Should I File A Personal Injury Claim In Court?
If you've been hurt and think someone else is at fault
, you need to ask yourself a few basic question to help you know if you should go to court. To begin with, was your injury cased by negligence or failure in ordinary care, and what party is at fault?Will you bear the physical problems from the accident for the rest of your life, or are they transient in nature? Record the amount of money you spent on medical bills, as well the number of days? work you lost.
Third, where did the injury happen? This is vital as the location helps determine ultimately who bears the responsibility for your injury, be it at work, in a store, or in a public location.
If your injury occurred while you were on the job, you will likely be eligible for workers' compensation. Local government is the liable party if you were injured in a store.
You need to be certain of when the injury occurred. The amount of time you can take to file a claim after you've been hurt is limited by statute of limitations.
Do you have to have a lawyer to file a personal injury case? The answer is no, but there are advantages to doing so. If you have only received a minor injury, you could probably do a lot of the initial research on your own.
Soon after you are injured, you should send a letter by certified mail to the person or business you feel is responsible, and they can give the letter to their liability insurance carrier. In the letter you should indicate that you received an injury, then describe the details of your injury and ask for contact information for their insurance company.
Occasionally, the insurance company will send an adjuster, who will attempt to settle a claim between you and the company without involving the court system.
Should you have concerns regarding the fairness or appropriateness of any proposed settlement, it is important to speak with an attorney prior to agreeing to anything. If your injury is serious, you should always contact a lawyer, especially if you think that your injury was caused by another person's negligence.
In most cases the insurance company for the other party in the matter will investigate the matter, but they will not be looking out for your interests, so you want to have someone on your side making sure everything is run as it should be.
How are the legal fees taken care of in personal injury litigation? Most lawyers who take personal injury cases do so on a contingency basis. This means that you don't usually have to put any money up front.
Once your case is settled and you win punitive damages, your lawyer will take a portion of those damages that you have agreed upon through your contract. Most attorney fees equal 1/3 of the award, but this could be different in your state. If your case is unsuccessful, the attorney does not get paid.
When you meet your lawyer for the first time, your first meeting will not cost you a dime. He or she will talk with you about your case and whether or not they think it's a winner. Then more than likely, you will be asked to sign a contract.
While it is true that the attorney is paid a fee only if the suit is successful, it is possible that you will still be required to pay the costs of litigation which could include filing fees, transcripts and witness fees.
But, the person ultimately responsible for such costs also may vary, based on the attorney and the facts of the claim. If you are a new client, some lawyer may ask for money upfront to cover any court costs.
Should you become dissatisfied with the attorney, you have the right to cease the relationship whenever you like. You will probably be billed for the lawyer's billable hours, if you do so.
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