What is Personal Injury Law or MVA – Motor Vehicle Injury?
Personal Injury Law encompasses situations where someone's body, mind, or emotions are hurt, typically due to someone else's negligence or carelessness. It includes wrongful death or situations where an injury proves fatal.
Types of Personal Injury Cases
- Car accidents: These are the most common type of personal injury cases in the USA.
- Slip and fall cases: Property owners have a legal duty to keep their premises safe and clean.
- Medical malpractice: Claims made against doctors or other healthcare professionals.
- Dog bites: Owners of a dog are financially responsible for bites and injuries.
- Defamation: Involves harm to an individual's reputation due to untrue statements.
How Claims Work
Determining Liability: The crux of most personal injury cases revolves around establishing someone's negligence.
Calculating Damages: This includes medical expenses, pain and suffering, lost wages, and other forms of economic and non-economic harm.
Role of Personal Injury Attorneys
Consultation: Initially, they provide a free consultation to prospective clients.
Investigation: They thoroughly investigate the merits of each case.
Representation in Court: Many personal injury cases are settled out of court, but if a settlement isn't reached, the attorney will represent their client in court.
Necessity of an Attorney
It's possible to file a personal injury claim against an insurance company without the assistance of an attorney. However, insurance companies often low-ball unrepresented claimants, betting that they can't go the distance of a court trial.
Ease of Claims
The ease of personal injury claims varies based on several factors, including the clarity of liability, the extent of injuries, and the willingness of insurance companies or defendants to settle. In many cases, insurance companies are more willing to settle out of court to avoid lengthy and costly court proceedings.
Statute of Limitations
Each state has a statute of limitations, which is a set period during which you must file a personal injury lawsuit. If you don’t file within that time, you may lose your right to sue.
Advantages of hiring an attorney
Experience with similar claims: Knowledge of the law, insurance tactics, and previous case history.
No fees if you don't win your case: Most personal injury lawyers work for a contingency fee, meaning that if you don't win your case, you don't owe fees.
Saves time: They handle the medical records, investigative reports, talk to the other side's lawyers, and more.
Higher Settlements: Statistically, represented plaintiffs receive more in settlements than those without representation.