Personal injury law is as comprehensive as it is varied, and for every whiplash case out there, there might be a medical malpractice, workers’ comp, or product liability case to match it. In order to fully understand the world of personal injury, you need to have a basic knowledge regarding what it is and what’s involved throughout the process of getting compensation, whatever type of injury you have sustained. In this post, we will explore six facts about this side of civil law that everyone would know so that if you find yourself in a situation where you need this kind of help, you will be ready.
The Lawyer You Choose Will Dictate Your Results
As stated in the introduction, personal injury law encompasses a vast number of different disciplines, all under the one roof we call “personal injury.” As these Boston personal injury lawyers state, there is typically a considerable amount riding on your claim, and if you want to give yourself the best odds at success, the type of lawyer you choose will have an outsized influence on the result. While you can certainly head down to your local law firm and enlist the help of an attorney, regardless of what injuries you have sustained or how you have sustained them, it will work in your favor by selecting those who specialize in the particular area you have found yourself in. For example, a lawyer who has experience with medical malpractice injuries will be a far better companion in a case where you have been injured due to the negligence of a medical practitioner than one who primarily focuses on auto accidents. While there is inevitably some crossover, finding a lawyer more laser-focused on the area in which you were injured will ultimately help you fare better. Outside of the experience and general knowledge of a specific field of personal injury, they should have an extensive network of specialists in that field who they can use for things like expert testimony, etc.
Documentation Is Everything
If you have been trawling through personal injury-related publications and articles in the hope of finding assistance, you will likely have read plenty of information pertaining to the need to document as much as possible when you are a victim of some incidence. This is for a good reason because regardless of whether you go down the court road or choose to settle out of court, without the correct documentation showing what you’re owed, you will most likely find yourself out of pocket and with substantially less than you deserve. In practice, this means ensuring you document everything from old pay slips that will prove how much you warn and thus how much you are losing out on due to not being able to work (if that’s the case) to ancillary expenses such as getting Ubers to and from the place you receive medical treatment. You can really go down a rabbit hole with this process, but the key point is to document anything and everything, and whatever the judge chooses to use and discard is up to them. But, without the information at their fingertips, they will be unable to create a complete picture of your costs and, thus, be unable to award you the total amount.
Time Limits May Apply In Some Jurisdictions
This is not the case for every case and every jurisdiction; you could find that some places have statutes of limitations set up to avoid the issue of a plaintiff bringing a long historical incident to light and demanding recompense long after the fact. As with everything based on law, there are exceptions to the rule, but in most cases, you would do well in finding out these time limits and checking whether you have gone beyond the time frame in which you could be allowed to initiate a case. If in doubt, you can always set up an initial consultation with a law firm and discuss the matter with those in the know. An experienced lawyer will know whether you have a case or not and if the statute of limitations exists in your situation.
Settlements Can Vary Significantly
It is easy to get carried away when you read about an auto accident victim walking away with a million dollars for stress or someone gaining life-changing money from cutting the tip of their finger off when opening a new product. However, in the real world, these kinds of results are few and far between, and if you are banking on using emotional distress as a way to pay off your mortgage, you could be in for a nasty surprise. Again, as with everything to do with the law in general, you could win a significant amount if you have the right lawyer and can prove your injuries (even in the case of emotional distress), but the point here is to temper your expectations. Most claims will only result in you receiving the amount that you have lost out on as a result of the injury and nothing more.
Split Liability Is A Real Thing
Split liability in personal injury cases can arise when both parties involved share some degree of fault for the incident. This shared responsibility often means that compensation may be divided based on the level of each party’s contribution to the incident. For instance, if you are partially at fault for your injury, your compensation might be reduced proportionately. It is essential to understand that proving the extent of each party’s fault can be complex and may require thorough documentation and evidence. Personal injury law varies by jurisdiction, so it’s crucial to seek legal advice that considers local laws and precedents, ensuring you receive the compensation appropriate for your specific case.
You Should Never Deal With Insurance Companies Or Accept Settlements Unilaterally
There is no point more true than the fact that an insurance company will do everything within its power to ensure they either don’t have to pay you anything or can pay you a substantially reduced amount. They may even attempt to get you to settle out of court with a number you believe to be fair but, in actuality, isn’t. Consequently, you should never interact with these entities alone or accept an offer without first running it by your lawyer. Better yet, let your attorney deal with them on your behalf and only accept an outcome that you are comfortable with.
Personal injury law is a complicated beast and is made even more so by the fact that it includes a vast number of disciplines within one field. As long as you are prepared to hire an experienced lawyer and follow their advice, you should come out on the other side with your life and bank account in good order.