You Got In An Accident - Should You Hire A Personal Injury Attorney?
Written by Anthony Flores   
Wednesday, 02 June 2010 07:16
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?
by AnthonyFlores


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?

First of all, to win a personal injury case against someone, you have to be able to prove both 1) that the other person was liable for their actions & 2) you have suffered damages from their actions & your injuries. You need to get some advice from a professional attorney if you feel that this is the case. But how do you find one? There are two great places to start. First go to Google and do some searches for Personal Injury Attorneys in your city. This will give you dozens of qualified lawyers to help you with your case. Second, you can go to lawyers.com. This is a great site that allows you to find attorneys in your specific city, and looking for the area you want. Plus you can do your research on them right away and check on their credentials from their website. See if they are advertising that they have won any money for their clients in the past. This should give you a great starting point to go from.

Automobile accidents are the area that most personal injury actions happen. You need to prove the other person was negligent in the accident. If you are in a fault state, you need to prove negligence by showing that the other driver failed to exercise reasonable care. All drivers have a responsibility to exercise reasonable care when they drive on the roads. When the other driver breaches that responsibility and you are injured, then personal injury law states you can file suit for your losses. However the system is different in states that have passed no-fault laws.

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.

Another basis for injury claims are Intentional Wrongs. You don't see those cases filed as much, but it is still valid. Lets say someone hits you in the face, even if they are joking around, you could possibly win a suit for battery. Or you are shopping in a store, and the security guards think you have stole something and detain you wrongfully. You could be able to win a lawsuit for wrongful imprisonment. These are civil claims, and they could also face criminal charges, but personal injury claims fall under the civil category.

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.

About the Author:

Personal Injury 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.