Frequently Asked Questions

Below are some questions that we usually get asked. If you have any other inquiries, feel free to contact us here.

Why Hire a Personal Injury Lawyer?

Hiring a personal injury lawyer can provide a wide range of benefits, for those who have been injured due to the negligence of another party. Some of the benefits of hiring a personal injury lawyer include:

  • Knowledge of personal injury laws and regulations
  • Ability to negotiate with insurance companies
  • Understanding of the litigation process
  • Assistance with gathering evidence and building a case
  • Ability to calculate the full extent of your damages
  • Representation in court

When selecting a personal injury lawyer. It is important to consider their experience, track record, and communication style. A good personal injury attorney, will have a proven record of success in handling similar cases and will be able to communicate with you in a clear and concise manner.

What Is My Personal Injury Case Worth ?

The value of a personal injury case will depend on a variety of factors, including:

  • Extent of your financial losses
  • Severity of your injuries
  • Whether you are temporarily or permanently impaired
  • The strength of your evidence

Economic damages, such as medical bills and lost wages, can be easily calculated. While non-economic damages, such as pain and suffering. May require a more subjective analysis. The category of which your case is derived, along with the amount to which you were at fault. Are also important to consider when calculating worth.

What Compensation Is Available in Personal Injury Claims?

Personal injury claims may provide compensation for a variety of damages, including:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Loss of consortium
Types of Personal Injury Cases

Personal injury cases can be broadly classified into the following categories:

  • Vehicle Accidents: Car accidents, motorcycle accidents, truck accidents, and other types of vehicle accidents fall under this category.
  • Premises Liability: This refers to cases where a person is injured due to a property owner’s failure to maintain their property, such as slip and fall accidents, trip and fall accidents, and other accidents that occur on someone else’s property.
  • Medical Malpractice: This category includes cases where a healthcare professional’s negligence leads to injury or harm to a patient.
  • Product Liability: These cases arise from injuries caused by defective products, including faulty machinery, dangerous drugs, and defective medical devices.
  • Wrongful Death: This refers to cases where someone dies as a result of another person’s negligence or intentional action.
How to Protect Your Right to Compensation After an Accident

If you’ve been injured in an accident, there are several steps you can take to protect your right to compensation:

  • Seek Medical Attention: Your health and well-being should be your top priority. Seek medical attention immediately after an accident, even if you don’t think you’re injured.
  • Document the Accident: Take photographs of the accident scene, gather witness statements, and get the contact information of everyone involved in the accident.
  • Contact a Personal Injury Lawyer: An experienced personal injury lawyer can help you navigate the legal system and protect your rights. They can investigate your case, negotiate with insurance companies, and file a lawsuit if necessary.
How is Fault Determined in Personal Injury Cases?

In personal injury cases, fault is determined by examining the circumstances of the incident. Typically, negligence is used to establish fault. To prove negligence, the injured party must show that the other party had a duty to exercise reasonable care, breached that duty, and caused the injuries sustained. The injured party must also show actual damages. This can include; medical bills, lost wages, or pain and suffering, as a result of the incident.

Determining fault involves gathering evidence, interviewing witnesses, and consulting experts. Some states operate under a comparative negligence system, where fault can be shared between parties. In these cases, compensation may be reduced by the percentage of fault assigned to the injured party.

Will My Case Go to Trial?

Many personal injury cases are settled out of court through negotiations. In most situations, your lawyer and the defendant’s insurance company can work together to reach a fair settlement. However, if an agreement cannot be reached, your case may go to trial.

Who Pays for My Medical Bills?

If you have been injured in an accident caused by someone else’s negligence, the responsible party may be liable for your medical bills. Your personal injury lawyer can help you pursue compensation for all of your damages. Including medical bills, lost wages, pain and suffering, and more.

Why Do Most Personal Injury Cases Settle?

Most personal injury cases settle because it’s usually in the best interest of both parties to avoid the time, expense, and uncertainty of a trial. Settling a case allows the plaintiff to get compensation faster and with less risk, while the defendant can avoid the potential for a much larger judgment if the case goes to trial. Settlement negotiations are often facilitated by the plaintiff’s lawyer, who will work to get the best possible outcome for their client.

Do I Have to Accept a Personal Injury Settlement?

No, you are not obligated to accept a personal injury settlement. If you feel that the settlement offer is not fair, you have the right to reject it and continue to pursue your case. However, it’s important to weigh the risks and benefits of rejecting a settlement offer and going to trial. Trials can be expensive, time-consuming, and unpredictable. As a result, it’s always best to discuss your options with an experienced personal injury lawyer, before making a decision.

Why is My Attorney Taking So Long to Respond?

Please note that we do our best to answer all of your questions and concerns within a timely manner. Due to the trial schedule of council. This often prevents our attorneys from being able to return telephone calls, respond to text messages, emails or to see clients whenever they wish.

In fairness to other clients whose matter may be time sensitive or before the court. Council’s attention will be primarily on the conduct of these cases. As a result, it may be some days before council can return your call or respond to your written communication. Please let the law clerk know if a call is urgent, and council will call you back as soon as possible.

Our team will provide you with regular updates about your case. It is sometimes difficult to set in person meetings to discuss your case because of council’s schedule.

Can Medical Malpractice Damages Be Claimed Without a Mistake From the Doctor?

You can claim medical malpractice damages without a doctor’s mistake, if there’s a failure in informed consent. This includes;

  • Not assessing the patient’s understanding
  • Failing to present information accurately
  • Neglecting to document the conversation

Even without a procedural error, not meeting these requirements can constitute medical malpractice, emphasizing the importance of respecting the patient’s rights.

What are the Responsibilities of a Paralegal?

Much like attorneys, paralegals undertake a variety of legal tasks. These include, but aren’t limited to;

  • Engaging in detailed legal research
  • Crafting various legal documents such as; contracts and pleadings
  • Addressing client inquiries
  • Providing support in trial preparation
Do Paralegals Have the Option to Specialize in Specific Legal Areas?

Indeed, paralegals have the flexibility to specialize in distinct areas of law. This can range from personal injury law, criminal and family law to immigration and real estate law, allowing focus on a specific legal domain.

How Does the Role of a Paralegal Differ from a Legal Secretary?

While both roles are vital within a law firm, paralegals and legal secretaries have distinct responsibilities. Paralegals are more intensively involved in substantial legal work, often undertaking tasks traditionally performed by lawyers. This includes legal research and case file preparation. Conversely, legal secretaries serve in a more administrative capacity within the firm.

Are Paralegals Restricted to Work in a Specific State?

Unlike attorneys, paralegals aren’t confined to practice within a specific state. As they are not regulated by state-specific licensing boards, paralegals have the flexibility to work across various states. This makes their certification universally valuable.

Can Paralegals Transition into Becoming Lawyers?

Yes, a transition from a paralegal to an attorney is possible and even advantageous. Starting as a paralegal provides an in-depth understanding of the legal system. However, to become a lawyer. One must first acquire a bachelor’s degree, followed by law school, and ultimately pass the state bar examination.

Can a Virtual Paralegal Work for an Attorney in a Different State?

Yes, virtual paralegals can work for attorneys in different states. As long as the work doesn’t require detailed knowledge of that state’s specific laws or court procedures. While some tasks such as; filing requirements, an original petition and a motion to suppress, may vary by court and location. Others, such as deposition summaries are standard across all jurisdictions. (1, 2, 3, 4, 5)

 

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References:

  1. Justia – Personal Injury Law Center, Personal Injury Law FAQs, retrieved from: https://www.justia.com/injury/faqs
  2. Oklahoma State University (OSU) , Online Paralegal Course, retrieved from: https://osuokc.edu/ed2go/paralegal
  3. University of Wisconsin, Paralegal, retrieved from: https://www.uww.edu/ce/ed2go/ed2goadvcareer/paralegal
  4. Rand Mintzer, Attorney at Law, LawCrossing, Legal Staff Q&A, retrieved from: https://www.lawcrossing.com/article/900046070/Can-a-virtual-paralegal-work-for-an-attorney-in-a-different-state
  5. Emily Lynch Morissette, Aspen Publishing / Wolters Kluwer (2020), Personal Injury and The Law of Torts for Paralegals. (5th ed.), ISBN 9781543810837

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