|
|
Do I have any other options aside from a lawsuit? |
 |
 |
 |
|
You are permitted to negotiate with the other party or his or her insurance company without a lawyer. However, it is likely that such negotiation is beyond your skills, and you will have a much better chance of a positive outcome if you have a lawyer. In addition to, or perhaps instead of, making a tort claim, you might want to pursue other methods of complaint. Consumer protection agencies can be found in every state. State attorney generals' offices offer information and accept complaints. You also can contact state boards that regulate the conduct of lawyers, doctors, veterinarians, and even barbers. Check the government listings in your telephone directory for the numbers of these agencies. American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association |
|
|
Does a personal injury lawsuit have to be filed within a certain amount of time? |
|
|
|
|
Every state has certain time limits, called statutes of limitations, which govern the period during which you must file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit from the date the accident occurred. If you miss the statutory deadline for filing a case, your case is thrown out of court. (As explained on page 535, limitations in medical malpractice cases are often calculated differently.) For this reason, it is important to talk with a lawyer as soon as you receive or discover an injury. American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association |
|
How do I know if I have a personal injury case? |
|
|
|
|
First, you must have suffered a legally recognized injury to your person or property. Second, your injury must be the result of someone else's fault. Your injury need not be physical to bring a personal injury lawsuit. Suits may be based on a variety of nonphysical losses and harms to your reputation or psyche. In the intentional tort of assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that it caused an expectation that some harm would come to you. (Assault is described in more detail below.) You also may have an action if someone publicly has attacked your reputation (the tort of defamation), invaded your privacy, or negligently or intentionally subjected you to emotional distress. American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association |
|
|
If I have suffered a personal injury and think I have a case, how do I go about finding a personal injury lawyer? |
|
|
|
|
Contact a local bar association for referrals to lawyers who handle personal injury cases, talk with lawyers you know, or ask your friends about lawyers they know or have used. You can find the telephone number of the local bar association in your telephone directory. Most lawyers offer free consultations, so you are able to meet with as many as you like. Choose a lawyer you feel most confident about--and comfortable with--to handle your case. Chapter 1, "When and How to Use a Lawyer," gives you more guidance on finding the right lawyer for your case. Many personal injury lawyers advertise in a wide variety of media, including radio, television, yellow pages, billboards, and newspapers. But remember that the selection of a lawyer is an extremely important step and one that should not be taken lightly. Keep in mind that the law of torts is constantly evolving. Many areas of tort law are complex and require a lawyer with expertise in that particular area. Particularly if you believe that you have a medical malpractice, product liability, or toxic tort case, use care in selecting counsel. If a case is outside a lawyer's usual practice area, the lawyer has an ethical obligation to tell you and may refer you to someone who can better represent your interests. American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association |
|
Should I bring any documents with me to the consultation? |
|
|
|
|
Yes, you should supply any documents that might be potentially relevant to your case. Police reports, for example, contain eyewitness accounts and details about conditions surrounding auto accidents, fires, assaults, and the like. Copies of medical reports from doctors and hospitals will describe your injuries. Information about the insurer of the person who caused the injury is extremely helpful, as are any photographs you have of the accident or of your injury. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven't collected any documents at the time of your first meeting, don't worry. Your lawyer will be able to help you obtain them. American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association |
|
|
|
|
<< Start < Prev 1 2 3 4 5 6 Next > End >>
|
|
Page 1 of 6 |
Reib Law is always looking for strong talent to add to our team. If you think it has what it takes please email your resume to jobs@reiblaw.com. 