Frequently Asked Questions
What is a Personal Injury?
A pesronal injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto accidents
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation Disasters
- Professional Malpractice
- Wrongful Death
- Toxic Exposure
- Home Accidents
- Dog Bites
What financial compensation can I get in a personal injury claim?
Personal Injury victims are entitled to recover money damages for losses and expenses they incur as a result of an accident. The damages may include the following.
- Medical bills
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Disfigurement
- Permanent Scars
- Emotional Trauma
- Mental Anguish
- Loss of Enjoyment
- Loss of Love & Affection
- Embarrassment
- Mental Disability
- Property Damage
- All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others)
How do I know if I have a Personal Injury claim?
To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are. Proving these types of things can get complicated, which is why you need an experienced attorney on your side.
What if the accident is partly my fault, can I still have a claim?
Yes. Even if an accident or injury was partially your fault you still may have a claim based on the concept of Comparative Negligence or Contributory Negligence. The term "contributory negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered. "Contributory negligence" can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor. Some states have done away with the concept of contributory negligence altogether and instead use the concept of "comparative negligence". The term "comparative negligence" means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused. If you are injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you may be guilty of contributory negligence. You may also be guilty of a form of contributory negligence if you voluntarily expose yourself to danger - by riding a roller coaster without wearing a seat belt, or working with a neighbor's power saw or other dangerous tool if you're inexperienced or fail to use a safety guard. This is called assumption of risk.
How do I know if I may need an attorney?
If you have been seriously injured or are unsure as to the outcome of your injury, you should consult with an experienced personal injury attorney before you give any statements or sign any papers of any kind and as soon after your injury as possible. In many cases, the sooner you hire an experienced personal injury attorney, the better. Christopher E. Purcell offers free consultations, making it simple and convenient for you to get the answers and help you need immediately. There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. Hiring an attorney will help to ensure that you stay within the statute of limitations and recover all that you are entitled to under the law.
What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in most personal injury cases. It is contingent when the fee is conditioned upon your attorney's successful resolution of your case. A contingency fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear "there is no fee unless we recover." The client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are usually one third of what you win from the case.
If I have a personal injury claim do I have to go to court?
The answer really depends upon the details of the case and the parties involved. Most personal injury cases are settled out of court between opposing lawyers or by insurance companies. If a case does actually go to trial, you most likely will have to appear so that your important testimony (your story) can be heard.
How long do I have to make a claim for Personal Injuries?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. Those statutes are different for every state, which is why it is so important to contact a qualified attorney right away. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. If you miss the statutory deadline for filing a case, your case is thrown out of court and you have no way to receive what you may have otherwise been entitled to, had you stayed within the statute of limitations in your state.
Call toll-free 866-641-9978 or email us using the contact form in the left column for a FREE EVALUATION, and The Law Offices of Christopher E. Purcell will provide prompt response to your inquiry. Take action now and call California wrongful death lawyer, Christopher E. Purcell today.
