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A personal injury is any injury to a person’s body or mind caused by another’s carelessness or recklessness. Personal injuries can be caused in a variety of ways. Following are some of the most common causes of personal injury:
How do I know if I need a lawyer? If you’ve been seriously injured or are unsure of the outcome of your injury, you should consult with a lawyer as soon as possible and certainly before you give any statements or sign any papers of any kind from an insurance company. Holland Law Firm offers a free consultation on injury cases, with no obligation to hire us. You have nothing to lose by consulting us before you accept any insurance company offers. What compensation is available in a personal injury claim? Personal injury victims who can prove another person caused their injury can recover money for losses, or damages, they sustain as a result of the injury. Personal injury victims may obtain compensation for damages they can prove, such as:
Additionally, spouses of injured victims can recover damages for loss of love, affection, companionship, and comfort ordinarily provided by their injured spouse. A contingency fee is used by lawyers in most personal injury cases. The fee is a percentage of the client’s monetary recovery from the claim, usually 33%. The client is usually responsible for paying the out of pocket expenses made by the lawyer to prepare the client’s claim, but these expenses are usually paid from the monetary recovery, if any, along with the fee. Do I still have a claim if the cause of my injury is partially my fault? Possibly, based on the legal doctrine of comparative negligence. Comparative negligence requires a jury to compare the negligence of two parties involved in an injury-causing event, with the victim’s damages reduced by the percentage of the victim’s fault. However, if the injured party is found to be more than 50% at fault for the incident, he cannot recover at all. Most personal injury cases are settled out of court between opposing lawyers or the insurance company. If the case goes to trial, you will likely have to testify in court. How long do I have to make a personal injury claim? Every state has a law called the “Statute of Limitations” that sets the time limit within which you must file a personal injury lawsuit. If you miss the deadline, your case is time-barred, meaning it is thrown out of court and you cannot even attempt to recover for your injuries. Ensuring that the statute of limitations does not expire on your claim is one of the many reasons you should consult a lawyer if you’ve been seriously injured by another’s wrongful conduct. How long will it take to settle my claim? It can be as swift as 3 months or as long as over a year, depending on the circumstances of your claim. Three factors that increase the length of time involved in settlement are the complexity of the case, the severity of the injuries, and whether a lawsuit is filed. Complex cases, such as defective products, may require research into the mechanics and science of what caused your injury, which often requires hiring experts to assist in the research and investigation of your claim. At Holland Law Firm, we generally do not present your injury claim until we are reasonably certain of the full extent of your injury so we can maximize your recovery. Thus, severe injuries requiring ongoing medical treatment may take more time. If a lawsuit is filed, time is added because the parties must work their way through the discovery process, a system by which both sides obtain information and evidence about the case. Of course, the case may have to go to trial, which requires some patience as the case climbs its way up the list of cases to be tried. At Holland Law Firm, if your case goes to trial, we will be prepared, and so will you. For a free consultation with Holland Law Firm call (864) 582-0416 or contact us online. |
Personal Injury FAQ
Palmetto Bank Building | 101 W. St. John Street, Suite 206 | Spartanburg, SC 29306
Phone: (864) 582-0416 | Fax: (864) 585-9499
