Personal Injury Questions and Answers
Personal Injury FAQs
Here are some personal injury law FAQs that our team of personal injury law attorneys often receive from clients:
There are generally two avenues for obtaining money for your injuries: 1) filing a lawsuit (suing), or 2) reaching a mutually agreeable financial arrangement (settling) with the responsible party. In either case, rest assured that all defendants will have legal representation to protect their interests and you should too.
In the majority of cases the parties will settle. Even after a lawsuit has been filed, settlements often occur. However, in seeking full recovery for damages, one should be prepared to go all the way to trial, if necessary.
In all personal injury claims, we work on a contingency fee agreement, clearly explained in an employment contract, signed by both parties. This means that we receive as our fee a percentage of any recovery. If we are unable to recover any money damages, you pay us nothing.
The answer to this question turns on the nature of the case. Every case is unique and presents its own challenges. The nature of the case dictates the length of time necessary to bring your action to its conclusion. During your initial consult, your personal injury attorney should be able to give you a better idea of how long your particular case might take. Understand, however, that this is an estimate, as facts and circumstances often change during the course of a case.
This is the most basic question to both a prospective plaintiff and a lawyer in determining whether an attorney – client relationship will be formed. Not every case of personal injury is one in which suit is appropriate. For your case to be actionable, there must generally be a permanent injury, which can include long-lasting difficulty including pain. Furthermore, there must be liability on the part of the defendant. Before Hardesty, Tyde, Green & Ashton, P.A., agrees to take a case, these factors, among others, must all be analyzed to determine whether we will agree to enter into an attorney-client relationship by taking your case. We provide a free initial consultation to consider these issues, to let you get a feel for our firm, and to decide whether you would like us to represent your interests. If our personal injury attorney agrees to take your case, and you agree that you would like us to represent you, we will enter into an employment contract.
No. It is always best to talk with a personal injury attorney before considering this approach. The insurance company is out to do one thing and that is limit the amount of monies paid in a claim. They are not your “good neighbor” and you are not “in good hands.”
Damages are the amount of injury suffered by the plaintiff, expressed in monetary terms. In the American legal system, money is the measure of how much damage has been done to you, the plaintiff. Damages include: pain and suffering, loss of consortium, medical bills (past and future), and loss of wages (past and future). All of these factors, when considered together, comprise damages. It is by considering these factors that we, your attorneys, come up with a rough estimation of the “value” of your case.
Liability may result from being “at fault” in an accident. Liability is a term used to express whether a party is responsible for damages. Multiple parties can be liable for your injuries, including yourself. If you are partially responsible for your own injury, then you can be deemed “comparatively negligent,” which will reduce the amount you could be awarded in a lawsuit. Just because you might have some fault in an accident, however, does not mean you are not entitled to a recovery.