In personal injury cases, individuals have the option to pursue compensation through civil lawsuits if they have a valid claim. However, obtaining compensation doesn’t always require going to court.

Many personal injury claims reach resolution outside of the courtroom via settlement agreements. In these instances, the defendant’s insurance company may propose a settlement offer, agreeing to pay a specified amount of money in exchange for the plaintiff relinquishing any future claims. Opting for a settlement can lead to quicker payment and alleviate the stress of a full trial, although the compensation amount may be less compared to what one might receive through a court trial.

Retaining a personal injury attorney can provide invaluable support throughout the process. A lawyer can help you navigate the relevant legal statutes, ensuring you understand your rights and responsibilities. It’s advisable to seek legal counsel promptly after sustaining an injury for which another party bears responsibility.

Explaining Personal Injury Law

Personal injury law encompasses the legal framework that defines your entitlements when you suffer harm due to someone else’s actions.

You can pursue a claim in either state or federal court for personal injury incidents. In such cases, you, as the plaintiff, bring the case against individuals, companies, or other entities, known as defendants.

Personal injury laws outline the circumstances that constitute grounds for a claim, the parties against whom you can file a case, the burden of proof required for a successful claim, and the types of damages you can seek if your claim prevails.

Types of Legal Claims Under Personal Injury Law

Various legal claims fall under the umbrella of personal injury law, including:

Accidental injuries: These occur due to negligence or failure to fulfill professional duties, such as medical malpractice, slip and fall accidents on poorly maintained premises, and car accidents.

Strict liability claims: In certain cases, you can make a claim for injuries caused directly by someone’s actions or inactions, irrespective of negligence. For instance, if a defective product causes harm, the manufacturer can be held strictly liable.

Intentional torts: Personal injury laws allow you to seek compensation if someone intentionally harms you, such as in cases of assault and battery.

Other circumstances may also warrant the use of personal injury laws to pursue claims against wrongdoers. A seasoned personal injury attorney can assist you in understanding the applicable laws.

Personal injury law determines whom you can hold accountable when something goes awry.

Typically, your case targets the individual, company, or entity directly responsible for your injury. However, there may be instances where multiple parties bear responsibility.

For example, in medical malpractice cases, you may sue not only the negligent physician but also the employing clinic under vicarious liability, which holds employers responsible for their employees’ actions during work duties.

An adept personal injury lawyer will help you identify all potentially liable parties.

Regardless of whom you sue, you’ll likely interact with an insurance company during your claim process. Insurers, covering areas like homeowners, auto, business, or malpractice, compensate for damages up to policy limits when their policyholders cause harm.

No Win, No Fee: Under a contingency fee agreement, the client doesn’t have to pay the attorney’s fees upfront. Instead, the lawyer agrees to take on the case and cover the expenses associated with it (such as court filing fees, expert witness fees, etc.) with the understanding that they will only be paid if they win the case.

Percentage of Recovery: If the lawyer is successful in obtaining a settlement or winning the case at trial, they will receive a percentage of the compensation awarded to the client. This percentage is usually agreed upon before the attorney takes on the case and is typically around 33% to 40% of the total recovery amount.

No Recovery, No Fee: If the lawyer is unable to secure any compensation for the client, the client does not owe the attorney any payment for their legal services. This is often referred to as “no win, no fee” or “no recovery, no fee” arrangement.