General Personal Injury Frequently Asked Questions

Q: How long does a personal injury settlement take?

A: Settlement for personal injuries can take anywhere from a few weeks or, in the most serious cases, up to several years. Every case is unique.  If you arrange a free consultation with a personal injury lawyer they will usually give you a good idea of when you can expect compensation and if at all based on the specific circumstances of your case. One thing any of them will tell you is to be patient with your claim. A rushed settlement is usually a light settlement as far as your pocket is concerned.

Q: How do I know if I have a personal injury claim?

A: Generally speaking, to have a personal injury lawsuit you must have been injured and you must be able to show that your injuries were caused by another. If you meet this criteria you should meet with a personal injury lawyer in your area to discuss the specifics of your potential personal injury claim.

Q: Besides physical personal injuries, what else can I be compensated for?

A: When a personal injury settlement is reached it is not only physical injuries that will factor in the financial ammount. Other things that play a role in the ammount of a persona injury settlement include medical bills, lost wages, pain and suffering, permanent scars, emotional trauma, mental anguish, loss of enjoyment, loss of love, mental disability, property damage and any out of pocket expenses resulting from the negligent act. Talking with a personal injury lawyer about your specific circumstances will clear up if and what you can be compensated for.

Q: What are the statutes of limitations?

A: Statutes of limitations are the time frame in which you have to file a personal injury lawsuit. They vary by state and type of claim. For example, in the state of Washington you have 3 years to file lawsuit based on injuries from an auto accident, yet only 1 year to file a medical malpractice or wrongful death lawsuit against a government agency. If you have missed the deadline for filing a personal injury lawsuit under your state’s statute of limitation you will (with some exceptions) be prevented from ever filing a claim for your injuries. Generally speaking, statutes of limitation range from 1-3 years. If you are unsure if you have a personal injury claim you should meet with a personal injury lawyer to talk about your specific circumstances.

Q: Will I have to appear in court to settle my personal injury claim?

A: It’s possible, however over 90% of cases do not go to court. This is because of the longevity and expenses involved in a court room case. If the case can not be settled without going to court then you will have to appear in court and tell your story to a judge and jury.

Q: What is a deposition?

A: A deposition is when the injured is questioned or deposed by the defendants attorney about the accident. The depostion is usually done in a conference room and the insured’s answers are recorded. If the case goes to court the answers from the deposition will be compared to the answers given in court.

Q: What is negligence?

A: Negligence means that someone acted carelessly and injured another due to that carelessness. Negligence serves as the anchor of  a personal injury lawsuit. For example, if a store’s leaky roof caused someone to fall and injury them self, a personal injury claim could be made based upon the negligence of the store.

Q: What is comparative negligence?

A: Comparative negligence assigns a degree of fault after a personal injury settlement is reached and works on percentage basis. For example, in a personal injury settlement where the injured is awarded $200,000 and comparative negligence assigns 10% fault to the plaintiff because of their lack of caution, they will receive 90% or in this case $180,000 of the settlement. In some cases if you contribute to your injury no settlement will be gained.

Q: What does the term liable mean?

A: In a personal injury lawsuit when someone is held “liable” they are obligated to pay for the injuries they caused to the plaintiff. This term is only used in civil cases, while in criminal cases the term guilty is used.

Q: What is strict liability?

A: A person or ,more frequently in these cases, company may be held “strictly liable” for activities that harm others, even if they have not acted negligently. Under strict liability, a person injured by a defective product, for example, may be compensated by the manufacturer of the product without showing proof of negligence.

Q: What does the term duty mean in a personal injury lawsuit?

A: Duty is the legal obligation the law imposes on us to protect other’s safety. For example, when a person drives an automobile they owe a duty to drive safely to all other drivers and pedestrians.

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