What is a Personal Injury?
A Personal Injury is any physical or mental injury to a person as a result of someone’s negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto accidents – also motorcycle, truck, train and pedestrian
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation accidents and crashes. (Vance is a FAA licensed pilot and has been certified as an AOPA (Aircraft Owners & Pilots Association) panel attorney)
- Professional Malpractice
- Workers Compensation
- Wrongful Death
- Toxic Exposure
What kind of damages does the law allow to “fix & make up” for my injury?
Victims of the negligence or carelessness of others are generally entitled to recover money losses and expenses as a result of an accident that was not your fault. The damages may include, but not be limited to, the following:
- Medical bills,
- Lost Wages, including overtime,
- Pain & Suffering,
- Physical Disability,
- Permanent Scars
- Emotional Trauma,
- Mental Anguish,
- Loss of Enjoyment,
- Loss of Love & Affection,
- Property Damage,
- Out of pocket expenses.
Is my injury worthy of a claim?
To have a personal injury case, you must be able to show that you have been injured, either totally or at least mostly through no fault of your own. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that the someone else (the defendant) is at fault for your injury because of negligence or carelessness, or due to intentional misconduct.
Do I need an attorney?
If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible.
In a serious injury case, you are better off hiring an attorney as soon as possible. The reason why is that insurance companies are most often working behind the scene collecting evidence that favors their position, and, as you might imagine, looking for ways to get out of paying. Be aware of statements from insurance representatives making promises of “being fair” in the end, without putting in writing for you just how much “being fair” will be.
As I offer a free consultation on serious injury cases, with no obligation; you have nothing to lose by calling for a consult before attempting to deal with the insurance adjustor.
Also, please remember that there is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep your case within the statute of limitations.
What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in most personal injury cases. It is contingent when the fee is conditioned upon successful resolution of your case. A contingency fee is paid as a percentage of your monetary recovery. A contingency fee is what is meant when you hear there is no fee unless and until there is a financial recovery? Under lawyer ethical rules, the client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are usually one third of what you win from the case or claim.
If I have a personal injury claim do I have to go to court?
If properly prepared, most personal injury cases do wind up being settled out of court. Insurance companies tend to want to settle, and to pay more in settlement, for the claims that appear to them to be the best prepared. So, the quality of the preparation of your case can and most often does make a substantial difference.