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Personal Injury FAQs
1. How do I know that I have a valid case?
You have a valid personal injury case if you have been physically or psychologically injured due to the actions or the failure to act of another person. The best course of action is to contact an experienced attorney and let him decide whether you have a case or not and how much you can claim. All law firms offer free consultation in such cases..
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2. How soon can I file a claim?
Personal injury claims should be filed as soon as possible following the incident. This is because in most states there is a statutory period of limitations that sets a time frame beyond which you lose the right to file a lawsuit. For instance, for most cases of personal injury in Montana the statute of limitations runs out in three years. This means that if more than three years have passed since the incident that led to the personal injury, the courts will not file your case.
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3. How do I know I need a lawyer?
There are some cases where the services of an attorney are not required, such as when the claim is very small. In Montana, claim of up to $3,000 can be handled by the small claims court. This is also true of cases where the injury is minor, not leading to incapacitation or substantial medical expenses. On the other hand, the best course of action for serious injuries or damage to property is to consult an experienced attorney. A personal injury lawyer will also help you evaluate the amount you can claim for your injury.
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4. How much does an attorney cost?
Every law firm should offer you the first consultation free of charge. If the case is evaluated to have merit, most attorneys will take on the case without the need for upfront payment. The attorney is usually paid on a contingency basis, which means that they get a percentage of the compensation that you receive for your injury. The average contingency fee is between 25% and 40% of the compensation awarded. If the case is settled without the need to go to trial, most attorneys will settle for a lower percentage as fees. Some attorneys might charge hourly fees, while there are others who charge a flat fee.
It is important that you put down the contingency fee agreement in writing and keep a signed copy with yourself. You will also have to bear some out-of-pocket expenses, such as filing fees, fees for deposition, etc. Keep an eye on how much the lawyer bills you for these expenses, since they can sometimes entail a considerable amount.
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5. What is the minimum settlement amount?
There is no maximum or minimum personal injury settlement amount. Various factors are used to determine the settlement amount, such as the nature of the injury, the extent of the injury, economic damages due to the injury in terms of lost wages or medical bills, the amount of time the injury is expected to affect you, etc. An experienced attorney will be able to help you ascertain the value of your claim.
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6. What is the difference between a criminal suit, a civil suit and a class-action suit?
Criminal suits are cases that are filed by the government against an individual or an entity in order to seek social redress. Criminal lawsuits usually seek punishment in some form, rather than just a monetary fine.
Civil lawsuits are filed against an individual or an entity in order to seek monetary compensation. Personal injury cases fall under the purview of civil lawsuits.
Class-action suits usually lead to changes in the practices of a company or to get defective products off the market. These lawsuits do not entail much monetary redress for individuals since such cases are filed for instances of injury to a large number of people.
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7. How is a personal injury claim processed?
A lawsuit only becomes necessary when there are disagreements between the two parties regarding the severity of an injury or who is at fault for the accident. The first step is to contact an experienced attorney to evaluate your case. Once the lawyer deems that the case has merit, he will file a lawsuit.
Once a lawsuit is filed, each party involved will conduct a process of discovery. All aspects of the case are investigated during this period of pre-trial discovery, which usually last for about one year. The discovery process includes oral depositions, interrogations, expert witness testimonies, the obtaining of pertinent records, etc.
As the trial date comes closer, the two parties usually exchange offers and demands for settlement. A large percentage of personal injury claims are settled before the trial. It is important that you not sign any document without the advice of your lawyer. If you do accept a settlement, you will need to sign an agreement that absolves the other party of any further liability in the specific personal injury case.
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8. What happens in cases where I am partly to blame for the accident?
Most states give the right to file for personal injury even if you are partly at fault for the accident. For instance, in Montana, you can file a personal injury claim if you are less than 49% to blame. This is one area of personal injury law that is seeing the most change. It is, therefore, advisable to consult an experienced attorney to determine if your case has merit.
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9. How long does a personal injury case take?
Despite the fact that a large percentage of the cases are settled before the trial, any settlement can only occur after the process of discovery has been completed by both parties. This means that a minimum of one year usually passes before any settlement proceedings begin. A personal injury lawsuit usually takes about two years from the time it is filed to go to trial in most cases. The time period can significantly vary, however, depending on the complexity of a specific case and court docket congestion, among other things.
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10. What documents do I need for my meeting with an attorney?
You need to provide your attorney all the documents that might have a bearing on your case. The first thing to do is to write down the details of the accident or incident that caused the personal injury, including when and where the incident occurred. You also need to keep the police reports, if any, because these will include information about the accident itself as well as eyewitness information.
You will also need copies of any medical reports and all medical bills to prove the nature and extent of the injury. Similarly, any photographic record of the scene of the accident or the damage to property can be of immense help. Information regarding the other party’s insurer is also very important.
The more details that you provide your lawyer, the easier it is it is for him to determine the value of your case. In case you have not been able to collect any of the documents by the time you have your first meeting with the lawyer, your attorney will help you get these documents during his investigation of your case.
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