Any
injury to the human body is personal injury. Personal injury in a legal
sense may involve injuries from automobile accidents, truck wrecks,
airplane crashes, electrical burns, explosions, job-related injuries,
product failures, train wrecks and hundreds of other ways people are
injured daily through the negligence or carelessness of their fellow
man. Personal injuries from accidents are due to be compensated in
money damages which may include any damages for pain and suffering,
lost wages, disfigurement, disability, paralysis, amputation and death.
Damages are based on the severity of the injury and in some states,
punitive damages may be allowable where the conduct of the person
causing the injury is willful, intentional or reckless. Punitive
damages serve two purposes: (1) punish the wrong-doers and (2) teach
others not to commit similar wrongs called exemplary damages.
Under
American law, the basic rule is that for every wrong committed, there
is a remedy. This is also true in cases of personal injury and wrongful
death. In other words, if a person is injured, he is due to be
compensated in money damages based on the seriousness of the injury.
DO I HAVE A CASE? You
have a case if you are injured by the actions of another person whether
operating an automobile, tractor-trailer, truck, train, airplane,
lawnmower, motorcycle, heavy equipment or any other device, if the
operator was careless. Carelessness is another word for negligence.
Negligence is failing to do what a reasonable person would do under the
circumstances. For example, a reasonable person would stop for a red
light but if a person did not stop and caused injuries, he would be
negligent and would be obligated to pay for damages for personal injury
caused to another for pain and suffering, disfigurement, permanent
disability, amputation, paralysis or death, etc.
DO I NEED A LAWYER? If
you are injured, chances are an attorney will get you more damages for
your injury than you can get without an attorney. All lawyers are not
the same and just because a lawyer has graduated from law school does
not qualify them to handle all cases. For example, you would not want a
lawyer who prepares deeds, wills and trusts, divorce matters to handle
your personal injury case against a large company.
HOW TO CHOOSE A LAWYER? Just
because a lawyer graduates from law school and passes the Bar exam and
holds himself out to be a personal injury lawyer does not necessarily
make that person the best choice. How does one choose the best possible
attorney for his particular injury? There are several things which one
may consider: 1. How long has the attorney or firm been in practice? 2. Has the attorney handled other cases similar to yours? 3.
Has the attorney been highly successful in maximizing the recovery on
his client's behalf?4. Since litigation is expensive, does the attorney
have the monetary resources to employ the best trial experts to ensure
the claimant receives the maximum possible success? 5. Does the
attorney have the respect from the Defense Lawyer's Bar as well as the
Judges before whom your case will be tried?6. Does the attorney have
the untiring will, dedication and work ethic to meet and overcome all
defenses which might preclude recovery? 7. Is the attorney willing
to take your case on a contingency fee basis - that is to say, the
attorney will not charge a fee unless a recovery is made? 8. Has the attorney recovered One Million Dollars or more for his personal injury clients?
HOW MUCH DO LAWYERS CHARGE? Personal
injury victims should not be expected to pay a lawyer unless a recovery
is made. The term for such an agreement is called a "Contingency Fee
Contract" whereby the lawyer would charge a percentage of the recovery.
The percent of the contingency is not fixed. It can be negotiated and
is dependant upon the difficulty of the case and chance of recovery.
