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Personal Injury Claim & Personal Injury |
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You may have a personal injury claim if you been hurt by another person or by a machine or product that did not work properly. What Is Personal Injury? In general terms, personal injury covers all injuries caused by another person or by a defective machine or product. However, because different laws and different legal procedures often apply to different situations, lawyers have specialized in different areas. Most personal injury attorneys deal mainly with accident cases where one person negligently hurts another person. Often these attorneys will also handle slip and fall cases because most slip and fall injuries are caused by someone not cleaning or maintaining a floor or parking lot. Also, many of these attorneys will handle severe dog bite cases because in many of these cases, dog owners are negligent in controlling their dog. However, if you are injured at work, then you usually need a worker's compensation attorney. This is because each state has specific laws which are applicable when you are hurt at work. And these laws are different from normal negligence laws. Also, each state has a special worker's compensation commission or board which handles these cases instead of the regular court system. For other cases, such as medical malpractice, product liability, class action, etc., you generally need an attorney who specializes in the area of medical malpractice, product liability. class action, etc. The reason that you need a specialist is that these types of cases are unique and technical. Often, there are specific laws and legal procedures which apply to these types of special cases, but do not apply to normal cases. What Is A Personal Injury Claim? When you are hurt, you may have a claim for any or all of the following damages: - Actual Damages: This includes the actual cost of medical care and treatment and loss of income. - Pain and Suffering: You are entitled to be paid for any pain that you have suffered and endured. - Temporary Disability: This includes activities (work or pleasure) that you cannot do while you are recovering from the injuries that you suffered. - Permanent Disability: This covers any permanent disability including the loss of use of any part of your body. You are also entitled to the loss of future income that results from a disability. Do You Need A Personal Injury Lawyer? In most cases the answer is yes! In pursuing claims for injuries, you need to know personal injury law which includes what to prove, how to prove it, what are the applicable laws, and what are the Court or Commission rules and procedures. It can be very complex. Hiring a lawyer does costs money, but most lawyers handle personal injury cases on a contingency fee basis. This means that you do not pay the lawyer unless the lawyer obtains money for you. In other words, if your case is either won or settled, then you pay a percentage of the money to your lawyer. If you lose your case, you do not have to pay your lawyer. In some cases, an insurance company will offer you a settlement for your injuries before you hire a lawyer. When this happens, there are several things to keep in mind. First, the insurance company may give you a "low ball" offer figuring that you do not know the value of your case. Or second, the insurance company may give you an offer which appears to be low, but which is actually about the same amount that you would receive if you hired a lawyer and then had to pay the lawyer's fee. Third, keep in mind that it takes time to resolve a case and that there are no guarantees as to the results. You may win, you may lose. The bottom line is that it is your call as to whether or not it is better to hire an attorney. The above is general information only. If you have any questions about personal injury, talk with a lawyer licensed in your state. |
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