Frequently Asked Questions
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What is a personal injury claim or case?
When a person is injured in some type of accident and makes a claim for damages to the party that was the cause of the accident, then a personal injury claim is said to have been placed. When a claim is filed the injured party is normally called the “plaintiff,” while the person that the claim is made against is known as the “defendant.” There must be some form of negligence on the part of the defendant in order to be able to file a claim against them.
What is negligence and how do I prove it in my case?
Negligence is when someone fails to act in a way that is reasonable and how another cautious and prudent person in their position would. In each case the type of negligence that occurs can differ. It may be someone driving with alcohol in their system. It can also be a doctor that doesn't look at the patient close enough. In a case it is necessary to show that the person acted negligent in some manner. Next you need to show that their negligence was responsible for the incident taking place and therefore caused the injuries. It is best to work with a Dallas injury lawyer who can effectively review your case and develop a strategy.
What are common types of personal injury/negligence cases?
The most common cause of injuries and claims being brought against negligent parties involves automobile accidents. If one party violates the law in some manner while driving and causes an accident that results in your being injured, you have the right to file a claim against them. Other common types include work related accidents and product liability.
How much will it cost to get an attorney for my personal injury case?
You will only pay our attorneys if we are able to win compensation for you and recover damages. A fee contract is written up that pays us a contingency fee based on a percentage of the recovery, normally between 30-50%. You will not pay anything unless there is a successful recovery.
What type of evidence is used in personal injury cases?
Evidence is often key in determining the final outcome of a case since the responsible party will likely try to avoid the truth. The facts can't be argued with so it is important that any reasonable doubt is wiped out. Evidence can include witness accounts which are often extremely important in presenting the view of someone that saw the incident but isn't bias and going to slant their story either way.
Surveillance tapes may also be used, such as when a car accident takes place at an intersection. Medical records can be valuable, along with getting the opinion of other medical professionals to see what the injury entails. In some accidents, a reconstruction expert can be used and this is a person who will use the details of the accident to come up with how it occurred. By determining these steps it may be possible to provide greater clarity on who was at fault.
What are some things I should look for and expect from my attorney?
First of all you should retain someone you feel comfortable communicating with, that you feel is reliable and accessible. If an attorney is available to answer your questions and knows and is experienced in the area of the law you are seeking representation in, you will likely feel confident that you have chosen an attorney who can help you.
If my case is won, what do I receive?
If your case is successfully settled, you will likely be awarded a certain amount of money for your losses. The amount you receive is based on the losses you are claiming, which can include medical bills, lost earnings, pain and suffering, physical impairment (if it resulted from the accident) and in the event of death, all the losses that result from a loved one’s death, including emotional and financial.
What if I was partially responsible?
If you had something to do with the incident that does not automatically mean that you can't receive compensation. If you are a worker that is injured on the job, you can still seek compensation. You may be not been properly trained or other factors may be involved that warrant damages. If you were involved in a car accident that wasn't 100 percent the other person's fault, that doesn't mean that they are liable for a large portion of it or that you will be unable to gain compensation from the insurance company. Fault is an important factor in personal injury cases but there are also other details that can come into play. In accidents it can also be common to look at what we could have done differently to avoid the situation so you may not always be as responsible as you think. These should be assessed by a professional to better determine if there is cause to move forward with a case.
Still have questions? Contact us!
Jackson Allen & Williams, LLP has represented countless clients in personal injury cases of all kinds. We know what your case is likely to entail and we can provide the counsel and advice that you need. We are also board certified in civil trial law, proving that we have what it takes to get results in the courtroom.
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