Serious & Catastrophic Personal Injury Law Firm

A serious personal injury accident changes your life. While you cannot go back in time and undo the damage, you can work with us to improve your future.

If you have suffered a personal injury, you may be entitled to compensation, something our attorneys can assist you in pursuing. This monetary compensation will help you cope with the aftermath of your injury and move forward in life.

WHAT IS A PERSONAL INJURY?

A personal injury is defined as harm done to someone’s body, mind, emotions, or general health, as opposed to damage done to someone’s property. Legal responsibility, or liability, for personal injury cases revolves around the idea that most injuries are caused by someone’s careless, or negligent, actions.

A personal injury lawsuit is filed on behalf of the injured party: the “plaintiff.” The lawsuit is filed against the person or entity that caused the injury, whether it was through their negligence, reckless conduct, intentional misconduct, or strict liability. Strict liability means the individual is legally responsible for the consequences of their actions even if  there was no criminal intent.

WHAT IS A PERSONAL INJURY?

A personal injury is defined as harm done to someone’s body, mind, emotions, or general health, as opposed to damage done to someone’s property. Legal responsibility, or liability, for personal injury cases revolves around the idea that most injuries are caused by someone’s careless, or negligent, actions.

A personal injury lawsuit is filed on behalf of the injured party: the “plaintiff.” The lawsuit is filed against the person or entity that caused the injury, whether it was through their negligence, reckless conduct, intentional misconduct, or strict liability. Strict liability means the individual is legally responsible for the consequences of their actions even if  there was no criminal intent.

Do I Need a Personal Injury Attorney?

If you have been in a serious injury accident you are not legally required to have a personal injury lawyer handle your claim.  However, it is highly recommended that you hire an experienced attorney. Personal injury litigation can be complex, confusing, and time-consuming, not to mention the headache of working with insurance companies.

There is simply no substitute for the knowledge a personal injury attorney has with regard to making sure all forms and documents are completed and filed on time, locating witnesses, calculating damages, and working with insurance companies. Statistics show that individuals who use a personal injury attorney for their injury claim receive more compensation than those who handle their claim on their own.

Still not sure if you need a personal injury attorney? Check out our “Top 10 Reason To Hire  A Personal Injury Attorney” for a more detailed look at your options.

Factors That Affect a Personal Injury Claim

There are two important factors that affect the potential success and value of a personal injury claim: first, who is at fault, and second, the nature and extent of your injuries.

Who Is At Fault

The most important factor affecting your claim’s potential compensation is the amount of fault another individual takes for your injury. In other words, the compensation you are entitled to will depend on whether another individual was totally at fault or if you helped contribute to your injuries. In the event of the latter, the damages awarded will be reduced by the percentage in which you contributed to your injuries.

Nature & Extent of Your Injuries

Determining how much your injuries are worth is critical in any injury claim. It is also the most difficult to generalize. No two injury claims are the same. The value of each claim will depend on many factors, including expenses incurred, lost income, emotional damages, disability or disfigurement, length of recovery process, and loss of life.

Steps to Take After an Injury Accident

The first few days immediately following an accident are often the most important for finding and preserving evidence and documenting your injuries. Here is what you need to do after a personal injury accident if you want to increase your chances of financial recovery.

Take Notes

Good documentation of the accident, your injuries, and any losses you suffer, along with any conversations you have, is highly important in a successful injury claim. Do these things as soon as you are able:

Write down everything you remember about the accident. What you were doing, where you were, who you were with, what you saw and heard, the time of day, and even weather conditions are all important to document.

Document your injuries. Take daily notes about your pain, discomfort, loss of sleep, anxiety, and any other problems that may not be as visible as other injuries.

Take note of anything you have lost. Work hours, job opportunities, meetings, classes, events, family or social gatherings, vacations, or anything else that would have benefited you or you would have enjoyed had the injury not happened.

Document accident-related conversations. Write down dates, times, people involved, and the contents of every conversation you have about your injury accident claim. This includes communication done in-person, over the phone, and via email. You should also refrain from using any social media.

Preserve Evidence

Return to the scene as soon as possible. Locate and photograph any evidence you believe may have caused or contributed to the accident. Look for individuals who may know of other accidents that have occurred in the same place.

Protect physical evidence. Physical evidence can be used to prove fault for an accident and help prove the extent of an injury. Try to preserve any physical evidence exactly as it was at the time of the accident. If you cannot preserve the actual object, take photographs of it.

Locate witnesses. Witnesses to an accident are immensely valuable. They may be able to describe things about the accident that confirm your story. Even a witness who did not see the accident may be able to confirm your injuries or overheard a conversation that could prove someone else’s fault.

Report your injuries. Promptly report your injuries to a doctor or medical provider. Photograph any visible marks, cuts, bruises, or swelling, including any casts, splints, bandages or other devices.

Time Limits on Injury Claims

We are frequently asked, “How much time do I have to sue someone for personal injury?”  All types of cases, whether criminal or civil, have a time limit, called “statute of limitations,” in which the case must be filed. The statute of limitations for personal injury cases can vary from state to state. Some limits are as short as one year, while others are as long as six years.

If you have been injured, contact an experienced personal injury attorney to advise you. Every injury is different and it is important to know when your time limits begin and if there are any circumstances that may pause this time or even provide for an additional claim.

Personal Injury Damages

Determining how much your injuries are worth is a critical aspect of any injury claim. It is also the most difficult to generalize since amounts vary depending on the circumstances. Everything you have suffered as a result of you injury will be assessed to determine the value of your claim, such as:

  • Medical care– Hospital bills, surgery and physical therapy, medications and medical equipment, nursing care, home modifications, and other anticipated treatment
  • Lost income– Lost wages for time away from work and projected earnings and benefits for injury victims who are unable to return to their jobs
    • At times, someone may be able to return to gainful employment but have limitations that affect future earning potential.
  • Disability or disfigurement– Loss of use of bodily functions, loss of limbs, facial scarring, and disfiguring injuries
  • Pain and suffering– Chronic pain, anxiety, depression, and other physical, psychological, and emotional effects
  • Loss of consortium– Loss of intimate relations with a spouse/partner due to disabling injuries or loss of an injured spouse’s ability to contribute to the tasks of daily living in a household

These damages can quickly add up, especially when the injuries are extensive or permanent. It is important to be represented by a law firm that is committed to your comprehensive needs and not merely looking for a fast settlement.

Injury Claims & Insurance Companies

When it comes to a personal injury, there are two types of claims: first party claim and third party claim. The type of claim you need to file will depend on who is at fault for your accident.

  • First Party Claim:  A claim filed against your own insurance company.
    • Typically this will happen if you caused your own injury.
  • Third Party Claim: A claim filed against another’s insurance policy.
    • This will takes place when an individual or a business’s negligent act caused your injury.

What To Expect from an Insurance Company

An insurance company is only going to pay for your injuries if they are forced to, and even then, only to the extent they must. These companies will often stall the payout of any big claims—this is because they take the premiums paid to them and invest them, and those investments make up their main source of income. To ensure you receive the compensation you deserve, it is important that you hire an experienced personal injury attorney.

The Insurance Process

Whether you are injured in a motor vehicle accident, by a defective product, on someone else’s property, or at home, there are certain procedures an insurance company may require, which are as follows:

  1. File an Incident Report with the insurance company within 24 hours
  2. Provide the following information:
    • What caused the accident
    • Extent of your injuries
    • Photos of the accident scene
    • Names of witnesses
    • More detailed account of the incident
  3. Undergo an Independent Medical Examination– usually by a company-provided doctor
  4. Have a Claims Adjuster inspect the property– if the injury was caused by a building condition

Once the investigation has been concluded and the value of your claim has been decided, the insurance company will issue a settlement check.

Personal Injury Cases We Handle

Our firm is extremely knowledgeable about all aspects of personal injury cases; we have extensive experience in ensuring victims of serious or catastrophic injuries receive the full compensation they will need to cover losses and adapt to their new life. See more about the specific types of cases we handle:

  • Dangerous Products: Injuries from defective machinery, vehicles, and consumer goods
  • Nursing Home Negligence: Injuries to elderly residents from abuse, falls, bedsores, ulcers, neglect, or medical errors
  • Sexual Abuse: Sexual assault and molestation of children or vulnerable adults by others in a position of trust, such as religious organizations, churches, property owners, daycare operators, youth leaders, or teachers
  • Dangerous Premises: Slips, trips and falls, swimming accidents, victims of criminal acts on the premises, and other injuries from unsafe property
  • Auto Accidents: Compensation for drivers, passengers, and pedestrians injured in auto or vehicular accidents, including those that involve motorcycles, busses, or tractor trailer trucks
  • Hunting Accidents: Injuries from defective firearms and tree stand accidents

Our Experience & Dedication to Get Results

Any personal injury suffered is serious to the victim; however, victims who have suffered things like burns, paralysis, brain trauma, fractures, or spinal injuries have additional needs that can only be adequately addressed by attorneys with experience handling more complex injury cases.

Our lawyers have over 75 years of combined experience representing individuals injured by the negligence of others. We have successfully handled numerous catastrophic injury settlement claims, and are available to handle a range of serious injury cases, including:

Free, Confidential Consultation

Our attorneys are here to help. Contact us today.