If a victim is injured in an incident caused by another party’s negligence, the victim can often file a claim or lawsuit against the party or parties responsible for the incident in order to obtain financial compensation for the losses they have suffered from the injuries. The following are some of the more frequent questions the personal injury attorney from our firm hears from clients.
How do I know if I have a valid personal injury case?
If you have suffered injuries and financial losses from an accident caused by another person, you likely have a valid case. A personal injury attorney can evaluate your case to determine what legal options you may have.
Is there any charge to determine if my case is valid or not?
There is no charge to discuss your case with one of our personal injury attorneys. We offer free, no-obligation case evaluations for all victims.
Do I really need an attorney or can I just let the other party’s insurance company handle it?
Although you are not legally required to retain the service of a personal injury attorney to pursue a claim, the worst thing you can do for your case is to take advice from the other party’s insurance company. Their goal is to settle the case for as little money as possible because whatever they are required to pay out to victims decreases from their profits. While your attorney will be looking out for your best interest, the only interests the insurance company looks out for is theirs.
Victims should not even speak to insurance adjusters without first consulting with an attorney.
Insurance adjusters are trained in different tactics of interviewing victims in such a way that they make statements – which are always recorded – that can be twisted to make it sound as if they are admitting fault for the incident. And then the company can deny your claim.
What should I do to protect my rights?
The first thing you should do is to seek medical treatment. Fully and accurately explain how your injuries occurred. Having this information documented can be used as evidence to help make your case stronger.
Ideally, you should have taken photographs at the accident scene before you left the scene. This isn’t always possible, especially if you were transported away in an ambulance. If this happened and you were unable to get photographs, if you are physically able to go back and take photographs – or have a family member or friend do it for you – this can also be used as evidence in your case.
The next step you should take is to contact a personal injury attorney to discuss the details of what happened to you and what types of injuries you have suffered. The attorney will offer guidance on what they think the best way to proceed will be.
How long do I have to file a claim?
Every state has its own statute of limitations for personal injury cases. Injury lawyers will know how long you have to file before that option is closed. Because there may be variables, it is best to contact an attorney as soon as possible after the accident.