I Was Injured. What Can I Do Now?

Tue, 29 May 2007 21:19:00 GMT

If your injury was a result of someone else's negligence, you can take that person to court and you may be awarded money to cover your losses. Alabama is a contributory negligence state. That means if your own negligence contributed to your injury, you may not recover anything for your injuries. Whether or not you are entitled to compensation may depend on the type of accident that caused the injury.

For example, workplace injuries generally are covered by worker's compensation benefits, which compensate for medical expenses, lost wages, and impairments, without regard to fault by anyone. A claim can be made if the accident was caused by someone other than the employer or a coworker.

Generally, people who operate motor vehicles must exercise reasonable care under the circumstances. Failure to use reasonable care is the basis for most lawsuits for damages caused by an automobile accident. In these cases, proof of fault is often contested and requires thorough investigation. A driver may also be liable for an accident caused by intentional or reckless conduct. A reckless driver is one who drives unsafely, with willful disregard for the probability that the driving may cause an accident.

If you were injured at someone else's home or at a commercial establishment, the person responsible for the premises may be found liable. You will need to prove that the injury was caused by an unsafe condition that the owner should have known of and corrected before the accident. In a typical slip and fall accident, the injured person must show that the person responsible for the premises was negligent in the design, construction or maintenance of the property. The standard of care a property owner owes to a trespasser is usually less than that owed to a person who has permission to be on the property. The law does recognize an exception for children and requires adults to take greater care to protect against harm to children.

Claims for injuries caused by an unsafe condition on public property are subject to strict claims requirements and liability is only established in certain circumstances. For lawsuits brought against public entities, there are statutes which often require lawsuits be brought within a very short period of time, and only after written notice of the injury has been given to the government.

Injury can result from defective products, as well. When a company designs and manufactures a product, they have a responsibility to ensure that anyone exercising reasonable care within the expected parameters of usage expected for the product will not be injured. In a product injury case, you do not have to prove the manufacturer was negligent. You only have to prove that the product was defective or that the manufacturer did not provide sufficient warning of potential risks or fail to provide adequate instructions. This concept is called strict product liability. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store.

Injuries can occur in many other situations as well as those outlined above. Once again, you may have a claim if someone else was more at fault for your injury than you are.

How Can I Determine How Much My Claim Is Worth?

Tue, 29 May 2007 21:19:00 GMT

If someone is liable and negligent and they are capable of paying the damages, then you need to determine what your losses are. In the case of medical expenses, you can know to a certain extent what you can expect. But, if the injuries are very severe, requiring extended treatment, perhaps for the rest of your life, the costs must be estimated. There is also the matter of pain and suffering. One rule of thumb, that some use, is the tripling of the medical costs as a general scale for pain and suffering. Of course, this can vary considerably, given the wide range of circumstances, which might surround any individual case.

For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the injury, the effects of the injury on your life and the negligence of the other party. Any settlement will be reduced if there appears to be a good chance that the claim will not be successful. Other factors that may reduce the damages include past medical history, preexisting injuries, and prior claims history.

Considerable compensation may be commanded if your injuries are severe requiring extensive medical treatment, absences from work and permanent injuries. This is especially true if you were a healthy, productive, young worker prior to the accident. That is because an important factor in the value of your claim is the difference between your quality of life before the accident as compared to after the accident.

How Do I Decide If I Need To Hire An Attorney?

Tue, 29 May 2007 21:19:00 GMT

There are situations where an attorney is unnecessary, such as very small cases. Small claims court in Alabama will handle claims up to $3000. If your injury is a minor one that will not result in any incapacity, or substantial medical care, then you may want to settle it yourself in small claims court.

An attorney should be consulted if you have been seriously injured or are unsure as to the outcome of your injury. These cases can get quite complicated. In such cases, an attorney will have the legal expertise, time and resources to effectively handle your claim. An experienced personal injury attorney will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met.

How Long Do I Have To Hire An Attorney?

Tue, 29 May 2007 21:19:00 GMT

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Generally, for personal injury claims, the statute of limitations in Alabama is two years from the time of injury. The period of limitations usually runs from the time the injury occurred. Special rules, however, apply in some situations. Under the discovery rule, if you suffered a hidden injury, the period of limitations runs from when the injured person knew or should have known they were injured. Special rules may also apply to children, to individuals who are mentally impaired or who leave the state for certain reasons such as military service. You should consult an attorney about the specific limitation period for your claim.

How Much Will An Attorney Cost?

Tue, 29 May 2007 21:19:00 GMT

An attorney who believes a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of the damages awarded. The average percentage is 33 percent. This is the fee for the case through settlement. If the case has to go to trial, your contingency fee percentage may increase. Some attorneys will increase the fee to 40. These percentages usually do not include the attorney's outofpocket expenses, which you will also have to pay form any recovery you receive via settlement or verdict.

How Will My Claim Be Processed?

Tue, 29 May 2007 21:19:00 GMT

If the person who caused your injury has insurance, an insurance adjuster will gather the pertinent records including medical records, medical bills, wage loss verification and the like in an effort to verify your damages. The insurance company may make you an offer to settle the claim. You may find the offer acceptable and once you accept it, the claim process is over. If you do not receive an acceptable offer, you can proceed with filing a lawsuit.

You should be sure not to sign any documents without prior review by an attorney. You need to attend all scheduled doctor appointments in order to document your injuries. Accurate records should be kept of time you missed from work, medical bills, and property damage repairs. You can document your damages with photographs of your injuries or photos of property damage.

After a lawsuit has been filed, both parties will conduct discovery. Pretrial discovery usually takes about a full year during which time both parties investigate all aspects of the claim. This may include taking oral depositions, obtaining pertinent records, propounding interrogatories, and hiring expert witnesses to obtain more evidence about the claim. During this period of discovery and as the trial date approaches, the parties will exchange settlement offers/demands. A large majority of personal injury claims settle before trial. If you agree to accept a settlement, you will be required to sign an agreement stating you absolve the other party of all further liability in this case.

What Damages Can I Recover?

Tue, 29 May 2007 21:19:00 GMT

You can recover your actual damages, which are your actual losses such as medical expenses and wage loss. The law allows compensation for future medical and care expenses as well as future loss of income and earning capacity. You are also entitled to damages for personal injuries such as pain and suffering. Pain and suffering are relative to many factors. This can include compensation for emotional distress and mental anguish. The value of your claim may include how your pain and/or injuries affect your ability to participate in activities you enjoyed prior to the injury, such as hobbies, etc. Punitive damages are intended to punish the person who caused your damages. They are only permitted if the person who caused the damages did so with the intent to cause harm or indifference to the possibility of causing harm.

Who Is Responsible When A Person Is Injured?

Tue, 29 May 2007 21:19:00 GMT

The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. Personal injury is part of the law of torts, the legal term that includes all types of injuries to people and their property. There are a number of principles that apply to the law of torts and personal injury. These principles recognize degrees of fault on the part of the person who causes the injury. In general, the degrees of fault can be described as negligence, intentional fault, and strict liability.

The term negligence is essential to tort law. Everyone is expected to take normal ordinary care to ensure that their action or the actions of others under their control, do not cause anyone harm. If they fall below that standard, and someone is injured or their property damaged, then they become negligent. Negligence does not mean that the person deliberately intended to cause harm; it only means that they did not take reasonable care or they did not act when any reasonable person would have.

Strict liability means that one does not have to prove negligence to recover damages. In the case of product liability, the law now holds that you do not have to prove the manufacturer was negligent if someone is injured while using a product. They only have to prove the product was defective. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store.

An "intentional tort" refers to a personal injury caused by a person who has the intent to cause harm. It may also refer to injury caused by willful or reckless conduct. Intentional torts include assault and battery, intentional infliction of emotional distress, libel and slander, etc.

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