A personal injury claim, in a nutshell, is injury to the body, mind, or emotions of an individual.
Used to describe injury caused by the negligence of another, it includes bodily injury, intentional infliction of emotional distress, and negligent infliction of emotional distress.
When someone harms you, knowingly, or through their own negligence, you have a right to compensation, a right to have things made right.
In our culture that usually means monetary reimbursement.
How To Know If You Have A Case
Traffic accidents, work injury, tripping or falls, assault, accidents in home, product defect resulting in injury, medical and
dental accidents, medical negligence, industrial diseases, occupational deafness, stress, and repetitive strain injuries are just some of the many forms of personal injury claims.
All cases are dependent on the intent or negligence of the responsible party.
Be aware of time limitations on cases, each state sets their own statutes of limitations and it is vital you check with your local regulations to determine case viability.
If you wait too long, you may be ineligible to file a claim at all!
Steps To Take Once Injured
The first step, always, is to take care of your health! After that the following is advised;
- Confirm eligibility by checking your states limitation statutes
- Collect evidence ex: what, when, why, how, who
- Record EVERYTHING ex: bills, hospital visits, lost work/wages
- Gather contact information of witnesses and confirm their willingness to participate
How To Find The Right Legal Representation
If they charge for the consultation – Leave
If they want payment upfront – Leave
If they are slimy, cackling, or rubbing their hands together vigorously – LEAVE
A good personal injury lawyer will be paid from the settlement, will ask what you expect from the settlement, and will make you feel as comfortable as possible.
Never forget that you are hiring this person to do a job for you, just like a contractor, gardener, or computer technician.
You are their employer, but you have to make it as easy as you can for them to do their job.
You do this by bringing all relevant information to the initial consultation and being as upfront and complete about the details of the case as you can.
Things To Consider About your Lawyer
- Experience in your type of case
- Lawyers specialty – hiring a tax attorney to represent you in a personal injury is bad
- Whose side is the lawyer on? Does he most often represent defendants” If so, find someone else
- Ensure the lawyer you meet with will be handling your case – don’t let him pass you off to a less experienced lawyer
Settlement Considerations
Your goals are what are important here. It is imperative you make them clear to your representative.
Ensure you are both on the same page with your case expectations.
Whether it be a quick, hassle free settlement, beating out the insurance companies offer, or going for the most you can regardless of how long it takes.
Make sure your working toward the same goal.
If you feel you have been wronged, and you have done all your homework, a personal injury claim is for you.
Don’t let an insurance company, your employer, or anyone else roll over you.
With a little diligence you have the right, and the power, to make things right.
Today’s guest author is T. Beasley from the Rue, Ziffra & Caldwell blog team.
He enjoys writing and sharing his views on a variety topics but his true passion is spending time with his family