Personal injury law describes the field of law in which individuals seek
recovery or damages for injuries they receive. Usually these injuries
have been caused by torts committed by other individuals or companies.
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What is a tort?
A tort is defined as a "civil wrong." We all owe certain duties to others as we carry on our daily lives. Torts involve violations of duties which are not necessarily punishable by criminal fines or imprisonment, although some torts can be considered criminal as well as civil such as assault and battery.
Are there different types of torts?
Yes there are a number of different torts. For instance, a driver of a car who hits someone from behind commits a tort or a civil wrong by failing to maintain control of his automobile. A store owner who allows a liquid soap to remain spilled on a floor for an unreasonable length of time, causing someone to slip and fall, commits a tort. A manufacturer may be guilty of committing a tort when its product, while being used in the correct manner, injures someone. The manufacture may be at fault because the product was defectively design or contained a hidden defect. A surgeon who leaves a medical instrument inside a patient is guilty of committing a tort.In all of the above instances, an individual or company owed a duty to act within certain standards.
What can I do if I am the victim of a tort or if I am injured through someone else’s negligence?
When individuals or companies fail to act or forget to act within certain standards recognized by law and persons are injured, these individuals or companies can be held liable for their acts or omissions, and they can be sued for the damages they have caused.Recoverable damages generally include medical expenses, loss wages, and compensation for pain and suffering.
Can I handle my own case or do I need the assistance of a lawyer?
If the injury is very minor, you probably can represent yourself You will most likely be dealing with an insurance adjuster and if you can recover enough to pay your medical expenses and compensate you for the pain and suffering caused by the injury, you will have done a decent job. However, you should note that the adjuster will normally have much more experience than you in these matters.
If the injury is more serious, if the case is somewhat complicated, if you would rather have a professional deal with the insurance adjuster, or if you feel the best and maximum recovery can be had with legal assistance, then it is probably a good idea to retain a lawyer.
How will the lawyer charge me?
Many of us are under the assumption that only "TV lawyers" take cases for free and charge only if they recover money for us. The fact of the matter is that nearly all lawyers handling personal injury cases work this way. This manner of handling cases is referred to as a "contingency fee" arrangement.
The lawyer basically advances the fees for working up your case. These fees may include paying for medical reports, paying court filing fees and paying other costs such as deposition fees. Once the case is settled or concluded by a favorable trial verdict, the lawyer will subtract his costs from the monies recovered, and he will also subtract his portion of the fee arrangement he has with you. For instance, if the lawyer has a one-third fee arrangement, he will subtract one-third of the settlement. The remaining funds are then given to you.
How do I select a lawyer to represent me?
Whomever you select as a lawyer should be someone you can trust and who has a reputation for competence. Unfortunately, many persons who are injured never expect or anticipate being injured and may never have had dealings with a lawyer. Of course, lawyers are listed in the Yellow Pages and they advertise on television and radio. You can use these avenues to select a lawyer. However, if time allows, you should try to select a lawyer who has a good reputation, who is known to be competent and professional, and who is known to be fair.
This website makes no attempt to sum up the entire field of personal injury law, which is very large. Also, please note that each case must stand and be investigated on its own merits and an injury may not always be caused by someone else’s negligence. There must always be proof that a breach of a legal duty has occurred.
However, should the need for legal assistance or representation in a personal injury case arise, please contact The Evans Law Firm at 601.855.2255 or to contact an attorney of your choice.
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