what kind of lawyer do i need to fight a personal injury atty

by Prof. Sheridan Breitenberg 5 min read

You need a personal injury attorney, or, more generally, a civil litigation attorney.

Full Answer

What can an experienced personal injury attorney do for You?

The practice of law has become highly specialized, and many tax lawyers, for example, know less about personal injury law than you will after reading a few Alllaw articles. So, your first task is to find a lawyer who has experience representing claimants (called "plaintiffs") in …

How soon should I contact a personal injury lawyer?

Do I need a lawyer? If you were injured at work, it's likely your accident would be handled through workers' compensation. There may or may not be a reason to involve a lawyer. To explore whether or not you need a workers' comp or personal injury attorney, see Workers Compensation: A Complete Guide.

How do you become a personal injury attorney?

Oct 30, 2020 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

What should you look for in a personal injury lawyer?

Feb 09, 2015 · While the laws surrounding animal bites are very strict, many homeowners’ insurance policies do not include coverage in these situations. Consequentially, getting compensation after sustaining an injury from an animal bite can be tricky. Due to the complexities of this type of personal injury case, hiring an attorney is highly recommended.

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What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

How to hire a personal injury lawyer?

Contact friends or coworkers who have been represented by a lawyer in their own personal injury claims. If they say good things about the experience, put that lawyer on your list of candidates. But don't make any decision about a lawyer solely on the basis of someone else's recommendation. Different people will have different responses to a lawyer's style and personality. Also, at any particular time a lawyer may have more or less energy or interest to devote to a new case. So don't make up your mind about hiring a lawyer until you've met with them, discussed your case, and decided you're comfortable entering a working relationship.

Why won't my lawyer take my case?

Finally, a lawyer might refuse to take your perfectly good case for the same reason that you might not want to hire a perfectly good lawyer. That is, the two of you just might not feel comfortable with each other. If your personality and the lawyer's clash right away, the lawyer may simply decide that handling your claim is just not worth it.

What documents do you need to bring to a personal injury lawyer?

Bring copies of all the documents you have concerning your claim: police report, medical bills, income loss information, and all correspondence with the insurance company, including your demand letter if you have reached that stage. Most personal injury lawyers don't charge for an initial consultation.

Why would a lawyer decline to take your case?

This may be because you were largely responsible for the accident, because it is too difficult to prove that someone else was at fault, or because the person responsible for the accident has little or no insurance coverage.

What to discuss with an insurance lawyer?

After you have discussed with the lawyer the facts of your case and the history of your negotiations with the insurance company, the lawyer may give you a general opinion of how much your case is worth and how difficult it may be to get the insurance company to pay something in that range. This is when you should discuss with the lawyer the different ways your case could be approached, and whether the lawyer would be willing to handle it in the way you prefer. These approaches include:

What is Nolo website?

Websites like AllLaw.com (and Nolo.com) don't just provide you with practical information on all aspects of a legal issue, they're also portals to getting help from a qualified attorney in your area. Use the "Chat" and "Case Evaluation" tools right on this page to tell us a little bit about your situation, and take your first step toward the best outcome for your personal injury case.

How much responsibility does an injured party have to have for an accident?

This means that the injured party must not be more than 49 percent responsible for the accident if they want to seek compensation for the injuries they received.

Why do you need an accident attorney?

Working with an accident attorney ensures that the insurance company complies with all the terms of their insurance policy and state laws for injury compensation.

Why do insurance companies try to avoid paying for this type of care?

To make it worse, the insurance company will try to avoid paying for this type of care because it is very costly. Having an attorney represent you case increases the likelihood that you receive compensation for all your current and future medical costs related to the injury.

What happens when you get injured in an accident?

When serious injuries occur as the result of an accident, you may be facing extended medical care or even life-time care. The cost for this type of medical care will be very high.

What are the side effects of an accident?

Loss of income, missing school, or being unable to participate in activities that you do on a regular basis are all serious side effects from an accident. Under the law, you have the right to seek compensation for your financial losses that incurred as the result of the accident.

What questions do people ask after they are injured?

One of the most common questions that a person has after they have been injured is “Do I need a lawyer? Or should I just handle details myself ?”

What happens if you have a long term injury?

If there are going to be long term effects from your injury, your lifestyle will change. This may include the inability to return to your current job or profession , the need for special renovations to your home and vehicle, and loss of income for the rest of your life.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

What happens if you can't afford a criminal lawyer?

It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them. It is also important to keep in mind that if an individual is sentenced to jail time, they will not be able to earn an income and may lose a job.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

How to file an injury claim against the government?

Your best first step, if you think a government agency might be responsible for your accident injuries, is to contact the clerk's office for that agency and ask about the process and requirements for filing an injury claim. You can also start by doing an online search using a phrase like "claim against [name of state/city/county] government."

How long do you have to file a claim after an accident?

Cities, counties, and other governments are free to set the rules under which they can be held liable for causing injuries or property damage. As a result of that freedom, most municipalities have put strict procedures in place for a claimant to follow before he or she can get compensation for an injury. You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases.

Can you sue a government employee for an accident?

From a procedural standpoint, the kind of case you're talking about is not a " lawsuit "—at least, it won't start out as one. You cannot usually just file a lawsuit against a government agency or government employee after an accident, the way you would a private citizen or business.

What is personal injury law?

Personal injury law, also known as tort law , is in place especially to ensure safety and justice for those who have had damage inflicted on them by others. The law offers protection to victims by ensuring they get just compensation against intentional or unintentional injuries caused due to someone else’s fault. However, personal injury law encompasses a wide range of case types and there are many types of personal injury lawyers out there with each specializing in certain areas.

What is an unintentional tort?

Unintentional tort in personal injury law refers to the injury or harm caused due to carelessness or negligence, or those caused unintentionally. When someone unintentionally causes harm to another, according to personal injury law, he or she is responsible for being negligent.

How to claim slip and fall injuries?

To claim injuries for slip and fall cases, you’ll have to approach a premises liability lawyer who’d help you prove that the property owner should have known about the danger and failed to act or deal with the threat.

What is slip and fall?

Slip and fall cases, also known as premises liability, are the next most common type of personal injury cases after automotive accidents. These include injury cases that result from an unsafe or defective condition on someone’s property. It may involve any public, private or commercial property such as restaurants, malls, retail stores, gas or petrol stations, someone’s home, a public swimming pool or property given on rent.

Why are construction sites dangerous?

Construction sites usually have a high rate of accidents, since even minor negligence can lead to severe devastation. Instances, when construction companies fail to implement protective measures or meet safety standards for their workers as well as the general public, can lead to personal injury.

How to make sure you get the best representation and compensation for your injuries and other damages?

To make sure you get the best representation and compensation for your injuries and other damages, you need to ensure that you appoint the right type of lawyer. You should engage someone who has experience of handling personal injury cases of a similar nature to yours.

How many victims of sexual abuse are under 18?

Both children and adults may be a victim of sexual abuse. The US department of justice states that 44% of the victims are under 18 years of age. Child abuse cases are more sensitive as most of the times the victimized children don’t even realize that they’re being abused and even if they do, they don’t have the physical strength to defend themselves. Moreover, children also find it difficult to clearly narrate the incident to others.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

Why do you need a lawyer?

That's because: Your lawyer can help you make sure you get the full spectrum of damages you're entitled to. Lawyers are experts in negotiation and can maximize your recovery. The insurers and defendants may take your claim more seriously once you're represented by an attorney.

How does contingency fee work?

Contingency fee agreements work by allowing the lawyer to collect compensation right out of your settlement or damage award. It is common for the agreement to be structured based on a percentage of the amount of money you receive. For example, the agreement may stipulate that the lawyer gets 30 percent if you settle before a lawsuit is filed, one-third if you settle after the lawsuit is filed but during the discovery process, or 40 percent if the case actually goes to trial and damages are awarded by a jury.

Why do people hesitate to hire a lawyer?

Affording a Lawyer: Contingency Fee Agreements. Another primary reason people may be reluctant to hire a lawyer is out of fear of paying legal fees. But almost all personal injury lawyers work on something called a contingency basis.

Why don't people hire lawyers?

One reason many people cite for not hiring a lawyer of their own is that they have insurance, or that the other party has insurance. You may believe that insurance companies are there to look out for you. But in many cases, the insurance company's interests are directly at odds with yours:

What are the most important issues to learn about?

Make sure you learn about the most important issues, including fault and legal liability, state laws that affect your case, and compensation available for different types of damages. This can involve a lot of time and research in order to understand the particulars of the law.

What happens if you are in a car accident with no injuries?

One of the most common types of case involves injuries caused in auto accidents. Someone might rear-end you at a low speed and cause minor damage to your vehicle. The injuries to yourself or your passengers might result in a few visits to the doctor's office.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

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