subject: Should You Invest Your Time and Money in this Case? [print this page] Should You Invest Your Time and Money in this Case?
How can you tell if your injuries that you believe someone else caused are severe enough to file a claim in court? Who was responsible for the accident, and did any negligence cause your accident? Second, consider the degree of your injury - is it temporary or permanent? Next, how much money have you lost because you are no longer able to work and how much debt have you incurred due to the injury? Where did the injury in question take place? The location is going to assist you in deciding who is responsible for the injury, particularly if it was in a merchant's shop or on a public avenue.
For example, if you were injured at a department store, then the department store's main company would be responsible. If you were injured at your place of work, then your boss and his company would be responsible. Local government is the liable party if you were injured in a store. Fourth, when did the injury occur? There is a statute of limitations rule that dictates when the deadline for filing a claim is, and if you wait too long, it will be too late to file your claim.
Should I retain an attorney to file my personal injury claim? You do not absolutely need an attorney to file a claim, but it is advisable to retain an attorney who is experienced in these types of cases. If your injury is only minor, you may wish to consider representing yourself. Send a letter to the responsible party using certified mail. They'll probably have liability insurance. You want to let them know that you have been injured, tell them what you injured, and request that their insurance company call you. Typically, the insurance carrier will send an adjuster of their own in an attempt to reach a settlement with you before you hire an attorney.
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 you have suffered an egregious injury, then you should not deal with it on your own. You should contact a lawyer as soon as you are able. Usually, the insurance organization that holds the liability policy is going to investigate right away, however if you hire an attorney your rights will be better represented and any proof of your claim will be adequately protected.
How are fees handled in personal injury lawsuits? In most cases, no funds will be required of you upfront, as typical personal injury attorneys work under a contingent fee agreement. The lawyer fees are taken out of any money you are awarded. In most cases, a personal injury lawyer will take up to 1/3 of the portion of your damages, but it depends on where you live. If no damage award is won, the lawyer is not entitled to a fee.
When you meet with the lawyer for the first time, it will be free. Then, should the lawyer decide you actually have a case, you'll sign some paperwork. 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. However, the sharing of these fees will probably depend on the lawyer you hire and also what the details of your case are. If you are a new client, some lawyer may ask for money upfront to cover any court costs. You can fire your lawyer at anytime if you aren't happy. Be aware though, you will be held accountable for the hours he or she has invested into your case.
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