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In this comprehensive guide to personal injury law, we unveil the benefits of having seasoned attorneys at your side to navigate personal injury lawsuits.
Accidents are a tragic reality in life, leaving its victims with the physical, emotional, and financial aftermath. Personal injury law offers recourse to those seeking justice and compensation for the harm they’ve endured through the submission of a personal injury claim.
Research by the U.S. Bureau of Justice indicates that there are over 400,000 personal injury claims every year but only a shocking 4% go to trial. This alarming statistic further makes the case for personal injury lawyers.
Personal injury lawyers advocate for the victims’ claims by guiding them through the complicated legal labyrinth of personal injury cases. From car accidents to medical malpractice, these attorneys specialize in many cases designed to seek reparation for the injury victims.
In this article, we’ll review the intricacies of personal injury law, dive into the critical components to keep in mind when filing a claim and touch upon how Frantz Law Group, a renowned personal injury law firm, can be your guide through these trying times.
Types of Personal Injury Cases
Personal injury law encompasses a wide range of practice areas, each representing unique circumstances to navigate through as the claimant. Whether the incident is rooted in accidents, negligence, or intentional actions, seeking legal representation is a must to secure your maximum compensation.
Here are the most prevalent types of personal injury tort cases you’ll hear about:
- Car accidents: Road collisions can sometimes result in severe injuries and property damage. Personal accident lawyers assist accident victims in navigating insurance claims and legal proceedings to recover any damages.
- Slips and falls: Inadequate maintenance, improper safety conditions, or negligence can lead to slip and fall accidents, causing injuries like fractures or spinal cord damage.
- Medical malpractice: If there are any deviations from standard care practices and a medical practitioner’s negligence leads to harm, attorneys can help pursue compensation for pain, suffering, and other losses from the at-fault party. For example, nursing home abuse.
- Defective medical device: This covers patient harm caused due to faulty/defective products or devices like implants or prosthetics. In such cases, claimants can pursue legal action against manufacturers for product liability.
- Workplace injuries: Employees injured on the job can be entitled to claim workers’ compensation benefits. This can also cover gross employer negligence.
- Assault and battery: This covers victims of physical attacks against their attackers. These cases sometimes cover premises liability if inadequate security was a factor to the assault.
- Catastrophic injury: Injuries that have lifelong consequences like paralysis or severe brain damage fall under this category. The attorneys here fight for long-term care and a better quality of life for the victims.
- Construction accidents: Construction sites naturally possess inherent risks. Accidents due to unsafe conditions or improper safety measures come under this case category.
- Traumatic brain injuries: TBIs from accidents can lead to long-term cognitive and physical damage and emotional impairments. The compensation here usually is related to medical care and rehabilitation.
- Motorcycle accidents: Motorcycle riders face more risks on the road due to rash driving and negligent drivers. Attorneys can help recover damages from those injuries.
- Dog bites: Animal attacks can cause severe injuries and psychological distress. Here, victims can file a claim against negligent pet owners.
- Wrongful death: When a person’s death is caused by another party’s negligence or intentional actions, surviving family members/next of kin can pursue a wrongful death claim.
- Aviation accidents: This covers injuries sustained during plane crashes or other aviation failures that necessitate legal attention.
The Role of a Personal Injury Lawyer
Personal injury cases can quickly become complex and usually require technical legal processes a layman would not be aware of. This is where a personal injury lawyer comes in.
Here’s a closer look at the role they would play and why it’s beneficial to hire one:
- A personal injury lawyer often provides an initial consultation where they assess the facts of the case and advise potential clients on the best course of action.
- Attorneys are responsible for investigating the claim, collecting evidence, interviewing witnesses, and collaborating with experts to build a robust case.
- Filing legal documents such as responses, motions, and appeals falls under the purview of the personal injury lawyer as well.
- Lawyers play a critical role in negotiations with insurance companies on behalf of clients.
- Finally, personal injury attorneys provide representation in court where trial lawyers litigate if negotiations between the parties fail.
The Personal Injury Legal Process
Here’s a quick breakdown of the key stages involved and how long a personal injury case can take from A to Z of the process:
- Filing the complaint: The process kicks off with the plaintiff’s personal injury lawyer filing a complaint and outlining the allegations within the claim. This is a formal document that represents the start of the lawsuit.
- Discovery phase: During this phase, both parties exchange information, witness testimonies, and any relevant evidence. It can be a longer process due to its intensive nature.
- Mediation and negotiation: Before proceeding to trial, parties might opt for mediation or negotiation to attempt to reach a settlement. If resolved, the case doesn’t go to court.
- Trial and judgement: If a private settlement isn’t reached, the case will proceed to trial. Here, attorneys on either side present the case with relevant evidence and witness cross-examination, allowing for a judgement to be given.
- Appeals process: If either side is unsatisfied with the trial outcome, the representing lawyer can file an appeal, requesting a review of the case through a higher court.
Compensation in Personal Injury Cases
The types of personal injury settlements that can arise vary depending on the extent of losses incurred. The most common forms of compensation include:
- Medical bills: This can cover hospital stays, surgeries, medication, and rehabilitation.
- Lost wages: If injuries sustained led to time away from work, lost income can be recovered.
- Pain and suffering: Physical and emotional distress is also considered a factor, intangible as it may be. A value can be assigned to it by the court.
- Emotional distress: This covers trauma, anxiety, and other emotional repercussions from the incident that can have lasting effects.
- Punitive damages: Punitive damages come into play if there has been severe negligence or intentional harm. These are designed to punish the defendant for their behavior.
How to Choose a Personal Injury Lawyer
Selecting the best personal injury lawyer can make or break the success of your case. Here are the factors to consider when you’re making this choice:
- Experience and specialization: Look for personal injury lawyers who have a strong success record of cases in their niche. Specialization also makes sure they have the right expertise to handle your case confidently.
- Reputation and reviews: Research the lawyer and their general standing within the legal community. Online reviews and testimonials can offer valuable intel into their professional standards and client satisfaction rates.
- Fee structure and agreement: Some personal injury lawyers work on a contingency fee basis (they only get paid if you win your case) whereas others might charge upfront fees or a retainer. Make sure you can afford the attorney fees structure and any additional fees charged by the legal teams involved.
- Initial consultation and communication: It’s important to find a lawyer who relates to you in your attorney-client relationship and asks pertinent questions. Assess their communication skills and how proactively they listen to you during your initial consultation.
Frequently Asked Questions (FAQs)
Questions to Ask a Personal Injury Lawyer Before Hiring Them?
Some important questions to ask a personal injury lawyer before signing a contract with them are:
- What is your fee structure?
- How did you handle cases similar to mine?
- What is the estimated timeline for resolving my case?
- How long have you been practicing in this specialty?
- What is the fair compensation I can expect?
What is Personal Injury Protection, and Should You Invest in It?
Personal Injury Protection, also called no-fault insurance, is insurance coverage for medical expenses and loss of income in the event of a ‘no-fault’ accident. PIP insurance is mandatory in states with no-fault laws. It’s currently not mandatory in California.
Contact Frantz Law Group for a Free Consultation
Any victim of a personal injury incident has the right to seek justice and compensation for losses suffered. Having an expert personal injury lawyer at your side can make all the difference in your efforts.
Are you seeking legal advice or legal help related to motor vehicle accidents? Do you want to get justice for a serious injury you suffered through no fault of your own?
Frantz Law Group stands out, with experienced attorneys specializing in various case types including personal injury law.
If you, or a loved one, have experienced an injury or loss due to negligence, an accident, or intentionally in a personal injury case, reach out to us for a free consultation.
Our law firm comes with a dedicated team that is here to put your needs first and chart a path towards justice.
Don’t let your rights go unclaimed—contact us and take the first step toward getting yourself the compensation you deserve today!