Your Personal Injury Survival Guide
Part One of a Two-Part Series
Being injured is never something to take lightly. Even if you are minding your own business, your life can be permanently changed in an instant. You would like to think that the party responsible for your injury would be willing to make things right, but sadly, you’ll find that most of the time you would be wrong.
If you’re injured by an individual, as in an auto accident, he will turn the matter over to his insurance company to handle. If your injury is the result of an error or carelessness on the part of a company, corporation, or other public or private entity, they will not only have an insurance carrier on their side, but may also employ legal counsel whose mission will be to diminish or deny responsibility altogether, and find legal grounds on which to contest your claim.
In this two-part series you will learn:
- What constitutes personal injury
- After your injury – what to do and what not to do
- Why you should hire a personal injury attorney
- Finding the right attorney
- What you may be entitled to recover
What Constitutes Personal Injury
By definition, personal injury means that you have become injured as a result of the actions of another person or an entity. These actions can be intentional or unintentional. If the action was unintentional, then the burden of proof rests on you to prove that the other party is responsible for your injury. Proof must be by a majority, which means at least 51 percent of the blame can be placed on the offending party.
If you are injured due to the intentional act of someone, for example in a robbery, you are still able to pursue the individual separately from the criminal act. Even if they are not convicted of a crime, they can still be held liable for the injuries that they inflicted upon you.
Although automobile accidents are the leading cause of personal injury in the United States, there are many other categories where personal injury law will apply. For example, the injury can be due to a defective product, a contamination, an accident at work, or even a medical mishap or error.
Each state has its own statute of limitations that gives the victim a window of opportunity to file a claim against a responsible party. These time periods vary and can be as short as one year and as long as six. The clock starts either from the date that the injury occurred, or the point at which the origin of the injury could be determined. But just because there is a statue of limitations in place does not mean that these time frames are always set in stone. In some instances, extenuating circumstances can increase these limits. A personal injury attorney will recognize if these circumstances apply to your case.
After Your Injury: Dos And Don’ts
The time immediately following an injury is very traumatic. You’re focused on the seriousness of your injuries and you often can’t work. Will you be able to return to your job? Will your health ever return to normal? There may also be a pressing worry over money. How much will this injury cost? Will insurance cover it? How long will you be out of work? How will you pay your bills? The list goes on and on…
The first thing to remember is not to panic. Even though you have been placed in this predicament, you do not have to deal with this alone. You need to hire the services of a personal injury attorney. They specialize in these matters and they know how to work their way through the system in order to get you fairly compensated. You should never attempt to take on this kind of responsibility by yourself. There is simply too much riding on the outcome.
Never talk to an insurance company, a representative of the defendant, the defendant, or anyone else about your claim. Any information that you release has the potential to be used against you in your case. And never, ever sign anything. In part two we’ll begin with why you would be wise to consult a personal injury attorney as soon as possible after your injury.
In the Meantime …
If you’re considering a claim for injury resulting from accident or negligence, it’s important to work with a personal injury attorney who is knowledgeable and experienced in this field, and who has demonstrated a determination to fight for his or her clients.To arrange a free consultation, contact Robert Mandell at The Mandell Law Firm in Northridge. 818.886.6600.
