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PERSONAL INJURY INFORMATION
What is a Personal Injury?
A Personal Injury is any physical or mental
injury to a person as a result of someone's
negligence or harmful act. Sometimes personal
injury may be referred to as bodily injury.
Personal injuries can occur in a wide variety of
ways.
The following are some of the most
common accidents resulting in personal
injury:
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Animal Attacks
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Ankle Injuries
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Assault & Battery
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Automobile accidents
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Automobile Design Defects
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Aviation Disasters
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Back Injuries
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Bed Sores or Infections
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Boating Accidents
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Brain Damage
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Burn Victims
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Construction Accidents
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Failure to Protect Alzheimer's
Patients
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Foot Injuries
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Fractured Bones
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Knee Injuries
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Loss of Limbs, Eyesight and Hearing
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Malfunctioning equipment or consumer
goods
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Medical Malpractice
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Motorcycle, Railroad and Trucking
Accidents
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Neck Injuries
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Neglect Causing Injury or Death
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Nursing Home Negligence
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Paralysis
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Paraplegia
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Premises Liability
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Prescription Error Causing Injury
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Product Liability including:
dangerous or defective product
injuries, chemicals and cosmetics ,
firearms, machinery and tools,
medical products and devices,
pharmaceuticals
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Rollovers and Defective Seatbelts
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Significant Scarring
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Unsafe premises accidents
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Wrongful Death including:
automobiles, trains, boats, planes,
chemicals
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What financial compensation can I get in a
personal injury claim?
Personal Injury Victims are entitled to recover
money damages for all losses and expenses they
incur as a result of an accident.
The damages may include the following:
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Medical Bills
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Lost Wages, including overtime
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Pain & Suffering
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Physical Disability
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Disfigurement
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Permanent Scars
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Emotional Trauma
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Mental Anguish
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Loss of Enjoyment
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Loss of Love & Affection
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Embarrassment
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Mental Disability
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Property Damage
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All out of pocket expenses
including:
transportation charges, house
cleaning, grass cutting, and others
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How do I know if I have a Personal Injury
claim?
To have a personal injury case, you must be able
to show that you have been injured. This may be
a physical injury or it may be an emotional
injury. In addition, you must be able to show
that someone else (the defendant) is at fault
for your injury under a negligence, strict
liability or intentional misconduct theory. In
some cases, it may be necessary for you to show
that the other party is more at fault for the
injury than you are.
How do I know if I may need an attorney?
If you have been seriously injured or are unsure
as to the outcome of your injury, then an
experienced personal injury attorney should
always be consulted before you give any
statements or sign any papers of any kind and as
soon after your injury as possible.
In a serious injury case, you are better off
hiring an attorney as soon as possible. Most
firms offer a free consultation with no
obligation therefore you have nothing to lose by
consulting an attorney before you accept the
insurance company offer.
There is a statute of limitations that requires
you to file suit within a specific period of
time, depending upon the circumstances of your
case, or else you will be prohibited from
obtaining any compensation for your injuries. An
attorney will be able to help you keep within
the statute of limitations.
What is a Contingency Fee?
A contingency fee is a fee that is used by
lawyers in most personal injury cases. It is
contingent when the fee is conditioned upon your
attorney's successfully resolution of your case.
A contingent fee is paid as a percentage of your
monetary recovery. A contingent fee is what is
meant when you hear "there is no fee unless
there we recovery". The client is generally
responsible for the out-of-pocket costs of
litigation.
If I have a personal injury claim do I have to
go to court?
Most personal injury cases are settled out of
court between opposing lawyers or by the
insurance company. If a case does go to trial
you most likely will have to appear so that your
testimony can be heard.
How long do I have to make a claim for
Personal Injuries?
Every state has certain time limits, called
"statutes of limitations," that govern the
period during which you must file a personal
injury lawsuit. In some states, for example, you
may have as little as one year to file a lawsuit
from an automobile accident. If you miss the
statutory deadline for filing a case, your case
is thrown out of court. The statute of
limitation in Texas for personal injury and
wrongful death cases is generally two years from
the date of the incident.
What are the Statutes of Limitations?
The statutes of limitations are time frames in
which you have to file a lawsuit. When the
statute of limitations expires on your case, you
simply don't have a case anymore. Statutes of
limitation differ not only from state to state,
but also in regard to the kinds of lawsuits
involved. In some states the statute of
limitations for medical malpractice, suits
against governmental agencies, and wrongful
death actions is shorter than that for other
types of personal injury cases. In general,
however, the statute of limitations for personal
injury cases is from one to three years, and the
time begins from the time of the accident. There
are some exceptions and an experienced lawyer
can help you with them. The statute of
limitation in Texas for personal injury and
wrongful death cases is generally two years from
the date of the incident.
How long will it take to settle my claim?
The time it takes to settle a personal injury
case depends on the circumstances surrounding
the case. The more complex the case the longer
it may take to settle. Many cases can take
anywhere from 3 to 18 months to settle depending
on its complexity.
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