It is understandable for people who have suffered injuries in an accident to be uncertain about their next steps. Sitting at home out of work, collecting medical debt, and uncertain what to do next is a stressful situation for anyone. For most, this is the first time they have had to file a personal injury claim, so it’s reasonable to have questions.
The first thing you should know is you may be eligible to file a personal injury claim and receive compensation for your losses if you have suffered injuries due to the negligent actions of another person. Whether you were in a car accident on I-75 in Atlanta, or a loved one slipped and fell on an uneven sidewalk in Montgomery, you could claim damages for lost income, medical bills, pain and suffering, and possibly more.
In this post, our personal injury lawyer can answer some of the most common questions our clients ask us. Continue reading to learn more.
Do You Have a Personal Injury Claim?
Personal injury is any accident in which you suffered injuries because of the actions or inactions of another person or entity. To receive compensation for your losses, you must show how the other party was negligent and who is responsible for the costs, also referred to as l. Examples of personal injury cases include:
- Motor vehicle accidents
- Bicycle and pedestrian accidents
- Wrongful death
- Nursing home abuse
- Slip and falls
- Dog bites
- Defective products
- Dangerous drugs
- Workplace accidents
An attorney can review your accident and explain whether your case is a personal injury.
How Much Is Your Personal Injury Claim?
There is no straightforward answer to this question. Each case has its own unique qualities, so no two cases are exactly alike. The value of your case depends on several factors. That said, the severity of your injuries is one of the most influential factors. Your injuries will impact the amount of care you will need to recover, the impact on your daily life, and the pain and suffering you will experience.
What Can You Claim in a Personal Injury?
The injuries and losses you suffer in a personal injury accident are legally referred to as damages. There are various types of damages in personal injury claims, but the damages in your case will be unique to you. The types of damages you may be able to claim in your case could include the following:
- Medical expenses, such as emergency room care, hospital stays, medications, testing, and assistive devices
- Rehabilitation and therapy
- Lost income, including tips and bonuses
- Reduced earning capacity if your injuries prevent you from returning to work.
- Repair or replacement of damaged property
- Reduced quality of life if your injuries prevent you from enjoying the activities you once did
- Permanent scarring or disability
- Pain and suffering
- Emotional distress/Post Traumatic Stress Disorder
If you lost a loved one, our personal injury lawyer can discuss the damages you may be able to claim.
Is Your Personal Injury Settlement Taxable?
In most instances, no, your settlement is not taxable. Your attorney will encourage you to seek advice from your CPA to verify you are in compliance with the IRS as the IRS Code changes from time to time on what is taxable..
Do You Need a Personal Injury Lawyer?
There is no law that says you must hire a personal injury attorney to manage your claim. You can build your case and file the claim on your own if you want. However, an accident attorney can manage your claim for you so that you can recover from your injuries without additional stress. They understand the claims process. They will know how to calculate the value of all your damages, have the resources to collect evidence, and can fight for the maximum compensation you deserve.
How Much Does a Personal Injury Lawyer Cost?
Most personal injury lawyers work on contingency. A contingency fee agreement allows the injured party to receive legal representation without paying any attorney’s fees up front. Instead, the personal injury lawyer only receives payment if the injured party wins a settlement or court award. Additionally, the lawyer’s payment is a preapproved portion of the settlement won. Such arrangements have the lawyer’s goals aligned with their client’s.
Do You Need to Go to Court?
Thankfully, most personal injury cases are resolved during negotiations with the insurance company. According to the U.S. Department of Justice, 4% of cases go to trial. Part of the reason so few cases go to trial is the cost. Sometimes it is in everyone’s best interests to resolve your claim without going to court.
However, your attorney will build your case and demand maximum compensation that reflects its true value. If the insurance company is unwilling to concede to the evidence presented and the compensation demanded, your lawyer will advise taking your case to court.
What is Negligence?
Negligence is the legal term for the failure to take reasonable precautions or care. It is often demonstrated in four elements:
- Duty of care: The defendant’s responsibility for the plaintiff’s safety
- Breach of duty: The defendant’s actions that endangered the plaintiff.
- Causation: The result of the defendant’s actions is the accident and the plaintiff’s injuries.
- Damages: The plaintiff now has physical injuries, financial losses, and possibly emotional trauma because of the defendant’s actions.
For example, you and the other driver are on the road (duty of care). The other driver ran a red light (breach of duty). They hit your car, and you suffered injuries (causation). You now have missed work and have medical debt (damages).
What Is the Difference Between Negligence and Liability?
Where negligence pertains to the party who caused the accident and injuries, the liable party is the one responsible for paying for your losses. In most cases, liability and negligence fall on the same party. For example, the driver who ran a red light and hit you is negligent and liable. However, there are instances when they are two separate parties, such as when the trucking company is liable for the actions of its drivers. This is known as vicarious liability.
How Long Do You Have to File a Personal Injury Claim?
Every accident has deadlines. Depending on your state, you have so many days to file a car accident report with the local police. You have so many days to report your accident to the insurance companies. However, there is one deadline that you should not miss: the statute of limitations.
Every state has a statute of limitation for every type of case, including personal injury. If you fail to file a personal injury lawsuit before the deadline expires, the courts will dismiss your case. Without the ability to file a lawsuit, you will lose the ability to effectively negotiate with the insurers.
The personal injury statute of limitations for Alabama and Georgia are respectively:
- AL Code § 6-2-38: Two years from the date of the accident
- O.C.G.A. § 9-3-33: Two years from the date of the accident
Depending on the type of case you are pursuing, other statutes and deadlines may apply. You may also have exceptions to these deadlines that could pause, or toll, them. Your personal injury lawyer can review your case and explain which statute of limitations and if any exceptions apply to your case.
How Long Will It Take to Resolve Your Accident Claim?
The time it takes to resolve your claim depends on several factors:
- The complexity of your case
- The severity of your injuries
- The willingness of all parties to settle
It could take months to several years to resolve your case.
What Should You Do After an Accident?
To protect your health and your claim, you should do the following:
See a Doctor
Immediately after an accident, you should see a doctor. Depending on the severity of your injuries, go to the emergency room. You need to see a doctor as soon as possible for several reasons. The most important reason is your health. They can diagnose your injuries, run tests to find any underlying or obscured injuries, and start you on a treatment program. The second reason is their reports create a link between your injuries and the accident.
Report the Incident
Any accident requires you to report the accidenti. In some instances, you will have to report the accident to the police. You may be required to report your injury to the administration at the facility where it occurred or to your immediate supervisor if you were injured on the job. And, you will have to report the accident to the insurance companies.
We advise that you avoid making statements to the insurance company before speaking with a lawyer first.
Document What You Can
Take photos and videos with your phone. Take notes on what you remember. Keep a journal of your recovery. Collect whatever information you can and then share it with your lawyer.
Call the Law Office of Dwayne L. Brown for Answers Regarding Your Personal Injury Case
The Law Office of Dwayne L. Brown is recognized as a Super Lawyer and a member of the Multi-Million Dollar Advocate forum, having won millions of dollars for their clients. With 30 years of managing personal injury cases, Attorney Dwayne Brown believes you come first in the legal process.
Get answers to your questions and find out how we can help you. Call today for a free case consultation.
