You’ve tripped on a slippery floor at work and injured your back – now you’re looking at six months lying in bed without work. Or maybe your mother has been left unable to walk after she got hit by a speeding car that failed to stop at a red light, or your Aunt Hilda sprained her elbow after falling on a child’s toy left carelessly on the floor of the doctor’s waiting room. Who’s to blame – and who will pay up?
In order to win a dog bite case, you might have to prove that the owner knew the dog was dangerous but did nothing about it.
Finding out who’s right and wrong when it comes to personal injury, medical malpractice, wrongful death and even personal injustice is all the responsibility of a personal injury lawyer, who is entrusted - in principle, at least - to get you the best compensation package possible to make up for your pain, suffering, days off work etc.
But while getting a great personal injury lawyer sounds like the end of all your troubles, it’s not always as straightforward as it sounds…
What is a Personal Injury?
A personal injury can happen anywhere and at any time, and can result in an injury, or injuries, which are either physical, emotional or psychological. You must, however, be able to prove that the injury occurred as a result of negligence (carelessness) or unsafe actions by someone else, such as the driver of a car, your employer, your landlord, the owner of a local store etc.
Here are some of the most common injuries which personal injury lawyers deal with on a regular basis:
Work Accidents. In order to win a case you must prove that the accident occurred due to negligence or “unreasonably unsafe actions” on the part of your employer. This can be because of a floor that was wet, faulty repairs, unsafe machinery, not providing the right safety goggles or clothing, etc.
Car Accidents. Accidents involving cars probably cause more deaths in the United States than any other accident. You are more likely to get adequate compensation if the driver was under the influence of drugs or alcohol. How much you will get will depend on the extent of the injuries, how many days were missed off work, if a death occurred etc. Be aware that truck accidents are a different category altogether.
Wrongful Death. This allows the close relative of a person who died due to a “wrongful act” to receive compensation to make up for their emotional and financial loss. The action can be unintentional, such as the result of a car accident or an unintentional fall that ended up being fatal, or deliberate, such as murder.
Dog Bites. The canine crunch is much more common than you would think, and results in an estimated 12 deaths every year in this country. In order to win a case like this, you might have to prove that the owner knew the dog was dangerous but did nothing about it. Laws vary from state to state, but if the person who sustained the bites was trespassing or actively provoking the dog, they usually don’t have a case.
Injustices. If you were denied entrance to a club because of your religion or skin color, there is a chance you could get compensation. But if you felt mildly embarrassed because you slipped on a wet floor in your local drugstore in front of other customers – but sustained no physical injury – it is unlikely you could get money back from the store.
Medical Malpractice. Usually referred to a medical malpractice lawyer, not personal injury lawyer.
Top Tips to Getting the Best Deal
Once you know what you are dealing with, finding a good lawyer is key…
- Find a lawyer with a good reputation. Personal injury lawyers are big business these days, and hiring the first guy you see who has a slick television commercial may not be the best idea. Word of mouth is usually your best bet when it comes to getting a trusted lawyer of any kind, so ask around and find someone with a rock solid reputation.
- Once you’ve found one, meet up pronto. It’s important that you meet with your attorney and decide whether it’s worth filing a claim as soon as possible after the accident has occurred. This is vital not only because you’re more likely to remember all the details and thus win the case, but also to ensure that your statute of limitations doesn’t run out. Remember: if you sit back and take your time, your claim will be less likely to succeed.
- Discover whether you have a case or not. Most personal injury lawyers work on contingency, meaning they only get paid if you get a settlement. That means they should, in principle, be up front with you about whether you have a case or not. It’s not worth their time to spend weeks investigating the ins and outs of your situation, when they know they don’t have a chance in hell of winning.
- Check out your lawyer’s fees. Saying that, even if your lawyer works on contingency, make sure you read the fine print to determine what their fees are. Often they advertise “no win, no fee.” What they may not advertise is “When we win, we take a whopping great 99 percent of your settlement.” Find out in advance what their fees are, or what percentage of your win they plan on keeping for themselves. While you may not end up out of pocket, with an unscrupulous lawyer you may end up with an empty pocket.
- Try to avoid going to court. Remember that the vast majority of personal injury lawyers settle out of court, to avoid all the hassle and legal fees that a court appearance would entail. They will work together with the legal counsel of the opposing party to decide how much compensation you should realistically be entitled to, and hopefully come to an agreement that will save you both time and energy.
If you believe you or a loved one has suffered unreasonably, either physically or emotionally, due to the negligence of someone else, you may have a case. Keep in mind that many personal injury lawyers have specialties – motorcycle injuries, slip and fall injuries, even shoulder pain injuries – so you should be able to easily find one who has dealt with similar problems numerous times before. It’s worth a try!
