Frequently Asked Questions About Personal Injury Cases

• What are personal injury cases?
• What is negligence?
• How would I know if I have a personal injury case?
• What should I do if I’m hurt in an accident?
• Why shouldn't I deal with insurance companies on my own?
• What are punitive and compensatory damages?
• What are some things not to do if I suffer a personal injury?
• How do I value my personal injury case?
• When should I call a personal injury attorney?
• Will my case go to trial?

What are personal injury cases?
Personal injury cases start from such a wide range of circumstances that it’s impossible to list them all. Some of the most common are car accidents, motorcycle accidents, slip and fall injuries and work injuries. Any time someone is injured by the negligence of another person or company there could be a personal injury claim. there are times when personal injury attorneys handle negligence claims that don’t involve personal injuries at all. Negligent destruction of property would be an example. A personal injury attorney should be able to tell you whether or not you have a case.     back to top

What is negligence?
The law requires us to act with “reasonable care”. Technically what constitutes reasonable care will vary some from state to state and from situation to situation. When a person or company does not act with the reasonable care required by a given circumstance there is negligence. That’s important because in order to recover for most personal injuries you and your personal injury attorney will have to prove that someone or company was negligent, and that the negligence caused your injury.     back to top

How would I know if I have a personal injury case?
The best way to find out whether or not you have a personal injury claim is to talk to a personal injury attorney. In general you and your attorney will have to prove 3 things in order to recover in a personal injury case.
1. That you actually suffered damages.
2. That the defendant was negligent.
3. That the defendant’s negligence caused your damages.
Having a valid claim doesn't insure you'll be able to collect on that claim. Your attorney will have to investigate whether or not you would be able to collect. If the other party does not have insurance and does not have other assets that could be used to compensate you then you may have a valid claim but will not be able to collect compensation for it.     back to top

What should I do if I’m hurt in an accident?
First and foremost get medical attention. If you’re able you should be creating a record that will help protect your claim. File a report with the police either at the scene or as soon as possible afterward. Try to get names and contact information of any witnesses. If you can write down exactly what happened as soon as possible after the event.

Accident scene photographs often provide valuable evidence that can’t be duplicated after the fact. You may not have a camera with you but if your cell phone will take photographs use it. It's also important to talk to a personal injury attorney as soon as possible. They will instruct you about how to proceed, what kind of records you should be keeping and how to handle the phone calls from the other party’s insurance company.     back to top

Why shouldn't I deal with insurance companies on my own?
Very simple, the insurance company does not have your best interests at heart. The business of an insurance company is to take in as many premiums as possible while paying out as few claims as possible. Their employees are trained to minimize or outright deny your claim, and they employ a variety of tactics to accomplish that. Sometimes they may even pretend to be on your side and say they want to help you get your claim resolved quickly.

This is their job, they do these negotiations for a living. You need someone equally experienced in negotiating on your side. An experienced personal injury attorney knows how to work with insurance companies.     back to top

What are punitive and compensatory damages?
Punitive damages are intended to punish the defendant and to discourage others from engaging in the kind of negligence involved in your case. Some states have eliminated or “capped” punitive damage awards. Where they are allowed, an award of punitive damages typically requires a showing of something more than mere negligence.

Compensatory damages, on the other hand, are damages meant to compensate the injured. They pay you back for your actual losses. In some states, compensatory damages may cover only actual economic losses, like medical bills and lost income. In others, compensatory damages may include compensation for things like pain and suffering and loss of enjoyment of life. The purpose of compensatory damages is to put you as nearly as possible back in the position you would have been in had the defendant’s negligence not occurred.     back to top

What are some things not to do if I suffer a personal injury?
Don’t sign anything without consulting an experienced personal injury attorney. Do not try to negotiate with an insurance company, any insurance company, without consulting an attorney. Don’t make a statement, even one you're told is “off the record” without consulting an attorney.

Do not evaluate or make any statement about your injuries before you know the extent of them. It’s not always immediately apparent how serious your injuries are and if you say you feel fine at the scene it may come back to harm you. The bottom line is that it’s best to get advice from an experienced personal injury attorney before taking action of any kind outside of seeking medical attention.     back to top

How do I value my personal injury case?
A number of factors figure into the value of your personal injury claim. The value of your case is impacted by the nature and extent of your injuries, the amount of your medical bills, any lost wages, property damage suffered and other financial losses. Pain and suffering and present and future disability also factor into your potential claim. Even after those factors are considered there can be significant variations in the value of a claim.

Depending on the amount of insurance involved or the assets of the defendant, any partial fault of the injured person, the victim’s willingness and ability to invest a long period of time in litigating the claim versus the need for a relatively quick settlement. Assessing the value of your case isn’t an exact science and your personal injury attorney won’t be able to give you a definite value up front. However, an experienced personal injury attorney will know how to weigh the various factors to give you an overall picture of the strengths and weaknesses of your case.     back to top

When should I call a personal injury attorney?
Immediately after your injury would be best. Every state has different statutes of limitations, time periods that can forever bar you from bringing a personal injury claim. Even if you’re well within the limitations period timely legal advice is advisable. There is a lot to consider, maintaining records, who you can and cannot talk to and the necessity of following your doctor’s advice to the letter. Getting advice and guidance from an experienced personal injury attorney as soon as possible will help you avoid mistakes that could later harm your case.     back to top

Will my personal injury case go to trial?
Less than 1 in 4 personal injury cases ever go to trial and most of those settle before the trial ends. Whether or not your case goes to trial, though, isn’t dependent just on the odds. It’s dependent on a variety of factors like the value of the claim, the insurance company involved, the certainty of the evidence, and other factors. An experienced personal injury attorney will be able to give you a better feel for whether or not your case will likely go to trial.     back to top