What is the first thing you do if you’re hurt in a car accident? Who do you call? You’re spouse, or a lawyer? Lots of attorneys advertise that they can get you big dollars in settlements, but what kind of service will you get? Since most of us don’t live next door to a personal injury attorney, who do you call? How do you know if you have a case or not?
First of all, to win a personal injury case against someone, you have to be able to prove both 1) that the other person was liable for their actions & 2) you have suffered damages from their actions & your injuries. You need to get some advice from a professional attorney if you feel that this is the case. But how do you find one? There are two great places to start. First go to Google and do some searches for Personal Injury Attorneys in your city. This will give you dozens of qualified lawyers to help you with your case. Second, you can go to lawyers.com. This is a great site that allows you to find attorneys in your specific city, and looking for the area you want. Plus you can do your research on them right away and check on their credentials from their website. See if they are advertising that they have won any money for their clients in the past. This should give you a great starting point to go from.
Most types of personal injury cases that are filed fall under the automobile accident category. That is the most common type of claim. But if you are in a fault state, to win an injury case against the other person, you need to establish that the other person was negligent in the accident. The standard to prove is whether the other party failed to exercise reasonable care or not. Whether you know this or not, all drivers have a duty to exercise reasonable care when they get behind the wheel of a car. If the other driver did not exercise reasonable care & breached that responsibility, then the law states that you can sue for your loss. In states where they have passed no-fault laws, the standard is different, so make sure you consult with an attorney who is in your area.
There is another basis for personal injury claims. Strict Liability is an area of tort law that is gaining in importance. Strict liability means that if a manufacturer makes a product that is defective, or if it is designed poorly, they can be liable if you are injured by that product. This is different than negligence, but you must prove that the design or manufacturing process of that product make it dangerous, especially when it is used as it was intended to be used.
Intentional wrongs are another basis for personal injury claims. But the filings of those cases are rarer. Examples of this are if someone hits you in the face, you might be able to win a lawsuit for battery. Or if you are suspected of shoplifting, and the store wrongfully detains you, you might be able to win a wrongful imprisonment lawsuit. Remember, this is civil damages not criminal charges.
Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident were you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits don’t make it to court, and are settled before that happens.
What is the statue of limitations for that type of case? Every state is different & the time limits you have to file a case are different for the kind of cases you are filing. You have a specific amount of time to file a personal injury case, so you need to know what that is. For example, you might have only one year to file an auto accident case. Once that time is has passed, your case can be thrown out of court.
Personal Injury attorney Las Vegas is a highly searched phrase, and the author, Anthony Flores, helps firms be found when searching for it. So when people are searching for a Las Vegas Personal Injury Lawyer, your firm shows up.
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