10 FAQs About Personal Injury Law  

If you or a loved one have recently been injured, questions and concerns will definitely arise regarding how your situation will be dealt with legally. There are many laws regarding personal injury and many scenarios a claim could result in. Perhaps you were in a car accident, or you slipped and injured yourself while out shopping. Maybe you were simply going for a walk when a neighbor’s dog bit you. As unique as your situation may be, you can rest assured that precedence has already been established. 

To help you better understand how personal injury law works, we put together some of the most frequently asked questions along with the answers you’re looking for. 

Who can be held liable for my injuries? 

The individual or party that acted negligently and was the cause of your injuries may be held responsible. Every case is different, so the individual held liable depends on the exact cause of your personal injury. For example, in a car accident, the other driver may be held responsible. In a case of medical malpractice, an entire surgical team may be held accountable. 

What is mediation?

Mediation refers to a meeting regarding settlement that is held prior to trial. Both sides, along with their lawyers, appear before a mediator. The mediator’s role is to listen to both sides of the argument and attempt to resolve the conflict between the defendant and the plaintiff. If this meeting is not successful, the case will proceed to trial. 

How long can I wait to file a personal injury claim?

According to the state laws and statute of limitations in Arizona, a personal injury claim can be made two years from the day of the accident. Although, it is highly recommended to file a claim as soon as possible. If you are unaware of the process, you can team up with a personal injury lawyer and they will get you on the right track to filing your personal injury claim. 

How can negligence affect my personal injury case?

Negligence must be proven in order for a personal injury claim to be successful. Negligence must prove the idea that a person or party failed to act responsibly under the same circumstances, thus causing the injury. 

Is filing a lawsuit always necessary in personal injury cases?

Filing a lawsuit is not necessary, but it is highly recommended to get the settlement you are aiming for. Many claims are settled without filing a lawsuit. To best decide, you should consult an attorney to help determine what your legal rights are and if you are entitled to file a personal injury lawsuit to pursue the full amount of compensation you deserve. 

How long will it take for my case to be resolved?

The answer depends considering each case is different and necessitates a different time period to resolve. Depending on the circumstances of your personal injury case including where it happened, the details involved, it could take anywhere from a couple of months to a couple of years. Most cases can be resolved in a matter of a couple of months. 

What should I do if an insurance company approaches me to settle the claim? 

Should an insurance company come into contact with you, it is important that you do not sign anything you do not understand or that you do not agree to a settlement that you are not comfortable with. Insurance companies will often attempt to settle claims as quickly as possible, with their best interests in mind, not yours. Before agreeing to speak to anyone, it is important that you let your lawyer know.  

What will I have to do if I lose my case? 

If you do not receive the outcome you are hoping for during your case, you will not be responsible for any incurred expenses. You will only be responsible for a percentage of costs if an attorney helps you win the case and receive an adequate recovery for you. 

Can I still file a case even if I do not feel hurt?

You may still file a personal injury claim even if you did not feel hurt at the scene. In some traumatic situations, accidents can send a rush of adrenaline through the body, temporarily reducing sensations of pain. You could possibly feel significant pain or development symptoms as time proceeds. 

What kinds of damages can be addressed in a personal injury case? 

The main type of damages is known as compensatory damages, which are further split into economic damages and non-economic damages. Economic damages refer to tangible costs and losses such as medical bills, lost income, property damage, and future treatments. Non-economic damages cover pain and suffering, mental anguish, a loss of enjoyment in one’s life, and so on. Punitive damages can come into play but are rarely awarded.

Get Started on Your Case with the Professionals at Smith, Alston, Darner, & Lee

Should you have any other questions about the practice of personal injury law, we’re here to help! Our team will provide you with all the information you could ever need. Don’t hesitate to contact us at our law firm and we can even start planning your case.