Personal injuries caused by a car accident are usually present on the body, but can also include mental and emotional injuries. Here are 9 frequently asked questions to help you understand some of the legal terms and procedures you may need if you are filing a personal injury lawsuit due to a traffic accident.
What does the term "reasonable person" mean?
A person has acted negligently if he has deviated from the conduct expected of a reasonably prudent person by acting in the same or similar circumstances.
This hypothetical character of the prudent and reasonable person is the standard of conduct by which other people are measured in injury and damage cases.
An example of this legal figure is the driver of a truck who did not properly tie heavy machinery to his truck, since other drivers transporting the same machinery properly tie it.
What does "duty" mean in a negligence claim?
When speaking of negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others who are in our environment.
This means doing something that a reasonably prudent person would do under the same circumstances.
For example, when we drive a car, we are required to drive safely for everyone else on the road and for pedestrians near us.
Do personal injury cases have a statute of limitations?
Yes. Each state has its own statute of limitations, which means that each has its own rules regarding the length of time you have to file a lawsuit after the accident or incident that caused the damage.
If you don't file your personal injury claim within the statute of limitations, you will lose your right to sue.
It is a good idea to contact an attorney in your area if you are unfamiliar with the statute of limitations in your state.
The specific time interval allowed to file a lawsuit varies not only from where you live, but can also vary depending on the type of personal injury claims.
How long do I have to file a personal injury claim?
The answer to this question depends on the state where it occurs.
If you do not file your personal injury claim under the terms of the statute of limitations, you will lose your right to sue.
I have heard that I can be called to "testify." What does that mean?
If you file a personal injury claim, the defendant's attorney will likely call you to “depose” or take your statement.
A deposition is the process in which the defendant's attorney asks you questions about the accident and your responses are recorded.
You swear to tell the truth before answering, usually a deposition takes place in a conference room.
Later, if you testify in court, your answers will be compared to your deposition testimony and the defendant will ask you questions about any inconsistencies.
Are medical bills included in the injury claim?
Medical bills can be included in the injury claim. They are considered part of the economic damages suffered as a result of the injury. Other economic damages are constituted by:
- the wages that are lost,
- working time,
- future expenses that will be necessary.
- There are also noneconomic damages that can be included in an injury claim.
They include, but are not limited to, pain and suffering, as well as disability and emotional distress.
Is there a minimum personal injury settlement amount?
The simple answer is no. There is no minimum or maximum amount, no one can tell you how much the total value of your specific damages is going to be. The settlement of injuries depends on many factors, including:
- the nature of the injuries,
- medical bills,
- lost wages and;
- whether or not you are willing to settle with the insurance company or if you decide to go to court.
Do all injury claims go to trial?
No, not all personal injury claims go to trial. Most are settled with the at-fault party's insurance company.
How do I know if I need a personal injury attorney?
If you have been injured and it was not your fault, and you want to recover the expenses that caused your injuries, you can file a valid injury and damage claim.
Although you can deal with and handle such a claim yourself, it is a good idea to seek legal assistance in the following situations:
- His injuries are serious.
- The insurance company is not cooperating with you.
- The insurance company is saying that it is at fault.
- The insurer claims that you do not need the medical treatments your doctor has recommended.
- You have difficulty of any kind with the person at fault or the insurance company.
- The person at fault for your injuries hired an attorney.
Talk to a Qualified Personal Injury Attorney Today
This article is intended to be helpful and informative, but legal matters can be complicated and stressful. A qualified personal injury attorney can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local personal injury attorney to discuss your unique legal situation.