What is “Personal Injury”?
Personal injury is when an individual is injured or suffer damages because of an accident
caused by another person’s (a) negligence or (b) failure to exercise reasonable care. The
threshold of reasonable care depends on the circumstances of each case, but the injury must
be caused due to some action or omission (failure to act) on part of the other person.
What types of damages are included in a personal injury case?
A personal injury case includes both personal harm and damages to property. Personal harm
includes physical injuries to the body such as bruises, burns, scratches, fractures, wounds, etc,
as well as mental and emotional injury such as depression, anxiety, PTSD, etc. You can have
both physical and mental injuries at the same time and independently, all of which are
recoverable as damages. You can also recover damages for future pain and agony arising out
of the incident.
Property damage includes all kind of damages which can reduce the value of that property or
reduces its use or efficiency or alter its looks. It can include dents, bends, scratches, marks,
discoloration, permanent stains, etc. Property here may include different types of belongings
such as a vehicle, bicycles, scooters, or even personal items inside the car or tangible things
of value.
How to determine liability and how to prove a claim in Court?
In the court of law, everyone is innocent until proven guilty. From the moment our attorneys
review your case, we use our expertise to establish liability of the at-fault party so we can
maximize your results and move your claim forward successfully. Without establishing
liability, you will not be able to receive damages for your claim.
How much is my Personal Injury case worth?
Damages are calculated by the experienced lawyers on a case-by-case basis. It is important to
see that your recoverable damages are reasonably more than the cost of lawsuit itself.
Recoverable damages means the total amount which can be recovered by you from the at-
fault party, which may include:
a) current and future losses,
b) loss of wages,
c) loss of future prospects in case of permanent injury,
d) medical bills,
e) loss of care,
f) pain and sufferings, etc.
Our experience personal injury lawyers will review your damages and assist in proving up the
value of your claim against the at-fault party and their insurance carrier. Often times, injured
parties are unaware of the full scope of damages that may be covered by their claim. We
make sure to fight for every penny.
What are other important considerations when it comes to Personal Injury Claims?
Personal Injury claims are filled with many aspects and technicalities. For example, the time
limit for filing a lawsuit, the minimum or maximum cap on damages through an insurance
company, or even coverage issues with your own insurance company. Each state even has its
own requirements as to timing of lawsuits, insurance requirements, and potential damages.
To ensure maximum recovery and have a sense of relief with regard to the direction of your
claim, you can contact any of our attorneys for a free consultation to review your options.
What are Punitive Damages in a Personal Injury Case?
Sometimes when the conduct of the person is outrageously careless and there is case of gross
negligence that the court deems fit that the person should be penalised along with granting
you the damages. Sometime punitive damages are also paid to the plaintiff to make sure that
the defendant learns his lessons. These kind of damages acts as deterrent to the careless driver
and would set an example for others.
What should I do if an Insurance Adjuster approaches me for a statement in a Personal
Injury Claim?
Insurance adjusters have a primary goal of minimizing your damages or dismissing your
claim completely without paying any damages. Anything you say to an insurance adjuster
will likely be recorded and used against you and your claim. Our best advice is simple: before
speaking to any insurance representatives or making any statements, schedule your free
consultation with one of our attorneys. You have absolutely nothing to lose. We also proudly
have a no win, no fee guarantee – meaning we will represent you with no out-of-pocket cost
to you, and if we are not successful, you won’t pay a cent!