You just got in an accident and you are hurt.  Most people don’t know what to do or who to call.  Some Attorney Marketing experts say to look online to find a lawyer.  We’ve all heard about big dollar settlements from cases where someone was hurt, but probably don’t know one of these people personally.  And we probably are not attorneys either so we don’t know the law and what our rights are.  So how do you know if you need to hire a lawyer?

Every type of tort claim, whether it is a Las Vegas Personal Injury claim or in another jurisdiction, has two basic issues – Was there liability & are there damages?  If you were hurt in an accident, you should get legal advice before signing any documents.  In this example, a competent Injury Lawyer will be able to take in all the facts of your case, and based on their expertise in this area will be able to advise you.  Based on other cases they have tried in the past, they will be able to let you know whether the other party is liable for your injuries, and also whether you can prove it in court.

Automobile accidents are the area that most personal injury actions happen.  You need to prove the other person was negligent in the accident.  If you are in a “fault” state, you need to prove negligence by showing that the other driver failed to exercise reasonable care.  All drivers have a responsibility to exercise reasonable care when they drive on the roads.  When the other driver breaches that responsibility and you are injured, then personal injury law states you can file suit for your losses.  However the system is different in states that have passed no-fault laws.

Negligence isn’t the only basis for personal injury claims.  Strict Liability is important & a growing area of tort law.  It means that if a product is defective, the designer or manufacturer is strictly liable for any injuries caused by that product.  You don’t have to prove negligence here, but you do need to prove the products design or manufacturing process made the product dangerous when used the way it is supposed to.

Another basis for injury claims are Intentional Wrongs.  You don’t see those cases filed as much, but it is still valid.  Lets say someone hits you in the face, even if they are joking around, you could possibly win a suit for battery.  Or you are shopping in a store, and the security guards think you have stole something and detain you wrongfully.  You could be able to win a lawsuit for wrongful imprisonment.  These are civil claims, and they could also face criminal charges, but personal injury claims fall under the civil category.

You have to be able to prove that you suffered damages also.  Did you lose any time at work?  Did you suffer any physical injuries from the accident?  Are the nature of your damages large, or did you suffer to a great extent?  The law states that you can file suit for your pain and suffering.  But just getting hurt does not automatically qualify you to collect a lot of money.  You still need to prove this to a judge or jury in court, and the court will decide what your compensation is for your losses.  Likely, it won’t get to court & your attorneys will come to a settlement.

The last thing to consider is the length of time you have to file a claim.  Many states statue of limitations are different.  What this means is that you have a limited amount of time to file the case.  The time limit can be as little as one year to file a lawsuit for an auto accident.  If that time passes, then you lose your right to sue, or you case can be thrown out of court.