Types of Personal Injury Cases
Personal injury cases encompass various incidents caused by the negligence of others. This includes automobile accidents, such as motorcycle and truck accidents. Personal injury lawyers also handle other types of transportation accidents, such as aviation, bicycle, mass transit, boating, and pedestrian accidents. They may also take on cases involving premises liability, including negligent security, slip and fall accidents, and animal bites. Additionally, personal injury lawyers handle nursing home abuse and neglect cases, as well as construction accidents. Medical malpractice cases also fall within the realm of personal injury.
Types of Compensation
Victims of personal injury may be entitled to compensation for the damages they have suffered. This can include medical expenses, loss of income, loss of earning capacity, emotional distress, loss of consortium, loss of companionship, loss of enjoyment of life, mental anguish, and pain and suffering.
Actions of Personal Injury Lawyers
The specific actions taken by personal injury lawyers depend on the type of case, their area of specialization, and the stage of the case. Here are some activities personal injury lawyers may engage in and how they benefit your case:
- Investigating Claims: Personal injury lawyers typically work on a contingency fee basis, meaning they only charge attorney’s fees after securing a settlement or jury verdict. They carefully screen potential clients and evaluate the merits of each case to ensure a favorable outcome.
- Gathering Evidence: Personal injury lawyers collect evidence to support the plaintiff’s claim. This may involve obtaining police or incident reports, locating and interviewing witnesses, and capturing photographs or videos of the accident scene. They also retain and organize evidence, such as medical reports, bills, employment documents, and property damage reports, to establish liability and assess the extent of damages.
- Negotiating with Insurance Companies: Personal injury lawyers are skilled in negotiating with insurance companies. They analyze policy details to determine the maximum compensation available based on the case’s specific circumstances. These lawyers handle all communications with the insurance company, protecting the injury victim from making statements that may jeopardize the claim.
- Sending Demand Letters: After thorough investigation, personal injury lawyers may send demand letters to insurance companies. These letters outline the accident’s facts and demand a specific amount of damages for the defendant’s actions.
- Preparing Pleadings: If the insurance company refuses to offer a fair settlement, personal injury lawyers prepare a complaint against the defendant. The complaint presents the legal arguments establishing the defendant’s responsibility for the accident and states the amount of damages sought by the client.
- Conducting Discovery: Plaintiff’s lawyers initiate the discovery process, which includes sending interrogatories (written questions) to the defendant and deposing parties, witnesses, and experts to gather additional information.
- Representing Clients at Trial: In the event that the case proceeds to trial, personal injury lawyers provide representation in court. They are knowledgeable about court customs and procedures, ensuring adherence to necessary steps.
By engaging in these actions, personal injury lawyers work diligently to build a strong case and advocate for their clients’ rights throughout the legal process.
The Range of a Personal Injury Claim
The difference in the time it takes an average claim to progress usually depends on the elements of the case and determining certain issues such as liability. If the liable party is a company or multiple others, this could extend the time of the claim significantly. The more complex the claim, the greater the time it takes to explain and progress the subject matter. The judge or jury may require additional time to deliberate and proving negligence or a breach of the duty of care could extend the case further. The lawyer may also require additional time to find and question witnesses.
The Factors a Personal Injury Case
The factors involved in a personal injury case usually revolve around the negligence of the defendant or a breach of the duty of care owed by a company or entity. When a breach happens with this duty, it is often the breach that leads to the injuries. Then, the lawyer will need to prove this to hold the defending party liable for the injuries and other damages owed through compensation in a personal injury claim. Many pieces of evidence are difficult to understand without an expert witness or if a forensic expert is necessary, this could further complicate the claim.
The Type of Personal Injury Case
There are different types of claims that the individual may face such as an accident on the road, premises liability and products that have defects which cause injury. Depending on these different variations that involve a personal injury, the time that it takes to resolve the matter may range greatly. Some elements of these cases require the need to prove negligence, a breach of the duty of care or even breaches in contracts that lead to the individual injury of a client or customer. The more parts to the case exist, the longer the lawyer may need to prove the subject matter.
Negligence may complicate the personal injury claim because the plaintiff must prove four elements and then explain the reasonable compensation for recovery and all other included damages. If an expert witness is necessary to help assist and explain the issues, this could also extend the time. Ranges of increases may change the endpoint conclusion by weeks, months or even years. Medical treatment that occurs during the initial stages of the claim could push back the start date of introducing certain aspects as well. The lawyer may need extra days or weeks to prepare certain witnesses to include the plaintiff.
Complications to the Claim
There are numerous issues that may arise within a personal injury case that could create complications, difficulty in progressing and proving the claim. These may exist in negligence, contract disputes that cause injury, premises liability and product defects. The courtroom proceedings may require the services of no less than one expert to explain matters and a removal of confusion for more complex subject material. If the personal injury incurred is through economic losses, this type of case may require the help of an electronic, accounting or forensic expert witness. This complicates the time of the case and may extend it for additional weeks or months.
Factors that Affect the Time
Insurance carriers may require the services of a lawyer, but without a legal professional, the matter may take a prolonged period to resolve. The policyholder may suffer injuries that require hospitalization or other problems may arise. Other factors exist in factual complications with the conflict between parties and what is known about the issue, medical treatment and documentation and significant economic involvement with larger amounts of money. Big businesses may defend the claim and cause the lawsuit to last for years.
Spanish Speaking Car Accident Lawyer in Houston, Texas
Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
Personal Injury Lawyer in Houston, Texas
If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!