What is the first thing you do if you’re hurt in a car accident? Who do you call? You’re spouse, or a lawyer? Lots of attorneys advertise that they can get you big dollars in settlements, but what kind of service will you get? Since most of us don’t live next door to a personal injury attorney, who do you call? How do you know if you have a case or not?
Injury cases fall under tort law, and in every type of tort claim, you need to prove two essential points. First, was there liability on the other partys part, and second do you have any damages? If you feel that either of these is the case, you should get legal advice before signing anything. If you don’t know an injury attorney personally, look on the internet for a local one. You can check on their credentials at Martindale Hubbell, and see if they are peer-review rated or not. This will give you some good references to start with before even talking to a single lawyer. But remember, in your case, you have to prove the liability & damages in court.
Most types of personal injury cases that are filed fall under the automobile accident category. That is the most common type of claim. But if you are in a fault state, to win an injury case against the other person, you need to establish that the other person was negligent in the accident. The standard to prove is whether the other party failed to exercise reasonable care or not. Whether you know this or not, all drivers have a duty to exercise reasonable care when they get behind the wheel of a car. If the other driver did not exercise reasonable care & breached that responsibility, then the law states that you can sue for your loss. In states where they have passed no-fault laws, the standard is different, so make sure you consult with an attorney who is in your area.
Negligence isn’t the only basis for personal injury claims. Strict Liability is important & a growing area of tort law. It means that if a product is defective, the designer or manufacturer is strictly liable for any injuries caused by that product. You don’t have to prove negligence here, but you do need to prove the products design or manufacturing process made the product dangerous when used the way it is supposed to.
If someone hits you in the face or body, you could also file a personal injury case against them but under the basis of Intentional Wrongs. These types of cases aren’t filed as much, but it can happen. Or if you are accused of shoplifting from a store, and the store security wrongfully detains you for a period, you can file a wrongful imprisonment suit against them. They could also have criminal charges filed against them, but the state would have to file them on your behalf, rather than you filing a criminal complaint against them.
Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident were you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits don’t make it to court, and are settled before that happens.
One thing to ask your attorney is what is the statute of limitations for this type of case? Your attorney will be able to let you know how long you have before it is too late to file a case in court. It can be as little as one year for an auto accident. Each state has different laws so be certain to find out so your case doesn’t get thrown out of court.
Personal Injury attorney Las Vegas is a highly searched phrase, and the author, Anthony Flores, helps firms be found when searching for it. So when people are searching for a Las Vegas Personal Injury Lawyer, your firm shows up.