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Personal Injury Law Is More Complex Than You Think

I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.


Personal Injury Law Is More Complex Than You Think

Finding Justice for Your Auto Accident

by Christine Wagner

If you've been injured or wronged physically, psychologically, or financially in a car crash that wasn't your fault, then there is a good chance that you have a strong personal injury case. To help you figure out if you have a valid lawsuit on your hands, here is a small introduction to auto accident personal injury lawsuits.

What is a personal injury lawyer?

The first thing you need to know is what a personal injury lawyer is. They are lawyers who specialize in tort law, or cases where an individual was harmed by another individual, a corporation, or a government. They help win lawsuits and compensation for individuals, as opposed to criminal lawyers who seek to prove whether a defendant is innocent or guilty.

Many personal injury lawyers have a self-proclaimed specialization, such as slip-and-fall accidents, faulty and defective products, medical malpractice, or automobile accidents. This article will focus primarily on the last variety. 

Does my accident qualify?

If you were not at fault in your accident, then there is a good chance that you have a case. For instance, if you were rear-ended, crashed because of an equipment malfunction, or were involved in an accident with a driver who was under the influence, then you will probably win your case.

Consulting a personal injury lawyer is the simplest way to figure out the strength of your case. Many lawyers offer free consultations, and can explain the specifics of how the lawsuit would work, as well as details regarding payment. Some lawyers will only receive payment if you win, which is known as a contingency fee.

What kind of compensation should I expect to receive?

Depending on the severity of the accident, you can expect a large amount of variation in compensations. If your vehicle was the only thing damaged, you might receive only enough to cover repairs. However, if you sustained physical or psychological damage, then the payout could be much more.

Additionally, the compensation can depend on exactly how much at fault the other party was. For instance, an accident that was exacerbated by dangerous road conditions might not be compensated as a highly as a situation where the offending party was clearly under the influence of a substance such as alcohol.

What is a class action lawsuit?

In some specific situations, such as the catastrophic failure of a mechanical component in a car, a class action lawsuit could be formed. In these cases, you are not the only plaintiff. Instead, you are simply part of a large group which will reward each individual a sum of money depending on if the case is won.