Charles Flaxman is a personal injury attorney practicing out of Hollywood, Florida. With 37 years of experience fighting personal injury cases, he has seen and heard it all, and in this article, he takes some time to answer some of the most frequently asked questions about personal law.
How do I know if I have a strong personal injury claim? Personal injuries can include physical harm, mental distress, invasion of privacy or intent to harm, whether purposefully or through negligence. Negligence is roughly defined as conduct that does not adequately protect persons from foreseeable harm, or personal injury. At issue here is whether not only the defendant, but also the plaintiff, acted in a “reasonable manner,” a term which is admittedly open to a lot of interpretation.
For instance, if you slip on a banana peel in a supermarket, the owner may claim you were being negligent in not watching where you were going. But there are also fair arguments you could make for negligence on the part of the defendant in the same case. For example, supermarkets spend a lot to get you to look everywhere but down, so how can they blame you for not noticing the banana peel? Now let’s say instead of a banana peel, you slipped on some water instead. If this water spill was on the floor for an extended period of time, you could prove negligence by poor maintenance.
Should I take on my personal injury lawsuit on my own or hire a lawyer? It is possible to represent yourself in a personal injury lawsuit and get a desirable outcome if you do your homework and fight for the compensation you deserve, but the outcome is positive in only a small number of cases. This is partly because of the experience a lawyer brings to the table—an attorney will be familiar with the personal injury lawsuit process and will be able to help you get damages you might not even know you’re entitled to—but also because simply having an attorney represent you and pose the risk of going to trial typically generates more generous settlement offers. A good lawyer should know when to settle, but never take the possibility of going to trial off the table—lawyers who tend to settle personal injury cases embolden insurance companies.
What should I do immediately after suffering a personal injury? If you have suffered a personal injury, seek medical attention. Don’t listen to anyone who tells you not to call an ambulance or the police if you require medical assistance. And if you are able, take a written and photographic record of the scene of the injury and all relevant details, and from as many angles as possible. If there are witnesses, be sure to get statements. As soon as you are able, contact an attorney (many offer free consultations), and do not by any means agree to any settlement or agreement without first speaking to a lawyer.
What’s the deadline for filing a personal injury lawsuit? The deadline, or statute of limitations, differs from state to state. In some states, you will lose your right to sue after a year, in others you will have up to six years. In either case, there is no reason to put off speaking with an attorney and taking immediate action to secure any damages you deserve. And, again, make sure you don’t put off getting medical attention. Not doing so can hurt your case. And if you see a doctor, be sure to follow all his recommendations, not only for your health, but also to help you build a case no insurance company will be able to poke holes in.
