Personal Injury
Our practice is committed to easing the heavy burden placed on you and your loved ones as you cope with the devastating results of a serious personal injury or untimely death. We aggressively seek financial compensation for physical and emotional damages you may have suffered as a result of someone else's negligence or malice.
Personal Injury Claims
You can file a personal injury claim if another person (or an organization) has inflicted bodily or emotional harm on you. The responsible parties can be held accountable regardless of whether their actions were intentional or accidental. Personal injury cases encompass a wide variety of accidents and mistreatment, including nursing home abuse, car accidents, defective product injuries, exposure to toxic material, medical malpractice, drug injuries, job injuries, and wrongful death.
There are three different categories in which a personal injury claim can be filed: negligence, strict liability, and intentional wrong.
In negligence claims, the plaintiff's personal injury has been caused either by the defendant's reckless and careless actions, or by their failure to provide reasonably safe conditions.
Breach of warranty claims generally deal with defective products that cause personal injury. Manufacturers provide explicit warranties on their products, and there are implied warranties that their products are fit for their intended use. As long as the consumer correctly followed instructions and used the product in the way it was intended, manufacturers may be held liable for injuries sustained from the use of that product.
Finally, intentional wrong claims are filed if the defendant purposefully and maliciously harms the plaintiff. Oftentimes intentional wrong claims are filed in conjunction with criminal litigation. The perpetrator guilty of assault and battery can be sent to jail on criminal charges, while the civil lawsuit forces them to pay a settlement to the victim.
Damages
Our skilled attorneys have many years of experience in opposing arguments against our clients that they contributed in some way to their own harm. The attorneys establish that the defendant is liable and legally responsible for personal injuries incurred. They present evidence of the true extent and harmful effects of the injuries in order to ensure that full damages are paid, including:
- Pain and suffering
- Permanent disability
- Emotional distress
- Loss of wages
- Mental impairment
- Earning capacity impairment
- Loss of profits
- Medical bills
- Interest due from money withheld
- Repair or replacement of property
- Loss of consortium for family members
Statute of Limitations
It is important to realize that a victim has a limited time frame in which he or she can file a personal injury claim. The rules vary from state to state, but generally the victim has between one and three years after the accident occurs to file a claim in court. In some personal injury cases, the statute of limitations may start to run the day after the injury occurred and in other types of personal injury claims, the statute of limitations starts to run when the victim knew or should have known that negligence occurred. The statute of limitations against government agencies is often shorter, generally only a few months.
Therefore, it is very important to speak with an attorney immediately after an accident or injury to ensure that the claim is filed on time and the statute of limitations is protected.