How Do I Know If I Need To Hire A Personal Injury Attorney?
You just got in an accident and you are hurt. Most people don’t know what to do or who to call. We’ve all heard about big dollar settlements from cases where someone was hurt, but probably don’t know one of these people personally. And we probably are not attorneys either so we don’t know the law and what our rights are. So how do you know if you need to hire a lawyer?
Injury cases fall under tort law, and in every type of tort claim, you need to prove two essential points. First, was there liability on the other partys part, and second do you have any damages? If you feel that either of these is the case, you should get legal advice before signing anything. If you don’t know an injury attorney personally, look on the internet for a local one. You can check on their credentials at Martindale Hubbell, and see if they are peer-review rated or not. This will give you some good references to start with before even talking to a single lawyer. But remember, in your case, you have to prove the liability & damages in court.
Most types of personal injury cases that are filed fall under the automobile accident category. That is the most common type of claim. But if you are in a fault state, to win an injury case against the other person, you need to establish that the other person was negligent in the accident. The standard to prove is whether the other party failed to exercise reasonable care or not. Whether you know this or not, all drivers have a duty to exercise reasonable care when they get behind the wheel of a car. If the other driver did not exercise reasonable care & breached that responsibility, then the law states that you can sue for your loss. In states where they have passed no-fault laws, the standard is different, so make sure you consult with an attorney who is in your area.
There is another basis for personal injury claims. Strict Liability is an area of tort law that is gaining in importance. Strict liability means that if a manufacturer makes a product that is defective, or if it is designed poorly, they can be liable if you are injured by that product. This is different than negligence, but you must prove that the design or manufacturing process of that product make it dangerous, especially when it is used as it was intended to be used.
If someone hits you in the face or body, you could also file a personal injury case against them but under the basis of Intentional Wrongs. These types of cases aren’t filed as much, but it can happen. Or if you are accused of shoplifting from a store, and the store security wrongfully detains you for a period, you can file a wrongful imprisonment suit against them. They could also have criminal charges filed against them, but the state would have to file them on your behalf, rather than you filing a criminal complaint against them.
Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident were you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits don’t make it to court, and are settled before that happens.
The last thing to consider is the length of time you have to file a claim. Many states statue of limitations are different. What this means is that you have a limited amount of time to file the case. The time limit can be as little as one year to file a lawsuit for an auto accident. If that time passes, then you lose your right to sue, or you case can be thrown out of court.
Finding a good Las Vegas Personal Injury Attorney can be difficult. Author, Anthony Flores helps attorneys with their search engine marketing and helps them get clients when they search for an Accident Lawyer Las Vegas.
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