Personal Injury Law Issues

  • Car Accident
  • Slip and fall Accidents
  • Workplace Injuries
  • Medical Malpractice
  • Wrongful Death

About Personal Injury Law

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common-law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to his or her body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability.

Know Your Rights

If you decide to take steps toward protecting your legal rights after an accident or injury, you may have a number of general questions about “personal injury” cases, for which you have to contact an Attorney

The laws in each state provide that you can pursue a workers’ compensation claim without fear of reprisal or harassment from your employer. If your employer makes it difficult for you to freely exercise these rights, the penalties imposed upon the employer can be quite severe. It is illegal for your boss or supervisor to harass you at work or otherwise make it difficult for you to do your job, if your filing of a workers compensation claim is the motivation for that behavior.

Do I Have a Personal Injury Case?

If you have been injured in an automotive accident, slip and fall or workplace accident, your immediate reaction may be to sue the party responsible for your injuries. However, not all cases warrant an attorney’s involvement. Furthermore, attorneys may refuse to take a case if it is not worth the attorney’s time or experience.

How Are Damages Established in a Tort Claim?

The goal of damages in tort actions is to make the injured person “whole” through the award of money to compensate for injuries caused by the accident or incident.

How will my lawyer handle my case?

After initial meetings with you, your lawyer will investigate your claim. This may involve your lawyer getting expert testimony from a relevant source like a doctor or other medical professional, but it usually requires a review of some or all of the following:

  • Witness statements
  • Police reports
  • A possible visit to the scene of the incident
  • A review of appropriate laws
  • A review of all medical reports
  • All other evidence, e.g. photos, documents, first response records, etc.

How will my lawyer be paid and what is a contingent fee agreement?

In almost all personal injury cases, your attorney will be paid by keeping a percentage of the final settlement or court award resulting from you case. The percentage will be discussed with you and will be the subject of what is called a contingent fee agreement. The law requires, for your protection and that of your lawyer, a written contract which specifies the fee he or she will charge so there will be no misunderstanding about how much your case will cost.

It is worth noting that state laws usually ensure that the fee or contingency rate in a case is negotiable between the client and the attorney and isn’t set in stone. Also, it’s uncommon for personal injury attorneys to request any money up front and/or out of pocket, especially in car accident cases.

 Elements of Injury Case

  • breach of duty
  • duty
  • causation
  • damages

Personal Injury Law Organizations

  • Law Society of England and Wales
  • The Florida Bar
  • New York State Bar Association
  • Minnesota State Bar Association