Frequently Asked Question on Personal Injury
What is a Personal Injury?
A Personal Injury is
any physical or mental injury to a person as a result of someone's negligence or
harmful act. Sometimes personal injury may be referred to as bodily injury.
Personal injuries can occur in a wide variety of ways. The following are some of
the most common accidents resulting in personal injury:
- Auto accidents
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation Disasters
- Professional Malpractice
- Workers Compensation
- Wrongful Death
- Toxic Exposure
- Home Accidents
- Dog Bites
What financial compensation is can I get in a personal injury claim?
Personal Injury Victims are entitled to recover money damages for
all losses and expenses they incur as a result of an accident. The damages may
include the following.
- Medical bills,
- Lost Wages, including overtime,
- Pain & Suffering,
- Physical Disability,
- Disfigurement,
- Permanent Scars
- Emotional Trauma,
- Mental Anguish,
- Loss of Enjoyment,
- Loss of Love & Affection,
- Embarrassment,
- Mental Disability,
- Property Damage,
- All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).
How do I know if I have a Personal Injury claim?
To have
a personal injury case, you must be able to show that you have been injured.
This may be a physical injury or it may be an emotional injury. In addition, you
must be able to show that the someone else (the defendant) is at fault for your
injury under a negligence, strict liability or intentional misconduct theory. In
some cases, it may be necessary for you to show that the other party is more at
fault for the injury than you are.
What if the accident is partly my fault can I still have a claim?
Even if an accident of injury was partially your fault you still
may have a Claim based on the concept of Comparitive Negligence or Contributory
Negligence.
The term "contributory negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered. "Contributory negligence" can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor.
Some states have done away with the concept of contributory negligence altogether and instead use the concept of "comparative negligence The term "comparative negligence: means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused".
If you’re injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you’re guilty of contributory negligence. You may also be guilty of a form of contributory negligence if you voluntarily expose yourself to danger - by riding a roller coaster without wearing a seat belt, or working with a neighbor’s power saw or other dangerous tool if you’re inexperienced or fail to use a safety guard. This is called assumption of risk.
How do I know if I may need and attorney?
If you have been seriously injured or are unsure as to the
outcome of your injury, then an experienced personal injury attorney should
always be consulted before you give any statements or sign any papers of any
kind and as soon after your injury as possible.
In a serious injury case, you are better off hiring an attorney as soon as possible. Most firms offer a free consultation, with no obligation; therefore, you have nothing to lose by consulting an attorney before you accept the insurance company offer.
There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.
What is a Contingency Fee?
A contingency fee is a fee
that is used by lawyers in most personal injury cases. It is contingent when the
fee is conditioned upon your attorney's successfully resolution of your case. A
contingent fee is paid as a percentage of your monetary recovery. A contingent
fee is what is meant when you hear “there is no fee unless there we recovery”.
The client is generally responsible for the out-of-pocket costs of litigation.
Contingency fees are usually one third of what you win from the case.
If I have a personal injury claim do I have to go to court?
Most personal injury cases are settled out of court between
opposing lawyers or by the insurance company. If a case does go to trial you
most likely will have to appear so that your testimony can be heard.
How long do I have to make a claim for Personal Injuries?
Every state has certain time limits, called "statutes of
limitations," that govern the period during which you must file a personal
injury lawsuit. In some states, for example, you may have as little as one year
to file a lawsuit from an automobile accident. If you miss the statutory
deadline for filing a case, your case is thrown out of court.
What are the Statute of Limitations?
The statute of
limitations is a time frame in which you have to file a lawsuit. When the
statute of limitations expires on your case, you simply don't have a case
anymore. In Colorado, there is a two-year statute of limitations period for
general negligence claims. Claims arising from auto accidents have a three-year
statute of limitations, and those arising from medical negligence have a very
strict two-year period. If the injured party is a minor, the period does not
necessarily begin on the date of the injury. Likewise, if the injury is not
immediately apparent, the period may not begin to run until discovery of the
injury. Call the automobile accident lawyers at ZapilerFerris, LLP at
303-333-4488 or contact us online for more information on statute of limitations
and how they may affect your claim.
How long will it take to settle my claim?
The time it
takes to settle a personal injury case depends on the circumstances surrounding
the case. The more complex the case the longer it may take to settle. Many cases
can take anywhere from 3 to 18 months to settle depending on its complexity.
What is subrogation?
Subrogation is the insurance company's right
of recovery after it pays off on a claim, particularly if the insurance company
has already made payments on behalf of the injured for his or her care while the
claim was being settled (e.g., a claim being paid by the insurance carrier
against the injured party's MedPay coverage). It also refers to claims made by
hospital emergency rooms, ambulance companies, and other medical providers who
have provided services and are making a claim against the money you recover from
the at fault party as a result of your injury. Subrogation or the insurance
company's right of recovery can also occur from injuries resulting from other
personal injuries, as well, including products liability claims, medical
malpractice, boating accidents, skiing accidents, airplane crashes, dog bites or
animal attacks and other injuries sustained as a result of someone else's
negligence or intentional misconduct.
Call the automobile accident attorneys at ZapilerFerris, LLP at 303-333-4488 or contact us online. We have a wealth of experience not only with the prosecution and settlement of personal injury lawsuit claims, but also with negotiating with the insurance administrators or medical providers' billing offices after your claim is settled, in order to minimize the impact of the insurer's right of recovery on your final settlement. After all, you have invested your time and financial resources to prosecute the lawsuit, so you should reap the rewards of your efforts. We have a great deal of experience with these issues and will work to protect as much of your recovery as possible.