Personal Injury Frequently Asked Questions
What is a personal injury lawsuit?
When another individual’s negligence is responsible for your injuries in an accident, you may be able to file a personal injury lawsuit. These lawsuits are governed by tort law.
What is a tort?
Torts are civil wrongs resulting in injury or damages. They are punishable by law to both compensate victims and to deter others from committing similar wrongs. Be sure to consult a personal injury lawyer to pursue a lawsuit since tort law varies from state to state.
What are the most common types of personal injury lawsuits?
- Medical malpractice (surgical errors, failure to diagnose, birth injuries, etc.)
- Workplace accidents/construction accidents
- Motor vehicle accidents (car, truck, SUV, motorcycle)
- Slip and fall accidents
For each of these and many other types of personal injury lawsuits, victims may be eligible for compensation for their injuries. Consulting an experienced personal injury lawyer is your best option to determine whether or not you have a case and to decide to what extent you can fight for compensation.
How is a personal injury lawsuit proven?
A lawsuit’s determination is based on liability and damages. Liability refers to the person at fault for your injuries through negligence, strict liability, or intentional wrong.
If a person did not take actions which could have prevented your accident, that person’s negligence may be at fault. When the appropriate use of a manufacturer or supplier’s product causes injury, that manufacturer or supplier may be at fault through strict liability. A person who realizes his actions will cause harm but continues to act can be held liable for his intentional wrong.
The other factor in a personal injury lawsuit is damages resulting from the liable party’s actions. Damages are the physical, mental, and emotional harm directly caused by your accident. In order to more easily prove these damages, it is advisable to keep a detailed log of the accident and its effects on your life.
Why do I need a lawyer?
Personal injury lawsuits can become very complex when the accused negligent party (or the insurance company) denies responsibility for your injuries. Additionally, making sure you seek the right amount of compensation takes careful assessment of both your current and future medical needs. A personal injury lawyer has detailed knowledge of the law and can defend your rights as a victim while fighting for the compensation you deserve.
How do I know which lawyer to choose?
There are several factors you need to consider when searching for the right personal injury lawyer. Choosing the right attorney may mean the difference between compensation and dismissal, so carefully consider each of the following points before committing to a personal injury lawyer.
You will want an attorney that is best suited to handle your type of case. Whether you’ve been injured in a slip and fall accident or an SUV rollover accident, make sure the attorney you hire has experience representing your specific type of claim.
Proven Track Record/Trial Experience
In addition to having experience in your type of claim, your attorney should have a proven track record of success. How many cases have they successfully won? What type of and how much compensation was awarded? Was it settled out of court or was a trial necessary? Be sure your lawyer is ready and willing to fight for you in court if a fair settlement cannot be reached.
Be sure to understand the fees you will be charged for your attorney’s work. Many lawyers work on a contingency basis whereby they only receive payment if you are compensated. Know what percentage of your recovery your attorney will take and ask for that arrangement in writing.
You will be spending a lot of time with your attorney, so you will want to consider his personality and legal philosophy. If you are able to work cohesively with your attorney, the personal injury lawsuit process may be easier on you.
Why should I choose DiSandro & Malloy?
The personal injury attorneys at DiSandro & Malloy have over 50 years of combined trial experience with a proven track record of success. Our lawyers handle every case with the utmost attention, sensitivity, and respect given to the injured client and his or her family. We are dedicated to meeting each client’s specific needs and fighting for fair compensation. If you or a loved one has been seriously injured through someone else’s negligence, contact the personal injury lawyers at DiSandro & Malloy.
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Call our Philadelphia attorneys today at 215-587-9900 or our New Jersey lawyers at 856-429-3700 to discuss your personal injury claim!