Personal Injury Claims and Legal Representation

Personal injury refers to an injury that is inflicted upon a victim because of another person or institution’s negligence. The injury can be psychological, emotional, or physical. Slips and trips, automobile accidents, and medical malpractice are some of the most common forms of personal injury in the United States. If an individual has been injured through the negligence of another, they can file a personal injury claim.

Personal injury laws were drafted to protect the rights of victims, helping them regain monetary losses due to expensive medical bills as a result of the injury. Even if the injuries were minor or temporary, a claim can still yield a significant financial restitution. However, if the injury was caused by extreme negligence, the claim may also award the victim punitive damages.

An individual (or plaintiff) should seek legal representation as soon as they decide to file a personal injury claim. Most personal injury lawyers work on contingency. Contingency entails that a lawyer receives a certain percentage of the settlement fee should the claim prove successful. The contingency is usually between 25 to 30 percent of the total settlement. However, if the plaintiff is awarded nothing, then the representing lawyer gets nothing as well.

Over the past few years, there has been a growing trend towards settling claims with insurance companies using mediation rather than litigation. Taking claims through the traditional process of trial and hearings is both time consuming, since cases can drag on for months or years, and costs a great deal of money. Mediation with the assistance of a personal injury lawyer Bay Area law firms may have can be a faster way to process a claim for both insurance companies and the plaintiff.

Plaintiffs need to file claims within the acceptable timeframe. States have varying statute of limitations which refers to the allowable period a plaintiff can file a claim. For example, plaintiffs only have 120 days to file a claim against city officials but plaintiffs wishing to file for worker’s compensation have a period of between 2 to 12 years. The plaintiff’s personal injury lawyer Bay Area law firms may have should be there to assist in every step of the way.

Every personal injury claim is different and the circumstances as well as the various state laws help determine the settlement fee. As long as plaintiffs use the expertise of a committed personal injury lawyer Bay Area law firms may employ, they can be guaranteed of a great outcome in court settlement.