At-Fault for My Injury?
You may still be able to recover compensation under the concept of comparative negligence. This legal principle allows you to recover damages based on the percentage of fault assigned to each party. For example, if you were 30% at fault for a car accident and the other driver was 70% at fault, you could still recover 70% of the total damages awarded. However, your compensation will be reduced in proportion to your level of responsibility.
Reach Out to an Attorney Today
Understanding the basics of personal injury law can empower us to make informed decisions after an accident or injury. If you believe you have a personal injury case in Essex County, Peabody, Danvers, Salem, or Beverly, we should consult an experienced attorney as soon as possible.
Our attorney at the Law Offices of Stephen D. Walsh can guide you through the challenges of the legal system, protect your rights, and help you obtain proper compensation.