People can sustain serious injuries when involved in accidents. A Kernersville personal injury lawyer can help in this situation to ensure the victim files a claim and gets compensated for the injury.
Keep reading for more details on the need for a personal injury attorney, steps to take after the injury, and more. At McIver Law Firm, we are experienced in fighting for the compensation you deserve. Call us today at 336-727-9886 to schedule your free consultation.
Why Should I Hire an Attorney for My Personal Injury Case?
A personal injury attorney can help in various ways after one has been injured or suffered harm because of someone else’s intentional or negligent behavior. Here are reasons to hire a lawyer for a personal injury case:
Help with Legal Expertise
Personal injury attorneys have a great understanding of the law. They are experienced in handling personal injury cases, meaning they can offer legal assistance to the victim through the claim process.
Support in Building a Case
Personal injury cases require gathering necessary evidence like medical records, witness statements, and accident reports. An attorney can help in compiling this evidence to build a strong case.
Claim Assessment
The lawyer will evaluate the case and determine whether the claim is valid. They can also provide information on the potential amount of compensation.
Negotiation and Settlement
Negotiations are part of a personal injury case, and a lawyer can help them to reach a fair settlement.
Protection of One’s Rights
Insurance companies may tend to act unfairly in a personal injury incident. An attorney will advocate on behalf of the individual for fair treatment and compensation.
Lastly, because personal injury cases are usually stressful, knowing someone will handle all legal aspects of the case gives one peace of mind, and they can focus on recovery.
How Much is My Case Worth?
One needs to evaluate the details of their case for an accurate estimate of its value, and one should seek the help of a personal injury attorney when doing so. The following are factors used to determine the worth of a case:
Extent of Injury
One must consider the severity of injuries when determining the case’s value. It includes checking the amount of treatment needed, the time to recover, and the long-term effects of the damage.
Pain and Suffering Resulting From the Incident
Compensation is intended to cover the pain and suffering caused by the injury, meaning the amount of distress must be considered to establish the value of the case.
Medical Expenses
It includes the total amount spent on hospital bills, medications, surgeries, therapy, rehabilitation, and other medical care.
Lost Wages
Personal injury can cause a victim to miss work, preventing them from earning an income. The injury’s impact on the ability to work and earn a living must be determined when calculating the worth of a case.
Cases differ, and so can the value depending on the circumstances. A personal injury attorney can help provide a good evaluation depending on the factors of the case and existing laws.
How Much Does it Cost to Hire a Personal Injury Lawyer?
The cost of hiring a personal injury attorney may depend on factors like location, the complexity of the case, and experience. Below are common fee arrangements for personal injury lawyers:
Contingency Fees
Some personal injury attorneys work based on contingency fees, meaning they don’t receive an upfront amount, but the payment depends on the case’s success. The lawyer gets a specific settlement amount or reward if the case is successful.
Flat Fee
A lawyer may charge a flat fee for their services. For instance, they might require a client to pay a fixed amount for reviewing legal documents.
Hourly Rate
Lawyers may charge an hourly rate for their work. In this case, a client pays based on the time the lawyer works on the matter.
Individuals may also have to compensate their attorney for expenses like witness and court filing fees. Discussing and agreeing on the payment structure before beginning the case is crucial.
What Should I Do After a Personal Injury?
Victims must do certain things after a personal injury for their well-being and to protect their rights. The following is a breakdown of the necessary actions:
Call the Police
Whether the accident occurred at work or in a public place, individuals involved should notify the police. They should file an official report with the relevant authorities because it will serve as evidence later.
Do Not Admit Fault!
One should refrain from making statements regarding fault after a personal injury occurs. This is because admitting fault can have legal implications, impacting potential compensation.
Document the Scene
An individual must record and preserve documents related to the injury. Such details may include hospital bills and medical records. All these documents help to support the claim and also determine the level of damage.
Get Medical Attention
Victims should prioritize their health by seeking medical attention after an injury – even minor injuries should be treated. It’s essential to follow the advice of medical experts for recovery.
Never Talk to Insurance Companies Alone
A victim should be cautious while speaking to insurance companies after an injury because the companies usually care about their interest, which can involve paying the least amount for a claim.
Consult Their Personal Injury Lawyer
The first thing should be to speak to a personal injury attorney before conversing with insurance companies. A lawyer guides the victim in navigating the insurance process for fair compensation.
Knowing One’s Rights
An individual must familiarize themselves with their rights and seek to understand the insurance terms.
Dealing with insurance companies can have legal consequences. One should be careful of the statements they make when it comes to speaking with insurance representatives. Victims should only sign any documents after the personal injury lawyer reviews them.
Types of Personal Injury Cases We Handle
Injury cases may arise from various circumstances like:
Car Accidents
One of the major causes of personal injury cases is car accidents. Such incidents result from drunk driving, distracted driving, speeding, and negligence.
Wrongful Death
Intentional actions, recklessness, or negligence can directly lead to someone’s death. We help with surviving family members with such claims.
Slip and Fall
Uneven surfaces, wet floors, and other hazardous conditions can lead to accidents that result in personal injury.
Product Liability
Defective products can harm users. Such can include unsafe consumer goods, faulty medical devices, and defective machinery.
We also help clients handle other cases, such as motorcycle accidents, truck accidents, uber accidents, and premises liability.
How is Negligence Determined in a Personal Injury Case?
Negligence in a personal injury case is established by determining whether the defendant had a duty of care, breached it, and whether the breach led to the plaintiff’s injuries. These elements must be proven to determine negligence.
Duty
The first thing is to show that the defendant owed a duty of care to the victim. It means establishing a legal obligation to act in a manner not causing harm to others. For example, property owners must care to offer visitors a safe environment.
Breach of Duty
After the duty of care is proven, the next thing is to prove that the defendant breached it. It entails showing that the responsible individual acted unreasonably, causing harm to the victim.
Causation
It involves demonstrating that the breach of duty caused the victim’s injuries. One can do this by proving that the injuries would not have happened if the defendant had acted differently.
Damages
The plaintiff should show they suffered harm or damage from the defendant’s negligence. The damages can include medical expenses, injuries, and lost wages.
Cases are different, and elements of negligence may vary. We will assess the facts of your case and guide you through the claims process.
How Do You Prove Negligence?
Victims can prove negligence by displaying evidence like medical records and accident reports. Eyewitness testimony may also be used to establish that a defendant acted inappropriately, leading to the victim’s injury.
What Types of Damages Are Recoverable?
A personal injury victim is entitled to these types of damages:
Economic Damages
These are damages meant to compensate for financial loss. They include medical expenses, loss of earning capacity, and lost income.
Non-Economic Damages
These compensate for intangible losses that can’t be quantified. Non-economic damages include loss of companionship, pain, and suffering.
Punitive Damages
In addition to economic and non-economic damages, victims may receive punitive damages. They’re not typically meant to compensate the affected individual but aim to punish the defendant for misconduct.
How Long Will My Personal Injury Case Take?
The duration of a personal injury case depends on factors like the complexity of the case, treatment and recovery of the victim as well as the settlement negotiations. The most important thing is for the victim to cooperate with the court and follow the guidance of their personal injury attorney.
What is the Personal Injury Claim Process?
The personal injury claim process involves various steps. Here’s an overview.
File an Insurance Claim
An individual should file an insurance claim after gathering the necessary evidence and consulting a personal injury lawyer.
Write a Demand Letter
The personal injury attorney will help the victim prepare a demand letter with details like damages, liability, and the amount of compensation they’re seeking. The letter is sent to the insurance company or other responsible parties.
Evaluate Settlement Proposals
It seeks to reach a settlement agreement. In case of a fair deal, the issue may be resolved without a trial.
Trial (If Necessary)
A personal injury lawyer may advise filing a lawsuit if there isn’t a favorable settlement. The litigation process will involve discovery, deposition, and motions. The jury will then decide the case after a trial.
Contact a Kernersville Personal Injury Lawyer
Being injured due to the negligence of another party shouldn’t result in you having to pay thousands in medical, personal, and property damages. You and your family deserve the best representation in North Carolina.
Victims are eligible for compensation after damages resulting from a personal injury. Contact a Kernersville personal injury lawyer at McIver Law Firm for any help with personal injury claims. We aim to provide the best service to each of our clients. Call today at 336-727-9886 to schedule a free case review*.
