If you've been hurt and think someone else is at fault, you need to ask yourself a few basic question to help you know if you should go to court. The first question to ask yourself is: did anyone act negligently or fail to adequate provide care so that you would not get hurt? Next, how bad is your injury: is it a temporary condition or a permanent condition? Did you spend a lot of money on medical bills related to this injury, and did you lose time from work because of the injury? Then, you need to consider is where you were when the injury happened? This is vital as the location helps determine ultimately who bears the responsibility for your injury, be it at work, in a store, or in a public location.
Injuries occurring while you are at work may make you eligible for workers' compensation benefits. If your injury occurred in a store or on a public street, one of the defendants in the lawsuit could be the local government. Fourth, when did the injury occur? If it happened a while ago, you might not be able to file a claim due to the statues of limitations having run out, so you need to research this.
Is it necessary to retain an attorney for personal injury lawsuits? Not necessarily, but it is recommended. If your injuries are not terribly serious, it is possible to do some early legwork yourself. It may be useful to send a certified letter to the entity you hold responsible for your injury to see whether they are willing to file a claim with their liability insurer. You want to let them know that you have been injured, tell them what you injured, and request that their insurance company call you. An adjuster, who works for the insurance company - not you, will try to settle without involving lawyers.
Make sure that you meet with a lawyer if you have any questions about the settlement before you finalize it. If you have suffered an egregious injury, then you should not deal with it on your own. You should contact a lawyer as soon as you are able. Usually, the insurance organization that holds the liability policy is going to investigate right away, however if you hire an attorney your rights will be better represented and any proof of your claim will be adequately protected.
How much will I have to pay for this personal injury lawsuit? In most cases, you will not be required to pay anything upfront because of a contractual agreement known as a contingency fee. So, the attorneys will get their fees from the amount of money you are awarded once the case is over. Usually this amount is around 30%, but it can vary from jurisdiction. If you do not receive damages, the attorney will charge no fee.
When you meet your lawyer for the first time, your first meeting will not cost you a dime. He or she will talk with you about your case and whether or not they think it's a winner. Then more than likely, you will be asked to sign a contract. While the initial consultation is usually free and the attorney will be paid for his time and services upon the final award of the case, it is common for the fee agreement to require the client to pay for expenses such as court filing fees, expert witness testimony, and various other costs. But, the person ultimately responsible for such costs also may vary, based on the attorney and the facts of the claim. Certain attorneys could stipulate that new clients provide payment for these charges before taking the case. Should you become dissatisfied with the attorney, you have the right to cease the relationship whenever you like. However, if you fire the lawyer you should be aware that this enables them to charge you for the hours they have worked on your case.
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