What to do when you Suffer a Personal Injury?
When you are a victim of an accident or any kind of mishap, you may face physical injuries or even mental agony. If these are due to the acts of another individual/organization, then you can file a personal injury lawsuit.
However, not all injuries qualify as personal injuries that can be compensated. Besides, there is a time limit within which you must file the case. Also, you must know the amount you can claim against the defendant.
Many a time personal injury lawsuits are settled outside the courtroom by mutual agreement on a particular amount as compensation.
For a layman, it is extremely difficult to assess all these aspects of the case. This is where a personal injury lawyer steps in!
A personal injury lawyer will assess the extent of damage and decide whether you should appeal for compensation or not. He will collect all the information and evidence to back your representation in the case.
Often the victim of a personal injury case needs to deal with insurance companies. A personal injury lawyer understands all the terms and conditions of insurance companies and represents your best interests.
If you were to suffer a personal injury, what will you do?
A physical injury can be a harrowing experience. When you are suffering physical pain and emotional trauma, the thought of consulting a personal injury lawyer will not be a predominant one in your mind.
The first thing to do when you suffer a personal injury is to seek medical attention. Call emergency services at 911.
You also need to inform the police to lodge an official complaint.
You or your people around you can take pictures of the spot of the accident. For instance, if the injury is caused due to a car accident, you/co-passengers can take pictures of the vehicle that caused the accident, make a note of the registration details of the vehicle that caused the accident.
It is recommended that you engage a personal injury lawyer as fast as possible. This is because he is an expert in the field who can collect all the evidence and other data required to substantiate your claim. Engaging a lawyer also reduces your stress and makes it easier for you to recoup. When you hire a personal injury lawyer, he will do all the legwork while you can rest and recover from your injury.
The lawyer will ask you questions and collect all the relevant data and sue the defendant(the person responsible for the injury).
If possible, the case will be settled outside the court and you will receive the required compensation. However, in case both parties do not agree to the terms of the settlement, a court case is required. In the court, both the attorneys will present their case in front of the Judge and the jury. And, then the case will be settled.
For the best personal injury lawyers to represent your case, connect with Johnson & Autrey Law Firm! Our experienced team of lawyers will ensure that you get the best compensation you deserve!
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Get the Most Out of Your Personal Injury Law Suit!
Do you want to get the compensation you deserve from your personal injury lawsuit? We guess that you probably do. How do you do this? This article will help you make sure you are getting the most from your claim.
All personal injury law cases are different. While there may be quite a few similarities, the laws regarding these cases vary depending on the state you live in. You should make yourself aware of how your particular personal injury claim can be defined, and what kinds of compensation you’re entitled to.
Defining Your Type of Claim
By Torts
Three types of torts are generally taken into consideration when defining personal injury law cases.
Intentional Torts
The name explains what kind of activity falls under intentional tort law- acts that are committed intentionally. If someone has wronged you, while knowing full well the consequences of their actions, then you could claim an intentional tort against them. Assaults, physical abuse, mental abuse, and bullying of various kinds are all acts that you can claim an intentional tort against.
Negligence Tort
Most personal injury law claims are filed under negligence law. Negligence means that someone has neglected to act in a reasonable and/or responsible manner. For example, if your landlord is aware of a pipe that has burst in your apartment, but has not called in the plumber to get it fixed, then he has been negligent in his duties to maintain your house. The claim you have will likely fall under negligence tort law.
Strict Liability Tort
If you are faced with a situation where you have been harmed by someone else, your claim may fall under strict liability tort. The person who has harmed you is usually considered guilty because you have been personally injured by their action(s). Claims of not being aware of the consequences do not hold up in court in these types of cases.
Professional Malpractice
You can also be a victim of a personal injury case through professional malpractice. In this case, your claim would be defined as a malpractice suit. For example, if a medical practitioner fails to give you adequate health care, then you file a malpractice suit against them.
Product Liabilities
If you are sold a defective product then you can claim personal injury under product liability. This means that you will be fairly compensated for being sold faulty goods. Often, however, you would not reach the stage of filing this claim as brands would try to compensate you themselves to hold a good public relation standing.
Transportation Law
Sometimes your personal injury may result from a form of transportation such as automobiles, trains, aircraft, etc. This type of personal injury is typically defined using transportation laws.
If you are unsure about how to define your particular case- don’t panic! That’s what personal injury lawyers are here for. As experts, they will help you define your case, and they will make sure that you get the compensation you deserve.
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Looking to Hire a Personal Injury Lawyer? Have You Considered These Things?
If you have been in a situation where you have faced personal injury, like for example, an accident, you may want to consider hiring a personal injury lawyer. They can help by representing you in a court of law, and securing some kind of compensation for the injuries that you have faced. But before you go into that, you have to choose a lawyer to hire.
Here are some things you should consider when you hire a personal injury lawyer:
Do you have a case that can be tried under personal injury law?
Lawyers can be quite costly, even for just a consultation. You may want to look over your case and talk to friends and family to examine the circumstances before you choose to consult with a lawyer. For example, if a bicyclist hits you on a busy street while you are walking and you only sustain a very minor bruise, then your case is probably not strong enough to hold up in court. But, if someone hits you with a car leading to several broken bones, then you may have a case. If you have looked through your situation and still feel that you need a lawyer, then visit an office that practices this type of law.
Does the lawyer you want to hire have adequate qualifications and experience?
Not all lawyers have the same amount of experience or qualifications. It’s a good idea to look at how many cases a personal injury lawyer has dealt with, and what kinds of cases these are. Remember that there are different kinds of laws that will apply to you based on your situation, which means that you should look for a lawyer who has represented similar interests before. Someone who has been practicing personal injury law for a long time is a good candidate to hire. Referrals are a great way to find a good lawyer; ask your friends and family if they know of any personal injury lawyers that you can look at.
Does the lawyer you want to hire have a good success rate?
Now the lawyer you want to hire may have lots of experience and may have fought many cases in court. But how much does that experience count for if they have lost all their cases, or have only won a very small number? It would be a wise decision to hire someone who has won most of the cases they have handled.
Do you have the budget to hire your lawyer?
Probably one of the most crucial things is whether you have the budget to hire your lawyer. Top-notch lawyers are the most expensive, but your case may not be big enough to need their services. Personal injury lawyer services can be expensive, but a bit of research can help you find a lawyer with enough experience to take on your case and who is also affordable.
To put the process of hiring a personal injury lawyer very simply, it requires- asking for references, reading reviews, doing a bit of research- and you will be able to find a lawyer who is the perfect fit for your case!
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What Types of Evidence Required for a Personal Injury Case
A personal injury case is a legal dispute that arises when you suffer a loss or get hurt owing to the negligence of another person. Generally, serious matters involve huge compensations but even with minor injuries, you can seek settlement for medical expenses and lost wages. A personal injury lawyer can help you in this respect by filing a lawsuit against the defaulter. But how does he begin with the process? Well, gathering evidence is the crucial step for the same.
What Kinds of Evidence are Required for a Personal Injury Case?
Physical Evidence
Evidence that can be seen visually seen or observed by the jury is known as physical evidence. The most common examples of physical evidence are property damage and physical injuries. Clicking pictures of the accident is the best way to present the evidence before the courtroom. Physical evidence forms an important part of the legal proceedings, thereby should be presented as early as possible.
Non-physical Evidence
When factual information or testimony is presented to the jury, it refers to non-physical evidence. Most of the time, it becomes difficult to present physical evidence, that is why non-physical evidence is common these days. Be it medical bills, police reports, depositions, or medical reports, non-physical evidence can be presented in any of the forms. The testimonies are presented by the witnesses (both normal and expert). The injury attorney retains expert witnesses to express their opinion regarding the case. Normal witnesses tend to confirm what happened at the scene of the incident.
What is the Way for Collecting Evidence for a Personal injury Case?
The victim needs to provide maximum information and evidence to the chosen injury attorney regarding the case. The best way to gather evidence is by clicking pictures at the scene of the incident. Providing police reports and medical bills can also prove to be beneficial as evidence for the case.
Hire an Experienced Personal Injury Attorney
Seeking the help of an experienced personal injury attorney is the best option if you want to escape the stress involved in a serious case. He will discuss your legal rights and will strive hard to attain justice for you. An experienced attorney will help you gain complete compensation for your case. If you are involved in an accident case, a personal injury attorney will help you make the best possible settlement. He will delve deeper into the facts to present the truth before the court. If you want to hire the services of a personal injury attorney in North Dakota then end your search right away because Johnson & Autrey Law Firm got you covered. We have a pool of experienced and knowledgeable lawyers who will gather all the necessary details and evidence related to your case. They will help you seek fair compensation for your case so that you can remain stress-free. So, what are you waiting for? Call at 701-775-7837 for a free consultation.
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Responsibilities of a Personal Injury Attorney
Just imagine you have been hurt in a car accident without you being at fault! What will you do next? How will you pay your medical expenses? How will you deal with insurance companies? How will you seek compensation for the loss? Well, the solution is hiring a personal injury attorney! A personal injury attorney provides assistance and representation in cases such as car accidents, construction accidents, slip and falls, and a lot more. He will seek justice for you if you suffer owing to the negligence of another person! But how can he help you?
Let’s take a look:
Collecting Evidence
Be it a car accident, liability case, or a slip and fall case, a personal injury attorney will leave no stone unturned in finding out the evidence related to the case. He may have to hire investigators or collect medical records; he will dig out deep to find out the hidden traces of the case to get the true picture of the incident.
Handling Insurance Cases
Personal injury attorneys play a crucial role in dealing with insurance companies. Whether you need to interact or negotiate with insurance companies, personal injury attorneys can help you in every aspect. They will go through the communication with the insurance companies to save you from all the hassles. A personal injury attorney will work towards your best interest while dealing with insurance companies.
Prepare and File Claims
A personal injury lawyer is responsible for filing complaints in the court on your behalf. He handles several pleadings and documents on your behalf so that you can have a seamless process.
Prepares the Client for Deposition
Well, a personal injury attorney will prepare and represent you at the time of deposition in the court. But the question arises what exactly is a deposition? When you give ‘sworn’ evidence, it is known as a deposition. During this process, the plaintiff and the defendant appear at a reporting office which has a generally less formal environment than a court. Both the parties are required to present the sworn evidence, facts, and figures related to the case during the deposition before the final trial. An attorney plays a major role during this process.
Represents the Clients at the Trial
If your case doesn’t get resolved during the litigation or at mediation, then you need to represent at the jury. A personal injury attorney can come to your rescue in this case! He will use his expertise and knowledge to represent you before the jury. He will help you become comfortable in the court setting so that you do not face any problem. He will easily convey your message before the jury on your behalf.
Want to hire a personal injury lawyer in North Dakota? Get in touch with Johnson & Autrey Law Firm. We have licensed lawyers who can help you in dealing with a wide array of personal injury cases. Our team will gather accurate information and rightfully handle the documentation so that you can remain at ease.
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What types of Personal Injuries can be Compensated for?
No one likes being involved in a lawsuit, especially if it involves a court trial. However, many a time, we find ourselves facing circumstances where either we are being sued or we need to sue someone.
Personal Injury cases are typical examples where the individual who is injured needs protection of rights, and receive the compensation that he deserves.
Often the victims in a personal injury case are unaware of their rights and do not fight for them.
Here’s a look at the type of injuries that can be categorized as personal injuries for which the victim is eligible for compensation:
Auto Accidents:
If you are injured in a vehicle accident due to the fault of someone else, you have a right to claim monetary compensation. The accident may be caused due to the irresponsible behavior of another driver, a passenger, or even a pedestrian, etc. Whoever is responsible for causing the accident is liable to pay the injured individual.
Wrongful Death:
A death is identified as a “wrongful death” when it occurs due to the careless behavior of another person. Some examples are deaths due to car/truck crashes, medical malpractice, workplace accidents, and many more.
In case of wrongful death, the party responsible for the death is liable to provide compensation to the family of the deceased.
Slip and Fall Cases:
An individual can file a personal injury case if he experiences an injury due to a fall on a property that is ill-maintained.
A slip and fall victim can sue if he falls due to conditions like torn carpeting, flooring changes, low lighting, etc.
One can also claim compensation if he suffers slip and fall accident if he trips on a broken sidewalk, or falls on a flight of stairs.
You have a right to file for a personal injury case if you slip and fall because of rain, snow, ice, or hidden hazards such as potholes.
Accidents at Workplace:
Personal injury cases that occur at the workplace could be due to slip and fall, hazardous workplace conditions or accidents caused due to hazardous material being used, etc.
The injured person can claim a worker’s compensation claim from the organization. The compensation can include expenses towards medical treatment, lost wages, or a lumpsum payment.
Product Liability:
If a product you purchased malfunctions and causes an injury to you, you can claim compensation from the manufacturer.
Medical Malpractice:
An injury caused due to negligence by a doctor is considered medical malpractice. The patient has the legal right to claim compensation from the doctor.
Defamation:
An individual can file a defamation case against someone who tarnishes his/her reputation. A defamation lawsuit qualifies as a personal injury case because it causes personal harm to the individual.
In addition to these, there are several other instances of personal injury where the injured person can file a personal injury lawsuit and claim compensation. Only a personal injury lawyer can guide and represent you in matters of personal injury.
Johnson & Autrey Law Firm has the best personal injury lawyers who ensure that the plaintiff they are representing gets adequate compensation.
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What you Need to Know About a Personal Injury Lawsuit?
A personal injury lawsuit is built on the premise that an injured person deserves to be compen-sated financially after he/she has suffered harm due to the irresponsible conduct of another. The injury may be caused due to the negligence or malicious intent of another individual/s. In either case, the person who suffers the injury is eligible for financial compensation.
What is a Personal Injury lawsuit?
A personal injury claim can be filed by a plaintiff if he or his loved one gets injured due to the fault of another person. The plaintiff filing the lawsuit has legal rights to get compensation on several fronts.
Personal Injury rules are applicable in:
- Accidents such as those caused due to the negligence of others. For example, car accidents, slip, and fall accidents, medical malpractice, etc.
- Intentional acts leading to injury to another person. These may be assault and battery, etc.
- Product liability claims may be filed in cases where someone is adversely affected due to a defective product provided. These could be products such as vehicle components, consumer products, pharmaceutical products, etc.
- Defamation cases also fall under the purview of personal injury lawsuits. These are filed against a defendant who causes harm to another because of his defamatory statements.
The process of a personal injury lawsuit:
- Personal Injury is identified: The defendant harms the plaintiff in some way or the other. The personal injury lawyer of the plaintiff assesses if the defendant has breached any law while caus-ing the injury.
- The plaintiff sues the defendant: The personal injury lawyer sues the defendant for compensation. There is a time limit by which an individual needs to file a personal injury case after the injury has occurred. The duration is specified according to the type of injury by the State of law.
A plaintiff can sue the defendant for compensation towards:
- Medical expenses
- Suffering caused
- Loss of workdays
- Loss of income
In addition to these, there are several other reasons for which compensation can be claimed. These could include paying for the fees of the attorney, etc. The types of claims vary from case to case.
A personal injury case can be filed against an individual, an organization, or the government.
Settlement: The personal injury lawyer takes up the case for settlement. A personal injury law-yer scrutinizes the case and decides the valid claims for a specific case. He then collects relevant supporting information to represent his client. The attorney might attempt an out-of-court settle-ment with the defendant before filing the case in a court of law.
Personal injury cases differ from other types of cases. While all other types of lawsuits are bound by specific rules and statutes, personal injury cases are argued based on previous court decisions and treatises written by legal experts. In other words, personal injury cases are assessed based on precedents.
Johnson & Autrey law firm is one of the most reliable law firms in North Dakota and Minnesota. We have a team of personal injury lawyers who are committed to the clients and ensure that he/she gets the compensation they deserve in a personal injury lawsuit.
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Why you need a Personal Injury Lawyer?
Suffering a physical injury due to the callousness of another can throw your life off-track for more reasons than one. When you are injured, you experience mental and emotional trauma. And, you also need to ensure that you get compensated adequately. This is where a personal injury lawyer steps in to take care of the legal aspects in such matters.
Personal injury law specializes in cases involving civic or private wrongs or injuries, monetary or nonmonetary damages. The injury caused may be physical or psychological. Also, cases such as breach of contract to an individual’s reputation, rights, or property and acts of bad faith come in the purview of personal injury cases.
A personal injury may be an injury caused due to animal bites, auto accidents, brain injuries, medical malpractice, accidents at a construction site, defective products, and many more.
In most cases, a personal injury lawyer pleads the case of the plaintiff to ensure that he is adequately compensated.
In personal injury cases, compensation may be claimed when a plaintiff:
- Is incapacitated to earn.
- Is unable to perform his normal duties because of the injury.
- There is pain or suffering caused due to the injury.
- There is the loss of companionship due to the injury.
- If he suffers emotional trauma.
Besides these, the party responsible for the injury is also required to cover the legal expenses incurred by the plaintiff including the fees of the attorneys.
Personal injury lawyers also protect the interest of the plaintiff in case they are victimized by insurance companies or the legal system.
To practice as a personal injury lawyer, the individual is required to pass a bar exam and a written ethics exam. Once the lawyer is admitted to the bar, he needs to ensure that he keeps himself updated in his field by taking up legal education courses.
The responsibilities of a personal injury lawyer include, but are not limited to:
- Offering legal advice to plaintiffs of personal injury.
- Filing complaints on behalf of the plaintiffs in the court of law.
- Arguing cases for the plaintiff.
- Legal documentation.
A personal injury lawyer covers the case for the plaintiff from the stage of inception to appeal. They assess the case on its merit. The lawyer then researches laws relevant to the case, gather evidence to support their plea. The preparation for the case also includes drafting pleadings, motions, etc. The lawyer also interviews and deposes witnesses to support the case.
The lawyer may try for an out of court settlement with the adversary. However, if the outcome is not favorable the case is tried in court. Before the court trial, the lawyer prepare their clients for the trial. They counsel their clients and prepare them for the cross-examination they are likely to face in court.
It is important to choose a personal injury lawyer who is licensed and experienced. You should also look for a compassionate lawyer who works ethically, and within the purview of the law.
Johnson & Autrey law firm has the best personal injury attorneys in North Dakota and Minnesota areas.
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What to Do Right After a Car Accident?
When you’re injured in a car crash, you should do some measures to defend yourself and property. The following is a list of the steps to avoid in a car accident:
1. Stop
Never speed away from an incident site, however mild.
2. Guard the Spot
Setting flares or leaving the flashers on will deter more injuries. When it’s dark, and your lamps don’t function, you should have a torch to keep you secure when standing in your broken vehicle or on the roadside.
3. Inform the police
Even without serious injuries, calling the police is a good idea. You may require a police report to lodge a lawsuit with the insurance provider, also if only to prove harm to your car. According to the Fargo car accident attorney, the crash vehicles will remain where they are unless they conflict with traffic.
4. Create A Clear Report
Make sure you inform the investigative officer(s) precisely what happened, to the best of your abilities. When you don’t know those details, inform the cop. Don’t wonder, assume, or misinterpret any truth. If you’re told if you’re hurt, and you’re not positive, you’re not aware. Sometimes, motor vehicle suffering and trauma are evident hours after the initial crash. As per Personal injury attorney Grand Forks ND, they should also verify the remarks made by other incident witnesses are correct.
5. Take photographs
Whether you have a mirror in your car or a mirror-equipped mobile phone, you can take pictures of the cars where there is a noticeable injury. When you have noticeable bruises, record them. You cannot, moreover, intervene with criminal proceedings. If you can’t film the crash site, capture photos as quickly as possible after the incident.
6. Collect information
Usually, the investigative police officer gets this detail. According to Personal injury lawyer Grand Forks ND , if the officers may not report to the crash, you can collect the identity, address including the phone number of all incident victims, drivers, and passengers. You can always access policy records by requesting to display the liability statement on all incident cars. You can collect details about the witnesses so you can reach them in the future. When police react to the crash, the investigation officer typically sends both passengers an incident identification number.
- Published in Motor Vehicle Accidents
