Any injury to the human body is personal injury. Personal injury in a legal sense may involve injuries from automobile accidents, truck wrecks, airplane crashes, electrical burns, explosions, job-related injuries, product failures, train wrecks and hundreds of other ways people are injured daily through the negligence or carelessness of their fellow man. Personal injuries from accidents are due to be compensated in money damages which may include any damages for pain and suffering, lost wages, disfigurement, disability, paralysis, amputation and death. Damages are based on the severity of the injury and in some states, punitive damages may be allowable where the conduct of the person causing the injury is willful, intentional or reckless. Punitive damages serve two purposes: (1) punish the wrong-doers and (2) teach others not to commit similar wrongs called exemplary damages.
Under American law, the basic rule is that for every wrong committed, there is a remedy. This is also true in cases of personal injury and wrongful death. In other words, if a person is injured, he is due to be compensated in money damages based on the seriousness of the injury.
DO I HAVE A CASE? You have a case if you are injured by the actions of another person whether operating an automobile, tractor-trailer, truck, train, airplane, lawnmower, motorcycle, heavy equipment or any other device, if the operator was careless. Carelessness is another word for negligence. Negligence is failing to do what a reasonable person would do under the circumstances. For example, a reasonable person would stop for a red light but if a person did not stop and caused injuries, he would be negligent and would be obligated to pay for damages for personal injury caused to another for pain and suffering, disfigurement, permanent disability, amputation, paralysis or death, etc.
DO I NEED A LAWYER? If you are injured, chances are an attorney will get you more damages for your injury than you can get without an attorney. All lawyers are not the same and just because a lawyer has graduated from law school does not qualify them to handle all cases. For example, you would not want a lawyer who prepares deeds, wills and trusts, divorce matters to handle your personal injury case against a large company.
HOW TO CHOOSE A LAWYER? Just because a lawyer graduates from law school and passes the Bar exam and holds himself out to be a personal injury lawyer does not necessarily make that person the best choice. How does one choose the best possible attorney for his particular injury? There are several things which one may consider: 1. How long has the attorney or firm been in practice? 2. Has the attorney handled other cases similar to yours? 3. Has the attorney been highly successful in maximizing the recovery on his client's behalf?4. Since litigation is expensive, does the attorney have the monetary resources to employ the best trial experts to ensure the claimant receives the maximum possible success? 5. Does the attorney have the respect from the Defense Lawyer's Bar as well as the Judges before whom your case will be tried?6. Does the attorney have the untiring will, dedication and work ethic to meet and overcome all defenses which might preclude recovery? 7. Is the attorney willing to take your case on a contingency fee basis - that is to say, the attorney will not charge a fee unless a recovery is made? 8. Has the attorney recovered One Million Dollars or more for his personal injury clients?
HOW MUCH DO LAWYERS CHARGE? Personal injury victims should not be expected to pay a lawyer unless a recovery is made. The term for such an agreement is called a "Contingency Fee Contract" whereby the lawyer would charge a percentage of the recovery. The percent of the contingency is not fixed. It can be negotiated and is dependant upon the difficulty of the case and chance of recovery.