You Got In An Accident – Should You Hire A Personal Injury Attorney?
You’re hurt in an accident, who should you call? Can you really get big money from your injuries, or is that just a dream? We all know that it isn’t as simple as that, but we all need to know what our rights are, or what the law is. How do you figure out who to call to see if you have a case or not?
Every type of tort claim, whether it is a Las Vegas Personal Injury claim or in another jurisdiction, has two basic issues ” Was there liability & are there damages? If you were hurt in an accident, you should get legal advice before signing any documents. In this example, a competent Injury Lawyer will be able to take in all the facts of your case, and based on their expertise in this area will be able to advise you. Based on other cases they have tried in the past, they will be able to let you know whether the other party is liable for your injuries, and also whether you can prove it in court.
Automobile accidents are the area that most personal injury actions happen. You need to prove the other person was negligent in the accident. If you are in a fault state, you need to prove negligence by showing that the other driver failed to exercise reasonable care. All drivers have a responsibility to exercise reasonable care when they drive on the roads. When the other driver breaches that responsibility and you are injured, then personal injury law states you can file suit for your losses. However the system is different in states that have passed no-fault laws.
Strict Liability is another basis for a personal injury claim. It is a growing area of tort law and is gaining importance. If a product is defective and you are injured by that product, you can sue the manufacturer or designer as they are strictly liable for any damages or loss caused by their product. Negligence is a different basis, but you do need to prove that the design of the product or its manufacturing process caused it to be dangerous when used normally.
If someone hits you in the face or body, you could also file a personal injury case against them but under the basis of Intentional Wrongs. These types of cases aren’t filed as much, but it can happen. Or if you are accused of shoplifting from a store, and the store security wrongfully detains you for a period, you can file a wrongful imprisonment suit against them. They could also have criminal charges filed against them, but the state would have to file them on your behalf, rather than you filing a criminal complaint against them.
Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident were you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits don’t make it to court, and are settled before that happens.
The last thing to consider is the length of time you have to file a claim. Many states statue of limitations are different. What this means is that you have a limited amount of time to file the case. The time limit can be as little as one year to file a lawsuit for an auto accident. If that time passes, then you lose your right to sue, or you case can be thrown out of court.
Personal Injury attorney Las Vegas is a highly searched phrase, and the author, Anthony Flores, helps firms be found when searching for it. So when people are searching for a Las Vegas Personal Injury Lawyer, your firm shows up.