First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Some personal injury claims could be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

It depends on whether the person died as a result of injuries from the accident or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.

The critical issue in many personal injury cases is just how a “reasonable person" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an "ordinary reasonable person" would have acted. The determination of whether a given person has met the "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

Yes. Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.

An attorney can often obtain more money for your claim than you can obtain on your own. It is the goal of every insurance adjuster to minimize claims payouts to increase the profits of the company. Adjusters are often rewarded by their employers for resolving claims quickly for a minimal sum or no compensation at all to the injured claimant. Therefore, the goal and purpose of an insurance company is in direct conflict with your best interests. The job of your attorney is to obtain the maximum amount of compensation for your injuries. Your attorney's sole job is to work on your behalf and fight the insurance company, in court if necessary, to obtain the best possible outcome for you.

In cases where you have a severe injury, (broken bones, surgery, scars, a head injury, or other permanent injury), and in cases which involve criminal activity (hit and run, DUI, DUS, reckless behavior, or violations of laws and regulations, etc.), it is critical to retain an attorney to ensure that you are receiving the full value of your claim. Under these and other exceptional circumstances, you may be entitled to an award of punitive damages in addition to compensation for your medical bills, lost wages, and pain and suffering. An attorney knows when to make a claim for punitive damages on your behalf.

In addition, you may be entitled to a recovery under multiple policies of insurance provided by other insurance carriers, including your own, who my provide coverage applicable to your claim. The attorneys at this firm have years of experience handling personal injury cases. We know how to assess the value of a case and we know how to locate other sources of recovery for you. This is where the services of an attorney prove to be most valuable. It is critical that you consult with an attorney prior to signing any document presented to you by an insurance company. Without an attorney, you may be signing away your right to additional compensation for your injuries.

It is the goal of every insurance adjuster to minimize claims payouts to increase the profits of the company. Adjusters are often rewarded by their employers for resolving claims quickly and for a minimal sum or no compensation at all to the injured claimant. Therefore, the goal and purpose of an insurance company is in direct conflict with your best interests.

Insurance companies often send adjusters directly to your home with a checkbook in hand within days or hours of your accident. They know you are at your most vulnerable at this time. They want to settle your claim before you can consult an attorney or even a doctor regarding your injuries. Under the laws of your state, you often have a period of years within which to bring your claim. Thus, there is no reason to feel pressure to accept a quick or unreasonable settlement offer. Take your time, consult your doctor and seek the advice of counsel before accepting any money or signing any documents from the insurance company. Once you sign a release, your claim is over. If you change your mind, or your injuries worsen, the insurance company will not be responsible for any additional payment on your claim.

Recorded statements are taken for the sole purpose of utilizing your own words against you at a later date. Even a seemingly innocent comment can be misconstrued and can be used to deny payment on your claim. These statements are recorded to preserve your testimony for use at trial. Under no circumstance should you ever provide a recorded statement without first seeking the advice of an attorney. In most instances, the recording can be avoided.

Unlimited medical authorizations enable insurance companies to obtain and investigate your most personal information to include medical records, employment records, educational records, and financial records. They are used to find evidence which in many instances the insurance company will use against you to deny payment or reduce your recovery. Under no circumstance should you ever provide an unlimited authorization to an insurance company without first seeking the advice of an attorney. When you retain an attorney, the attorney will obtain only the records necessary to support your claim and will provide only those documents to the insurance company in order to protect your privacy.

Every case is different. The value of your case will turn on a variety of factors which your attorney can assess to determine a range of acceptable settlement values. The severity of your injury, the length of your medical care, the amount of damage to the vehicles involved in the collision, the amount of your medical expenses, the conduct of the defendant, and the jurisdiction in which your case would be filed, all play a critical role in determining the ultimate value of a claim.

You cannot determine the value of your case based on a simple formula nor should you evaluate your case based upon stories of settlements obtained from unreliable sources or even settlements obtained by friends and relatives under different circumstances. No two cases are alike and each should be evaluated on its individual merits by an attorney with experience in handling personal injury claims in your area.