Do I Have A Case If I got Hurt In An Traffic Accident
A case exists if the driver of another vehicle, which can be either a two wheeler or a four wheeler or even an airplane, drives his or her vehicle carelessly. Carelessness is simply an act of negligence. According to the dictionary definition, negligence is the failure to do what any reasonable individual would do under the same situation and circumstances. Let us consider a simple example to help illustrate the point better. If a person fails to stop his car at a red light as any normal individual would, he could be penalized for his negligence and is held responsible for the damages due to his negligence. The damages may include personal injuries caused as a consequence of the actions of the negligent person.
These personal injuries can be of any degree ranging from pain to permanent disability and in some cases can even be the cause of death. The injuries do not have to be physical in order for the damages to be sought. Cases that involve the person being subjected to high levels of emotional stress and abuse of any form including verbal abuse may also entitle him to damages. In the unfortunate event of a death, the family members of the deceased person can recover the damages. This is possible through laws which deal with wrongful death and litigation.
Even though the majority if the injury cases involve only small injuries, you will still be entitled to considerable monetary damages in most cases. All medical expenses, however small, which includes medication and hospital expenses can be recovered. Additionally, in cases which involve extreme negligence, recovery of punitive damages is possible so that the person does not repeat this kind of action in the future. Recently, there has been an increase in the usage of mediation for resolving claims regarding personal injury. This has become one of the most prevalent methods to arrive at a reasonable compromise settlement, especially in claims that would be more expensive and those in which litigation to the jury’s verdict is difficult. When the approach is effective, the claim or litigation ends without any further expenses to the client. Upon failure, the individual uses the regular procedures and trials by the jury without penalties. Moreover, mediation is the most cost effective procedure that can help save the injured person from spending a large sum on litigation expenses.
Is an attorney necessary?
If there is an injury, an attorney has better chances of securing more damages than that you can secure yourself. Personal injury is a field for only specialized attorneys and they need to be qualified to handle such cases.
How to chose an Attorney
Many factors go into choosing the personal injury attorney.
Even though all attorneys have been through law school and have passed the bar exam, it does not necessarily make them qualified.
1. How long has the attorney has been practicing?
2. Does he have experience in handling similar cases?
3. Does the attorney have a good record in recovering damages for his clients?
4. Is the attorney prepared to take up cases on the basis of contingency, and does he have the necessary financial resources to do so?
Are there any costs for a personal injury lawyer?
It is not required for a personal injury victim who has a strong case to pay any money out of pocket. Any good attorney will usually take on a case on the basis of contingency. The attorney will cover any expense incurred during the trial, and take a percentage as his fee. This can range from one third to a half of the total damages.