Personal Injury Law
A personal injury is an injury suffered to one's body or property. It can be a physically, emotionally, and financially devastating event. A personal injury attorney helps victims find out if they are qualified to collect compensation for the injury and losses sustained. It is always wise to confer with a personal injury lawyer as soon as the injury occurs to find out the legal rights and options available to make sure your rights are protected.
More than one person can be responsible for your personal injuries, making it important to contact a personal injury lawyer to fully understand what actions can be taken. Personal injuries can occur in a wide range of accidents, however most causes of personal injuries can be attributed to automobile accidents, defective products, and slips and falls. When a personal injury occurs it is not just the hospital and doctor bills that can be a burden, but the loss of salary, benefits, and normal life activities.
If you decide to take steps toward protecting your legal rights after an accident or injury, you may have a number of general questions about "personal injury" cases.
What is a "Personal Injury" Case?
"Personal injury" cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:
Where Are Personal Injury Lawsuits Filed?
Personal injury lawsuits usually fall under the authority (or "jurisdiction") of state courts in the county where the injury occurred, or where those involved (the "parties") in the incident are located. For instance, if a resident of New York County is involved in a car accident in New York City, he or she will ordinarily file a personal injury lawsuit in the Supreme Court of New York, County of New York. Injury cases in which a relatively low amount of damages is sought (typically a maximum of $2000 to $5000) usually must be filed in a court's "small claims" division, although there are many exceptions to these rules. Issues of jurisdiction can be tricky for those unfamiliar with the legal process, but an experienced attorney can sort through any problems that may arise in deciding where to file a lawsuit.
Where Are the Laws that Govern Personal Injury Cases?
Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal cases), the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but for practical purposes court decisions remain the main source of the law in any legal case arising from an accident or injury.
To understand how pre-existing case law (or "legal precedent") might be used to strengthen an injury case, suppose that you are involved in an accident or are injured, and decide to hire an attorney to protect your legal rights. During settlement negotiations with insurers or opposing counsel, and especially in any legal filings with the court, your attorney will make reference to (or "cite") prior cases in which the courts in your state decided on issues like fault or damages, in ways that are favorable to your position. For example, suppose you have been injured in a "slip and fall" on an uneven sidewalk outside your apartment building. In seeking to prove that the owner of your building is at fault, your attorney might cite a case in which your state's supreme court held that owners of residential buildings have a legal duty to ensure that the premises surrounding the building are properly maintained.
What to Do After an Accident or Injury. Two critical issues in any legal claim after an accident or injury are:
What exactly happened during the incident that gave rise to the claim?
What kind of harm resulted?
These issues will arise at many stages of a personal injury case, and more complex cases can last a year or more, so having a clear record to refer back to can contribute toward the success of your claim. One of the best ways to make sure that you preserve every important detail of your accident or injury is to take notes as soon as possible after the incident, including what happened and the effects of your injuries on your daily life. Although taking notes may be the last thing on your mind soon after what may be a traumatic experience, remember that it will help strengthen your position in a legal claim for your injuries.
What to Write Down.
As soon as you can, write down everything you can think of that relates to:
What exactly happened before, during, and after the incident that led to your injury -- time and place, weather conditions, who was present, what was said, how the incident played out, what you experienced and felt, and anything else that you feel may be important to record.
Extent of your injuries -- what injuries you suffered (physical and mental), medical treatment you received (past and future), and the effect of your injuries on every aspect of your work, social, and personal life. This includes visits to the doctor and physical therapist, time missed from work, any planned vacations that were postponed or cancelled, and the effects that your injuries have had on your close family relationships.
Take Notes Throughout the Claim Process.
As your claim progresses, continue to keep track of new developments by taking notes after any conversations with your insurance company, medical care providers, witnesses to the incident, and anyone else with whom you discuss important aspects of your case. Write down each person's name and contact information, the date and place of the conversation, and as much as you can remember about what was said.
You should continue to chronicle the day-to-day details of your injuries, including how they impact all aspects of your life, and keep track of your progress toward medical recovery. Making and referring to these notes will help you and your attorney throughout the claim process, and can assist in your effort to receive fair and adequate compensation for your injuries.
Preserve Evidence and Take Photos.
If you are involved in an accident or injury that may have been caused by someone's carelessness, preserving any physical evidence of the incident and your injuries can support your position in any legal claim you may decide to pursue. It is important to do this as soon as possible after the incident, because circumstances can change quickly: accident scenes can be altered, memory can become unreliable, and evidence can be overlooked or misplaced over time.
Though taking the time to do these things may be the last thing on your mind soon after what may be a traumatic experience, these actions can be very beneficial should you decide to pursue a legal claim for your injuries.
What Should You Keep?
The first step to take in protecting evidence of your injury is to make sure that every physical item is preserved, including torn clothing, broken equipment, and important documents. As an illustration, here are some steps to take after a number of common injuries:
Motor Vehicle Accidents: After a car accident, take photos of the scene, your injuries, and any property damage. In addition, get copies of all medical records pertaining to your treatment after the accident, keep copies of property damage estimates and repairs records, and obtain a copy of any police report that is made.
Defective Consumer Products: If you are injured by a faulty product such as a household appliance, be sure to preserve the item in the same condition it was in when the incident occurred. In addition, keep all written instructions, warnings, labels, and packaging that accompanied the item. If you can, try to locate the original sales receipt for the item. If you cannot find the receipt in your own personal records, ask the seller if they have a copy.
Medical Malpractice/Birth Injuries: In a medical malpractice or birth injury case, keep or obtain copies of all medical records that pertain to the medical treatment at issue, as well as those related to any second or third opinions obtained from other health care providers. Also, in cases where a physical injury is visible, be sure to take photos that depict any evidence of potentially improper medical treatment.
Take Pictures
Remember that preserving physical evidence itself may not always be possible in every case involving an accident or injury. For example, the main causes of a "slip and fall" incident may be uneven pavement on a sidewalk, or the absence of a handrail and sufficient lighting in a stairway. In these situations, your best option is to take clear and detailed photographs of the area where the injury occurred, from multiple angles, and ideally under the same conditions (i.e. time of day, lighting, and weather).
Obtaining and Using a Police Report.
A police report was probably generated if you have been involved in a motor vehicle accident or other incident to which a law enforcement officer responded. You are entitled to receive a copy of any such report, so it is a good idea to contact the responding law enforcement agency as soon as possible after the incident. If you know the name of the agency, locate them in the phone book or on the internet, and call them to request a copy of the report. You may need to pay a small fee to cover photocopying, and the agency may require that you appear in person to pick up the report. Some agencies will mail a copy of the report to you at no charge.
Meet with an Attorney.
During your first meeting with an attorney after any accident or injury, your lawyer will first want to hear about what happened, and he or she may collect a variety of information from you. The length of the initial interview can vary depending on the circumstances that led to your injuries. In rather straightforward cases like car accidents, the first meeting probably won't take very long, especially if you come prepared. In more complex cases like medical malpractice or injuries from defective products, the initial interview will usually take longer. As you tell the lawyer about your accident, he or she may ask questions about it. Frequently, lawyers wait until you have told them everything before asking questions.
While some of these questions may be difficult to hear, let alone answer, your lawyer does need to know the answers in order to help you find the best solution for your case. Your lawyer will collect a variety of information relating to your accident or injury, including facts about your medical treatment, others involved in the accident, potential witnesses, and more. He or she will likely also discuss practical aspects of your case such as a representation agreement, different types of legal fees, and the kinds of costs you can expect in your case.
Getting Legal Help.
If you or a loved one has suffered a personal injury matter caused by the negligence or misconduct of another individual, company or entity, you may be entitled to bring a legal action against those responsible. Especially in light of time deadlines for filing such a lawsuit, you should contact an experienced personal injury attorney as soon as possible, to discuss your legal rights and your potential case. NationWide Law Group would be honored to assist you.
You can get a FREE CONSULTATION with a leading Personal Injury Attorney in your area who can offer sound legal advice with your claim.
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