Filing a Personal Injury or Wrongful Death Claim
Personal injury attorneys work a wide variety of cases. In some instances, a worker is injured on the job due to lax safety standards or because they were asked to take unreasonable risks by their employers. People are also hurt in auto accidents, bus accidents, at commercial properties where a hazard was not addressed and in many other scenarios. No matter what the situation, if someone’s negligence led to your injury or to the loss of someone you love, there might be a legal remedy available to you.
Personal injury claims that involve automobile accidents are some of the most common. The roads are dangerous enough when everyone drives well but, because not everyone does manage to drive well, they’re even more dangerous than they need to be. When a negligent driver injures someone, there’s a chance that the injured party can receive compensation from a lawsuit. There are specialist attorneys who work in this field and who understand very well traffic laws and the responsibilities a driver has to the other people with whom they share the road.
A personal injury claim against an employer can be complex. Most often, they’re brought because the employer failed to live up to their obligations to provide a safe and healthy work environment. Of course, there are some jobs that are exceptionally dangerous, even with proper safety considerations. Commercial fishers, oil rig and refinery workers and truckers all have very dangerous jobs. Even when this is the case, however, there are legal obligations an employer has to their employees and there is a big difference between a job that is dangerous and a workplace where even setting foot on the job site is nearly suicidal. In the latter case, lawyers can sometimes help injured workers get compensated.
Filing a personal injury claim requires that you first sit down with a lawyer and discuss your circumstances. They may or may not believe that you have a case that will win. If you work with a lawyer on contingency, they’ll refuse to take a case they know will not win. This is because they only get paid if you get a jury award or a settlement. There’s no motivation for such an attorney to take a losing case and, therefore, it tends to create a significant amount of trust between the attorney and their client.
To file the claim, you’ll have to figure out how much the injury cost you and how much you want to claim in pain and suffering. This latter part is something an experienced attorney can help you with. It’s hard to put a price tag on pain and suffering, but attorneys will help you come up with a realistic number based on past cases. In some of these cases, the party being sued will come forward and offer to settle out of court so that they can avoid a trial. In others, you’ll have to go before a jury to have your case argued.