Personal injury law focuses on the injuries caused to individual people and covers situations in which a person’s body, mind, or emotions are hurt, usually due to someone else’s negligence or carelessness. Although property damage may be involved in some cases, such as when a car is damaged from a car accident, as well as injuring its passengers, personal injury law addresses the injured individuals first, and then assesses the damaged property second. Typically, a personal injury case begins when the injured person, referred to as the plaintiff, sues a person or business, referred to as the defendant. The plaintiff claims the defendant caused the plaintiff’s injury and demands compensation, usually in the form of money payment known as damages.
Because each case is different and has its own unique set of facts, it is important to consult with an attorney to assess your case. The determination of damages is based on a variety of factors, including the extent of your injuries, how much each party is liable, and whether the injury resulted from an accident as opposed to a violation of law.
Most personal injury cases do not go to trial. Rather, they are resolved in mediation or arbitration, where the plaintiff and defendant work out the issue and decide on a settlement, or the amount the defendant will pay to help compensate the plaintiff for his or her injuries. If your case happens to go to trial, they will be heard by a jury or a judge sitting alone, who will decide whether and how much each party is liable.
Typically, cases that end up in settlement are more quickly resolved than those that end up going to trial. Depending on a variety of factors, you and your attorney should discuss the pros and cons of settling your case or going to trial. It is important to note that in some states, the statute of limitation on personal injury cases only gives plaintiffs a few months or years in which to sue after they discover an injury. If the plaintiff waits too long, their case may be dismissed.
There are several different types of personal injury claims, with negligence being the most common. Negligence occurs when the defendant fails to meet their duty of care and the plaintiff is injured as a result. Some common examples are when a supermarket fails to mop up a spill they were aware of and someone is injured as a result, or when someone accidentally runs a red light and hits a pedestrian.
Generally, attorneys will handle your case with no upfront cost to you. Instead, once a case is successfully settled or won, the attorney will take a percentage of the settlement as their fees.
Deborah: “I love Steve and his team. I had previously settled my case by Stipulation leaving my medical treatment open for the duration of my life, all with my prior attorney. After the settlement, my Attorney became unresponsive. I continued to be in need of further medical treatment. They did NOT respond to phone calls or emails. Steve took over my case and has been very attentive to my ongoing medical treatment as well as any concerns that I have. I highly recommend Injured Workers Law Group to anyone in need of any attorney.”
Regina: “Once Steve took over my case, everything went smoothly. My previous attorney did not return my phone calls, respond to emails and kept me in the dark about the case process. Steve addressed all of my concerns, explained the life of the case thoroughly and was very responsive via phone and email. Steve took my case to Trial and we were able to complete it on the first day. The judge ruled in our favor and found that my injury was as a result of work. Within a few months, Steve was able to settle my case for an amount that left me very satisfied. I have recommended and will continue to recommend Steve’s services to anyone looking for a great workers’ comp attorney.”
Tanya: “Steve took over my case before Trial. My previous attorney was pushing me to take a $10,000 settlement offer that was essentially a slap in the face and that I did NOT want. My previous attorney kept telling me that I would lose. Steve proved to be very knowledgeable and professional. He reviewed my medical reports thoroughly and advised that I proceed to Trial. He explained to me exactly what was required from a legal standpoint and in great detail. He took over the case and was able to complete the Trial on the first day. We won the Trial and I was awarded permanent disability, temporary disability and future medical care for the rest of my life. The value of the permanent disability award alone was over $50,000. I walked away extremely happy. Thanks Steve."
Lee: “Steve and his team at IWLG provided me with invaluable guidance and counsel throughout my case. I chose Steve after interviewing 5+ W.C. lawyers, the determining factor was how aggressive his action plan was in seeking financial retribution for my injuries. Steve presented options and avenues of recourse and a willingness to litigate that the other lawyers lacked, in other words he was willing to go to bat for his clients. Steve and his team were also incredibly patient and responsive in answering all of my questions. He would take the time to thoroughly explain the process of filing a W.C. lawsuit and what that would entail. He guided me through the myriad of paperwork, QME exams, Dr. Consultations and prepped me for my deposition with a calm, steady hand. I'm happy to report that we were able to hold my company accountable for my injures and settled for an amount that made me financially solvent again. I highly recommend his services."