You Got In An Accident – Should You Hire A Personal Injury Attorney?
You’re hurt in an accident, who should you call? Can you really get big money from your injuries, or is that just a dream? We all know that it isn’t as simple as that, but we all need to know what our rights are, or what the law is. How do you figure out who to call to see if you have a case or not?
Every type of tort claim, whether it is a Las Vegas Personal Injury claim or in another jurisdiction, has two basic issues ” Was there liability & are there damages? If you were hurt in an accident, you should get legal advice before signing any documents. In this example, a competent Injury Lawyer will be able to take in all the facts of your case, and based on their expertise in this area will be able to advise you. Based on other cases they have tried in the past, they will be able to let you know whether the other party is liable for your injuries, and also whether you can prove it in court.
Most types of personal injury cases that are filed fall under the automobile accident category. That is the most common type of claim. But if you are in a fault state, to win an injury case against the other person, you need to establish that the other person was negligent in the accident. The standard to prove is whether the other party failed to exercise reasonable care or not. Whether you know this or not, all drivers have a duty to exercise reasonable care when they get behind the wheel of a car. If the other driver did not exercise reasonable care & breached that responsibility, then the law states that you can sue for your loss. In states where they have passed no-fault laws, the standard is different, so make sure you consult with an attorney who is in your area.
Strict Liability is another basis for a personal injury claim. It is a growing area of tort law and is gaining importance. If a product is defective and you are injured by that product, you can sue the manufacturer or designer as they are strictly liable for any damages or loss caused by their product. Negligence is a different basis, but you do need to prove that the design of the product or its manufacturing process caused it to be dangerous when used normally.
If someone hits you in the face or body, you could also file a personal injury case against them but under the basis of Intentional Wrongs. These types of cases aren’t filed as much, but it can happen. Or if you are accused of shoplifting from a store, and the store security wrongfully detains you for a period, you can file a wrongful imprisonment suit against them. They could also have criminal charges filed against them, but the state would have to file them on your behalf, rather than you filing a criminal complaint against them.
The second element you need to prove is damages. What type of injury did you suffer, and from what kind of accident? How have you suffered? Did you have a lot of medical bills, did you lose out on money from lost time at work? Can you still work? What is the extent of your damages? All of these things factor into whether you have suffered any damages. You need to prove you suffered damages in court, and just because you are injured, it doesn’t mean you are entitled to a guaranteed amount of money. A good attorney will prepare your case for court, even though most of these cases have monetary settlements before actually going to trial.
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.
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.
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