A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else’s fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Some personal injury claims could be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person’s action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

Q: How soon after I am injured do I have to file a lawsuit?

A: Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

Q: What should I bring with me for my meeting with a lawyer?

A: You should provide a lawyer with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding auto accidents, fires, and assaults. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, your property damage, and 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, however, don’t worry; your lawyer will be able to obtain them in his investigation of your claim.

Q: What if a person dies before bringing a personal injury lawsuit?

A: It depends on whether the person died as a result of injuries from the accident or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person’s estate.

Q: What is “negligence?”

A: The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an “ordinary reasonable person” would have acted. The determination of whether a given person has met the “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

Q: What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?

A: Yes. Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.

Q: Will the person who caused my injury be punished?

A: Not in the traditional sense of the word. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called “punitive damages,” which are designed to punish defendants who have behaved recklessly or intentionally against the public’s interest. The goal in ordering the payment of punitive damages is to discourage such defendants and others from engaging in the same kind of harmful behavior in the future.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Experience

An important factor to consider when selecting a personal injury lawyer is whether he or she has experience in and concentrates his or her legal practice on personal injury law. An attorney whose primary focus is personal injury law is often at an advantage in that he or she understands the complexities of personal injury lawsuits, can more easily keep abreast of the latest developments and ever-evolving laws, and is more likely to know the habits and tactics of opposing counsel.

Additionally, a lawyer who has demonstrated experience in personal injury litigation may have also gained credibility with insurance companies and their lawyers and thus have “less to prove” in order to achieve a favorable settlement on his or her client’s behalf.

Record of Past Successes

Another factor worth considering is whether a particular personal injury lawyer has experience trying cases, winning favorable verdicts, and negotiating favorable settlements. Knowing that an attorney is a skilled litigator and negotiator can add to your overall sense of security.

Billing and Fee Structure

Personal injury lawyers typically work on a contingent-fee basis under which the client is responsible for costs but pays attorney’s fees only if he or she obtains a favorable settlement or verdict. In a typical contingent fee arrangement, attorney’s fees, sometimes called legal fees, are calculated as a percentage of the recovery. Although it may be tempting to choose a lawyer based on who will take the lowest percentage, fees alone should not be the determining factor.

Initial Consultations

Because many lawyers provide initial consultations free of charge in personal injury cases, you may be able to interview multiple lawyers before selecting one to handle your case. Care should be taken, however, to make your selection in a relatively short period of time to avoid the loss of key evidence and to ensure that your claim is not barred by the passing of time.

Conclusion

Once hired, your attorney should be responsive to your needs. He or she should answer your questions satisfactorily, return your phone calls promptly, and, most importantly, represent your interests zealously. If at any time you become dissatisfied with your attorney’s legal representation, you may be able to change attorneys without penalty; however, because changing attorneys while your case is pending can result in substantial delays and additional expenses, taking the time to select the appropriate attorney in the beginning can save time and money in the future. To find out if a personal injury attorney at our firm is right for you, contact us today to schedule a consultation.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds.

Q: Can I refuse a Breathalyzer® test?

A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

Q: Are breath-test results always accurate?

A: Some courts allow the defendant in a drunk-driving case to challenge the scientific accuracy of breath tests in general, whereas others may allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will probably have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.

Q: What if I lose my license but continue to drive?

A: If a person whose license has been revoked or suspended due to drunk driving chooses to drive without a valid license and is pulled over, he or she stands to suffer more serious consequences, including possible fines, imprisonment, forfeiture of his or her vehicle or extension of the license revocation/suspension. The more prudent course of action is to rely on friends and family for rides or use public transportation during a license revocation or suspension.

Q: How can I get automobile insurance after a drunk-driving conviction?

A: Although your rates will likely be higher, your insurer may continue to insure you even after a conviction. A subsequent clean-driving record may result in lower rates in the future. If your insurer drops you as a result of the conviction, another insurance company may be willing to accept the risk. In fact, some companies specialize in offering nonstandard insurance to drivers who have been convicted of drunk driving, but the rates are much higher. Another possible source of insurance for high-risk drivers may be state insurance programs created for just these types of drivers.

Q: What is the punishment for drunk driving?

A: Drunk-driving convictions carry serious penalties that vary some among the states. Although courts may go easier on first-time offenders, even in first-offense cases the possible sentences usually include stiff fines and jail time. If the circumstances warrant it, however, the court may choose less-restrictive options or a combination of options, including probation, diversion programs, community service, alcohol awareness education, abuse counseling, ignition interlock systems, home monitoring, suspension of vehicle registration, vehicle impoundment or in-house alcohol treatment. For subsequent offenses, the likelihood of imprisonment and the steepness of fines usually increase and in all cases the loss of driving privileges-at least temporarily-is almost guaranteed.

Q: How can I get to work if I cannot drive?

A: Many drunk-driving offenders are forced to rely on public transportation or rides from friends, family or co-workers for transportation to and from work during periods of license suspension or revocation. In some states, an offender may be granted a hardship license, sometimes called a limited license or probationary license, allowing him or her to drive just to and from work, school or medical appointments. Some states require an alcohol evaluation as part of the limited license application. If an offender with a hardship license is caught driving outside of its strict limitations, further penalties may be imposed.

Q: What is the best way to beat a drunk-driving charge?

A: The best way to avoid being convicted of drunk driving is to not drink and drive. Use a designated driver, call a taxi, call a friend or don’t drink alcohol if you are going to need to drive within a few hours. For some people, even one drink can impair their driving abilities. However, if you have been charged with driving under the influence, an experienced drunk-driving defense lawyer can work to improve the outcome of your case.

Q: If I simply intend to plead guilty, why do I need a lawyer?

A: Even if you did unsafely drink and drive, experienced legal counsel may be able to help minimize your legal problems and maximize your opportunities to move ahead toward a brighter future. A criminal defense attorney helps to equalize the balance of power between the defendant and the prosecution and works to preserve the constitutional rights that are guaranteed to all criminal defendants.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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