- 1 What is Personal Injury Law?
- 2 Common Types of Personal Injury Cases
- 3 The Role of a Personal Injury Attorney
- 4 The Benefits of Hiring a Personal Injury Attorney
- 5 The Importance of Having a Personal Injury Attorney on Your Side
- 6 Frequently Asked Questions
- 7 Experience and Compassion: Trust Speaks Law Firm for Your Personal Injury Needs
If you've suffered an injury due to someone else's negligence or wrongdoing, you may be entitled to compensation. Navigating a personal injury lawsuit can be complex and stressful, but having an experienced personal injury law firm on your side can make all the difference.
In this blog, a Wilmington personal injury attorney from the Speaks Law Firm shares how an attorney can assist you throughout the legal process, ensuring you receive fair compensation for your injuries.
If you have any questions or need help with your personal injury claim, don't hesitate to contact a member of our team. Call us at (910) 341-7570 for a FREE case review. Who speaks for you? We do.
What is Personal Injury Law?
Before going over what a Wilmington, NC personal injury lawyer can do for you, let's define personal injury law. Personal injury law, also known as tort law, is an area of civil law that focuses on providing legal remedies and compensation to individuals who have suffered harm or injuries due to the negligence, recklessness, or intentional actions of another person, company, or entity.
The primary goal of personal injury law is to help the injured party, or plaintiff, recover damages for their losses and hold the responsible party, or defendant, accountable for their actions.
In a personal injury case, the injured party usually seeks compensation for various types of damages, such as medical expenses, lost wages, pain and suffering, emotional distress, and loss of companionship.
The specific compensation awarded in each case will depend on the circumstances and the extent of the harm suffered by the plaintiff.
Common Types of Personal Injury Cases
These cases can arise from a variety of situations, including:
Bicycle accidents occur when a cyclist collides with a motor vehicle, pedestrian, or another cyclist. These accidents can result in severe injuries due to a cyclist’s lack of protection compared to motor vehicles.
Examples include a cyclist being hit by a car failing to yield at an intersection or colliding with an open car door.
Car accidents are a common type of personal injury case, involving collisions between motor vehicles, resulting in minor to severe injuries or fatalities. These accidents often occur due to driver negligence, such as speeding, distracted driving, or driving under the influence. Victims may seek compensation for damages, including medical expenses, lost wages, and pain and suffering.
Examples of car accidents include rear-end collisions, T-bone accidents at intersections, or head-on collisions caused by a driver crossing the centerline.
Dog bites involve incidents where a person is bitten or attacked by a dog, causing injuries ranging from minor to severe. Dog owners may be held liable for damages if their dog causes harm to someone else.
Examples include a dog escaping from its yard and attacking a pedestrian or a neighbor's dog biting a child during a visit.
Federal Tort Claims
Federal tort claims are personal injury claims filed against the United States government or its employees for injuries caused by negligence. These claims are subject to specific rules and procedures under the Federal Tort Claims Act.
Examples include a postal truck causing a car accident or a visitor being injured at a national park due to poorly maintained facilities.
Industrial accidents involve injuries sustained during work at industrial sites, such as factories, construction sites, or mines. These accidents can result from equipment malfunctions, inadequate safety measures, or human error.
Examples include a worker being injured by a malfunctioning machine or a construction worker falling from scaffolding.
Nursing Home Negligence
Nursing home negligence occurs when a nursing home or its staff fails to provide adequate care for its residents, resulting in injuries or harm. This can include physical, emotional, or financial abuse.
Examples include a resident developing bedsores due to lack of proper care or a nursing home employee stealing from a resident.
Pedestrian accidents involve collisions between pedestrians and motor vehicles, often resulting in severe injuries or fatalities. These accidents can occur when drivers fail to yield to pedestrians or when pedestrians are not using crosswalks properly.
Examples include a pedestrian being struck by a car while crossing the street or a driver hitting a pedestrian on the sidewalk.
Premises liability refers to cases where a person is injured on someone else's property due to the property owner's negligence in maintaining safe conditions. This can include slip and fall accidents, inadequate security, or hazardous conditions.
Examples include a customer slipping on a wet floor in a grocery store or a tenant being injured by a faulty railing in an apartment building.
Workplace accidents involve injuries that occur while an employee is performing their job duties. These accidents can result from unsafe working conditions, lack of proper training, or equipment failure. Workers' compensation claims are often filed for these types of injuries.
Examples include an office worker developing carpal tunnel syndrome or a warehouse employee being injured by a forklift.
Wrongful death claims arise when a person dies due to someone else's negligence, recklessness, or intentional actions. Surviving family members can file a wrongful death lawsuit to seek compensation for their loss.
Examples include a fatal car accident caused by a drunk driver or a patient dying due to medical malpractice.
The Role of a Personal Injury Attorney
So, what exactly can your Wilmington personal injury attorney do for you? Let's break it down.
First and foremost, your attorney will evaluate your case to determine if you have a valid personal injury claim. They'll examine the details of your accident and advise you on the best course of action.
Your attorney will gather evidence to support your claim. This might include photographs, witness statements, medical records, and more.
Negotiating with Insurance Companies
Insurance companies can be tough to deal with, but your attorney will handle negotiations on your behalf. They'll work to secure a fair settlement for you.
Filing a Lawsuit
If a fair settlement cannot be reached, your attorney will file a lawsuit on your behalf. They'll navigate the court system, ensuring all necessary paperwork is filed and deadlines are met.
Representing You in Court
If your case goes to trial, your attorney will represent you in court. They'll present your case to a judge or jury, arguing for the compensation you deserve.
The Benefits of Hiring a Personal Injury Attorney
Now that we've discussed the role of a personal injury attorney let's talk about the benefits of hiring one.
Experience in Personal Injury Law
Your attorney will have extensive knowledge of personal injury law, allowing them to build a strong case for you.
Increased Chance of a Fair Settlement
With an attorney on your side, you're more likely to receive a fair settlement from insurance companies or at-fault parties.
Peace of Mind
Knowing that your attorney is handling your case can provide peace of mind, allowing you to focus on your recovery.
Contingency Fee Basis
Many personal injury attorneys work on a contingency fee basis, meaning you only pay if they win your case. This ensures that your attorney is motivated to fight for the best possible outcome for you.
The Importance of Having a Personal Injury Attorney on Your Side
Navigating a personal injury lawsuit can be challenging, but a Wilmington personal injury attorney can guide you through the process and help you obtain the compensation you are entitled to receive.
By evaluating your case, gathering evidence, negotiating with insurance companies, and representing you in court, your attorney will advocate for your best interests every step of the way.
Frequently Asked Questions
Q: How long do I have to file a personal injury lawsuit?
A: The statute of limitations for personal injury cases varies by state. In Wilmington, you generally have three years from the date of the injury to file a lawsuit. However, it's important to consult with an attorney to determine the specific deadlines that apply to your case.
Q: How much is my personal injury case worth?
A: The value of your case depends on a variety of factors, including the severity of your injuries, the amount of your medical bills, and your lost wages. Your attorney can help you estimate the potential value of your case.
Q: Will my personal injury case go to trial?
A: While many personal injury cases settle out of court, some go to trial. Your attorney will advise you on the best course of action for your specific case.
Q: How long does it take to resolve a personal injury case?
A: The timeline for resolving a personal injury case varies depending on the case's complexity and the parties' willingness to settle. Some cases may be resolved in months, while others may take years to conclude.
Q: Can I still recover compensation if I was partially at fault for my injuries?
A: You can still recover compensation even if you were partially at fault for your injuries. However, your compensation may be reduced by the percentage of fault attributed to you. Your attorney can help you understand how comparative negligence laws apply to your case.
Experience and Compassion: Trust Speaks Law Firm for Your Personal Injury Needs
Navigating the complexities of personal injury lawsuits can be challenging, but you don't have to do it alone. Rely on the experience of the team at Speaks Law Firm to help you pursue the compensation to which you're entitled.
Our firm is recognized by national organizations for our experience, professionalism, and results. We help good people who suffered a personal injury recover fair compensation for their injuries. Who speaks for you? We do.
If you've suffered a personal injury, our NC personal injury lawyers are here to help. We offer a FREE case review to provide guidance and help you understand your legal options. Contact us today at (910) 341-7570 or complete our online form.