Personal injury” describes a type of tort lawsuit that is pursued after an individual suffers a physical or psychological injury due to the negligence of another.
The most common type of personal injury claims alleges that a defendant’s negligence was the cause of the plaintiff’s injury. These injuries are often caused by accidents at work, accidents in the home, traffic accidents, assault claims, and product liability claims
Personal injury torts can also be pursued after dental and/or medical accidents, as well as in industrial disease cases such as mesothelioma, asbestosis, and other chest diseases. Occupational stress that is caused by being exposed to harmful substances or situations in the workplace can also be the basis for a personal injury tort lawsuit.
Additionally, there are defamation torts that also are considered to be personal injuries.
When a person suffers from a personal injury, he or she often hires an attorney to represent them. Most personal injury lawyers work on a contingency basis, meaning they will not get paid unless they win the case.
Contingency fees usually range from between one-third to one-half the amount of the settlement in a case. Although that can be a very substantial amount of money, a plaintiff may prefer to pay a fee if having experienced legal representation substantially increases their chances of winning the case.
A skilled and successful personal injury attorney brings a depth of knowledge and a multitude of skills to the case that he or she developed through years of experience. An experienced personal injury attorney has most likely represented hundreds, if not thousands of plaintiffs and knows “the drill” inside and out.
Personal injury attorneys have experience in gathering the needed evidence and negotiating with the defendant’s insurance companies. They will give you the proper advice as to how your case should proceed.
A personal injury lawyer will also share his or her beliefs about how much your injuries are worth and what to expect as compensation for them. If you want the negotiations with the insurance company to be successful, this information and knowledge is critical.
In addition, personal injury lawyers will often do all the needed paperwork to prepare your case. They will get medical records, your doctor’s narratives and notes, police reports, witness testimonies, and other relevant documents.
With all that is involved in filing a personal injury lawsuit, most people believe that they will receive the biggest personal injury compensation if they hire an experienced attorney to represent them.