A personal injury claim is a type of lawsuit that arises when someone has sustained an injury as the result of the negligence or carelessness of another person or company. These types of circumstances are wide-ranging and include construction site accidents, accidents at the work place, automobile accidents and slip and fall accidents, to name a few. The best way to determine whether an injury claim exists is to contact a lawyer to discuss the circumstances that caused your injury.
Personal Injury FAQs
The law requires us to act with “reasonable care” which can vary depending on the details of each individual situation. When someone fails to act with the reasonable care required, that party may be considered negligent. Your attorney will be required to prove that another person or entity was negligent and that such actions resulted in your injuries in order to recover monetary damages on your injury claim.
All initial legal consultations with the attorneys at The Dolce Firm are free and, in most circumstances, you will not be charged any fees unless you recover money from the negligent party in your case. Our fee is the industry standard fee of one-third of the amount recovered.
In most situations you will not have to pay any up-front cost in connection with the litigation of your claim. Costs associated with litigating your injury claim may include court filing fees, document requests, deposition expenses and expert consultations and testimony among other things. Any cost incurred throughout the course of the case will be deducted from the amount of the settlement of your case after the firm’s one-third contingency fee is deducted from the recovery. If we are unable to recover any money for you, you are not responsible to pay our expenses.
The best way to determine if you have a viable injury claim is by discussing the circumstances that led to your injury with an attorney. Generally you will need to be able to prove that you suffered an injury, that your injury resulted in damages such as medical expenses, lost wages or pain and suffering and that the injury occurred because another person or corporation was acting negligently. Your attorney will also need to determine whether the negligent party has insurance coverage or assets available to compensate your for the damages you suffered.
Your physical well being is the top priority after being involved in any type of accident. If you are involved in an accident, you should seek medical attention immediately and report all of your physical symptoms to your medical provider. If possible you should also make efforts to gather any information that could assist you in establishing your claim. Gather names and contact information for anyone that may have witnessed the accident and file a police accident report. You should also contact a lawyer a soon as possible, as there are certain types of claims that require paperwork to be filed within a limited amount of time. Your lawyer will be able to provide you advice about how to proceed.
The role of the insurance adjuster is to pay you as little money as possible in order to settle your claim quickly. Typically, when you are seriously injured, an insurance company will want you to settle your claim before you have had the opportunity to consult with your physicians and attorney. An attorney can negotiate with an insurance company on your behalf to ensure that your needs and interests are fully protected.
You should contact an attorney as soon as possible after your accident. You can call the attorneys of The Dolce Firm at 716-852-1888 or use our contact page today. Every claim has a statute of limitations, or a defined time period in which you must bring forward your claim. The failure to bring your claim within the set time period will result in your claim being barred forever. In addition there are particular types of claims, such as automobile accidents or claims brought against municipalities, that require certain paperwork to be filed within a short period of time following the accident. Legal advice and guidance can be most critical at the early stages of your injury. Your attorney may be able to give you guidance that may help you avoid complicating your injury case down the road.
Your attorney will not be able to give you a definite monetary value of your injury claim up front, but will be able to give you a good sense of the strengths and weaknesses of your case based on a variety of factors. Some of the core factors that figure into the value of your injury claim include: extent of your injuries, any disability that you suffer as a result of the injuries, the amount of medical expenditures incurred, lost wages suffered and past and future pain and suffering. After considering those core factors the potential value of a case will vary significantly based on a number of other factors, such as the amount of insurance coverage available. Your attorney will be able to discuss with you how all of these factors weigh into your situation.
Your attorney will first attempt to negotiate a fair settlement of your claim directly with the insurance company. If those negotiations are unsuccessful we will file a formal lawsuit in court against the negligent party. The beginning of the lawsuit involves the parties exchanging paper work. The parties are then called for depositions where they give testimony about the accident under oath. Also during this time you may be examined by a physician selected by the insurance company. This process after the lawsuit is filed is referred to as “discovery” and most cases settle in the course of the discovery period. If the parties cannot reach a fair settlement agreement, the case will then proceed to trial.