March 17, 2010

You Got In An Accident – Should You Hire A Personal Injury Attorney?

You’re hurt in an accident, who should you call? Can you really get big money from your injuries, or is that just a dream? We all know that it isn’t as simple as that, but we all need to know what our rights are, or what the law is. How do you figure out who to call to see if you have a case or not?

First of all, to win a personal injury case against someone, you have to be able to prove both 1) that the other person was liable for their actions & 2) you have suffered damages from their actions & your injuries. You need to get some advice from a professional attorney if you feel that this is the case. But how do you find one? There are two great places to start. First go to Google and do some searches for Personal Injury Attorneys in your city. This will give you dozens of qualified lawyers to help you with your case. Second, you can go to lawyers.com. This is a great site that allows you to find attorneys in your specific city, and looking for the area you want. Plus you can do your research on them right away and check on their credentials from their website. See if they are advertising that they have won any money for their clients in the past. This should give you a great starting point to go from.

Most types of personal injury cases that are filed fall under the automobile accident category. That is the most common type of claim. But if you are in a fault state, to win an injury case against the other person, you need to establish that the other person was negligent in the accident. The standard to prove is whether the other party failed to exercise reasonable care or not. Whether you know this or not, all drivers have a duty to exercise reasonable care when they get behind the wheel of a car. If the other driver did not exercise reasonable care & breached that responsibility, then the law states that you can sue for your loss. In states where they have passed no-fault laws, the standard is different, so make sure you consult with an attorney who is in your area.

There is another basis for personal injury claims. Strict Liability is an area of tort law that is gaining in importance. Strict liability means that if a manufacturer makes a product that is defective, or if it is designed poorly, they can be liable if you are injured by that product. This is different than negligence, but you must prove that the design or manufacturing process of that product make it dangerous, especially when it is used as it was intended to be used.

Intentional wrongs are another basis for personal injury claims. But the filings of those cases are rarer. Examples of this are if someone hits you in the face, you might be able to win a lawsuit for battery. Or if you are suspected of shoplifting, and the store wrongfully detains you, you might be able to win a wrongful imprisonment lawsuit. Remember, this is civil damages not criminal charges.

The second element you need to prove is damages. What type of injury did you suffer, and from what kind of accident? How have you suffered? Did you have a lot of medical bills, did you lose out on money from lost time at work? Can you still work? What is the extent of your damages? All of these things factor into whether you have suffered any damages. You need to prove you suffered damages in court, and just because you are injured, it doesn’t mean you are entitled to a guaranteed amount of money. A good attorney will prepare your case for court, even though most of these cases have monetary settlements before actually going to trial.

One thing to ask your attorney is what is the statute of limitations for this type of case? Your attorney will be able to let you know how long you have before it is too late to file a case in court. It can be as little as one year for an auto accident. Each state has different laws so be certain to find out so your case doesn’t get thrown out of court.

Personal Injury Las Vegas is a highly searched phrase, and the author, Anthony Flores, helps firms be found when searching for it. So when people are searching for a Las Vegas Personal Injury Lawyer, your firm shows up.

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