There are a wide variety of Personal Injury claims. With so many options, it can be confusing to know whether your claim is valid; whether your claim is under personal injury; or what steps you need to take. Personal injury accidents that happen daily, it is therefore important to know all the information involved. Here is our Personal Injury FAQ to help answer some of the most popular questions and to get you pointed in the right direction.
Q: What is Personal Injury?
A: A personal injury is a physical or mental injury caused by someone else’s neglect or harmful act. Personal injury can also sometimes be referred to as bodily injury. Some main types of personal injury cases are auto accidents, motorcycle accidents, animal attacks, slip and falls, sexual abuse, and wrongful death.
Q: How do I know if I have a personal injury claim?
A: There are four main elements to a personal injury claim:
- The person who is at fault had a duty to do, or not to do something.
- The person at fault breaches that duty.
- You suffer damages
- Your damages are the result of this breach of duty.
In order for your claim to be valid, it has to meet all of these elements. If you are not sure these are met, give us a call at (209) 900-8200 and we can help you out.
Q: What are damages?
A: Damages are any loss or expense you incurred as a result of the accident.
Q: What could I receive from my personal injury case?
A: Every personal injury case is different; however, victims are entitled to receive monetary value for their damages or losses that occurred as a result of an accident. Here is a partial list of examples:
- Medical bills
- Lost wages
- Pain and suffering
- Physical disability
- Disfigurement
- Permanent scarring
- Emotional trauma
- Mental anguish
- Loss of enjoyment
- Loss of love and affection
- Embarrassment
- Mental disability
- Property damage
- Out of pocket expenses
Q: Do all personal injury claims go to trial?
A: No. Most personal injury claims are settled before they reach court. Only a small percent of personal injury cases make it to the court system. The rarity of personal injury going to court lies on if the person or company at fault is refusing to settle. They might argue that they were not at fault or they were not responsible for the damages and are not willing to pay.
Q: How long will it take to settle my claim?
A: There is no set answer for this question. All personal injury cases are different and take their own amount of time. If there is a larger amount of monetary value at stake, the claim will usually take longer to settle. Because there is no telling how long a claim will last, it is important to keep a record of everything that happens relating to your accident.
Q: Do I really need an attorney?
A: Having an experienced attorney on your side during this time will make it a lot easier on you. You are also more likely to receive monetary value you deserve with a lawyer on your side. Having a lawyer who knows the system and is looking out for your best interest is the best way to go about your claim. When you do not have a lawyer, the other side will try to take advantage of that fact and might not give you the best deal.
Q: How soon after I am injured do I need to file a claim?
A: The time between an accident and when a claim can be filed is called a “statute of limitation”. For most personal injury cases, the statute of limitations is two years. However, every case is different, so it is best to file a claim as soon as possible. If you do not feel like you need to file a claim, it is always best to ask, so give us a call and let us help.
Q: I don’t know if I have a claim, what do I do?
A: Give us a call! The best way to know if you have a claim is to ask. Let us know the details of the accident and we will let you know what steps to take next. We can be reached at (209) 900-8200 or through our webform. We will help you determine if your claim is valid and help you start taking the steps in the right direction. We will help you Emerge Victorious!