Accidents can happen when you least expect them. Nobody wakes up in the morning expecting to be involved in a car accident during their lunch hour. You don't expect to slip and fall while on the job. Luckily, a personal injury lawyer can come to your rescue when the insurance companies don't want to uphold their duty to pay the compensation you deserve.
Attorneys who handle these types of legal claims are skilled in the art of showing how someone else's negligence caused the injury to their client. A personal injury lawyer understands the law's requirements for proving negligence in a case. These lawyers seek compensation for the physical, mental, and emotional damages sustained, referred to as economic and non-economic damages. The majority of the cases taken by these types of lawyers are called tort lawsuits.
In civil law, a tort is an act or omission that allows injuries or harm to occur to a person through another person or entity's negligence. In a tort lawsuit, it becomes the personal injury lawyers' responsibility to prove that the other party is liable for the damages brought forward by their client.
Types of tort lawsuits include:
To prove that the other party is liable for the injuries, a personal injury lawyer must prove "by a preponderance of the evidence" that negligence occurred. The evidence must prove four elements.
These elements include:
Two types of damages may be awarded during a personal injury case - economic and non-economic. In most circumstances, cases will end in a settlement without reaching trial. If this is the situation, most damages are economic or non-economic payouts.
What are these two types of compensation that may be awarded in a personal injury lawsuit?
Economic damages are the damages that can be calculated. These damages are often awarded to victims to cover financial loss due to their injuries. The damages are calculated at the fair market price at the time of the accident and often use evidence such as bills to justify the amount.
Examples of economic damages include:
Non-economic damages are harder to assign a monetary value to. These are the damages that earn the title pain and suffering. These damages are less tangible compared to the economic ones. Many of the non-economic damages may be factored on a future basis to account for future losses due to the injury.
Examples of non-economic damages include:
A settlement is an agreement made between the parties in a personal injury lawsuit in lieu of going to trial. In many cases, the first offer will be significantly lower than the compensation that the victim is entitled to. The reason they do this is that most victims without representation do not know that they can submit a counteroffer or reject the amount entirely.
Once both parties have agreed on the settlement, they will sign the agreement, and it will go to the judge. If the judge agrees with the agreement made between the parties and believes that the settlement justifies the damages sustained, the judge will rule in favor of it.
Settlement offers can be exchanged up until the trial date. After the trial begins, the settlement negotiations are no longer valid.
Most personal injury lawyers lead their ads with "we don't get paid if we don't win your case." The statement is true in the cases of firms who use contingency fee contracts with their clients. The contingency fee contract basically states that the lawyer gets nothing if you get nothing. There are no fees or other charges for you as a client upfront, and everything is handled once the case has been settled or won.
Even though it is possible for you to try and handle your case on your own, you should always ask the help of a professional when it comes to legal matters. Many insurance companies try to intimidate victims in car accidents, hoping to get them to accept a settlement that is well below the compensation that they deserve.. Firouzbakht Law Firm doesn't let the big insurance companies push you around - ensuring you get compensated for your injuries.
If you or a loved one have suffered at the hand of another person or entity's negligence, you should reach out to a personal injury attorney that can review your case for free. Firouzbakht Law Firm provides potential clients with free consultations for personal injury cases. Contact us through our online contact form.
When you choose our law office, you get experienced legal professionals who guide you through the entire process, giving you peace of mind while we tackle the hard stuff. We are always available to our clients and also offer bilingual legal services. For all your personal injury inquiries, Firouzbakht Law Firm is here for your injury claims.