A personal injury lawyer may handle a range of cases arising from accidents, negligence, or intentional harm that causes harm to an individual’s body, mind, or emotions. When individuals find themselves victims of such unfortunate events, they often turn to the expertise of personal injury lawyers to seek justice and compensation. In this blog, we will:
- better understand personal injury law
- explore the roles and responsibilities of personal injury lawyers
- understand why their services are crucial for those seeking redress
Personal injuries are injuries to your person as opposed to your property. The injuries can be physical in nature, or they can be injuries to your personal rights as guaranteed by the laws and constitution of the United States.
Causes of Personal Injury
Usually, lawyers use the term “personal injury” to refer to a wide range of legal cases resulting in physical and mental injuries caused by:
- car accidents
- truck accidents
- motorcycle accidents
- slip, trip, and fall accidents
- medical malpractice
- intentional injuries such as assault
- injuries to your rights as a person, such as false imprisonment
These injuries differ from “injuries” to property, such as vandalism or property damage. They may result in claims against an insurance company, like claims for weather-related damage to a home or business.
Result of Personal Injuries
Personal injury cases can result in a wide range of physical and mental injuries, such as:
- Whiplash
- Spinal Cord Injuries
- Ligament Tears and Other Ligament Injuries
- Torn Rotator Cuff
- Herniated Disc
- Traumatic Brain Injuries (TBI) and Concussion (Mild Traumatic Brain Injury)
- Broken Legs, Broken Arms, Broken Collar Bones, and Other Broken Bones
- Nerve Injuries and Complex Regional Pain Syndrome (CRPS)
- Paralysis
- Death
Personal injury law, also known as tort law, covers cases where an individual has suffered harm due to the actions or negligence of another party. As discussed above, these cases can involve a variety of situations, including product defects. The primary goal of personal injury law is to compensate the injured party for their losses and hold the responsible party accountable for their actions. However, this could include injuries statutorily carved out of tort law, like worker’s compensation injuries. In these cases, maybe no one is at fault for your injury.
How a Personal Injury Lawyer Can Help a Worker’s Compensation
A workers’ compensation claim is a legal process to provide financial and medical benefits to employees who sustain injuries or illnesses in the course of their employment. This system is to protect the employer and the injured worker by offering a streamlined and fair mechanism for addressing workplace injuries.
When an employee is injured on the job, they have the right to file a workers’ compensation claim. This typically covers medical expenses, rehabilitation costs, and a portion of lost wages during the injured worker’s recovery.
Unlike traditional lawsuits, workers’ compensation is a no-fault system. This means that injured employees are entitled to benefits regardless of who is responsible for the workplace injury. Employers, in turn, benefit from the protection against potential lawsuits from injured employees This ensures a more efficient resolution of workplace injuries and fosters a safer work environment.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer is a legal professional who specializes in representing individuals who have suffered harm or injury due to the negligence, intentional wrongdoing of others, or injuries suffered at work. These attorneys are competent in personal injury law. They have a commitment to helping their clients navigate the complexities of the legal system to secure fair compensation for their losses. Our personal injury law firm prides itself on helping people. We help injured people when they need help the most. We take a great amount of satisfaction in making our clients “whole” for the losses they suffered to the extent that financial compensation can make them whole.
At Stein Whatley Astorino, PLLC, we start with a free legal consultation. The primary responsibility of a personal injury lawyer is to provide a comprehensive legal consultation to potential clients. During this initial meeting, our trustworthy personal injury lawyers assess the details of the case. Additionally, they’ll gather relevant information and determine the viability of pursuing legal action. They help clients understand their rights, potential legal options, and the expected course of the legal process.
Our diligent personal injury lawyers conduct thorough investigations to gather evidence that supports our client’s claims. This may involve obtaining accident reports, interviewing witnesses, collecting medical records, and consulting with experts to establish liability. A well-supported case is crucial for negotiating full and fair settlements or presenting a strong argument in court.
We serve as advocates for our clients throughout the legal process. Whether negotiating with insurance companies or presenting cases in court, our attorney’s legal expertise ensures the protection of our client’s rights. We handle all legal procedures, paperwork, and communication with opposing parties, allowing clients to focus on their recovery.
How are Personal Injury Cases Resolved?
Many personal injury cases are resolved through negotiations outside of the courtroom. Stein Whatley Astorino, PLLC, is able to resolve most cases without having to file a lawsuit. Our expert lawyers use their negotiation skills to reach full and fair settlements with insurance companies and responsible parties. Our aim is to secure compensation that covers medical expenses, lost wages, pain and suffering, and other damages suffered by our clients.
However, if a fair settlement cannot be reached through negotiation, our reliable personal injury lawyers are ready to take the case to court. We will file the necessary court documents, present evidence, examine witnesses, and argue the case before a judge and/or jury. Courtroom experience is crucial for personal injury lawyers, who must effectively articulate their clients’ claims and legal arguments.
Personal injury cases in Kentucky and Indiana are subject to a statute of limitations. This means you have a limited time to file a lawsuit to recover for those damages. If you do not file a claim or a lawsuit in time, your claim will be rejected even if you would have had a good case otherwise. Time is of the essence. Contact Stein Whatley Attorneys, PLLC, immediately to avoid statute of limitation issues that could let the bad actor avoid responsibility for your personal injury.
Legal Limits to Keep in Mind
In addition to the statute of limitations, there can be other types of legal limits or procedures that you have to go through, such as notification before filing a suit. Many otherwise valid claims are thrown out of court when people acting without the guidance of good personal injury attorneys fail to follow the proper court procedures. A knowledgeable personal injury law firm will know the procedural requirements necessary to move your personal injury claim forward.
People who suffer injuries in these types of cases often don’t even realize that these time limits start running before fully recovering. In some cases, recovery can take more time than is allowed by the law to file the claim in the first place. Insurance companies use these legal limitations to avoid paying valid personal injury claims. Read more about tactics insurance companies use against injury victims. Our personal injury lawyers will deal with the insurance companies and all the procedural maze so you focus your energies on your recovery.
In the realm of personal injury law, experienced lawyers play a crucial role in ensuring that individuals who have suffered serious injury and harm receive the justice and compensation they deserve. Their expertise in navigating the legal landscape, advocating for their client’s rights, and seeking fair settlements or court verdicts makes them invaluable allies for personal injury victims in the aftermath of accidents or intentional harm.
Work with an Attorney Who Will Fight For You
As personal injury victims face the challenges of recovery, a trusted personal injury lawyer becomes a steadfast partner. They can guide them through the legal process and work tirelessly to secure the best possible outcome for their case.
At Stein Whately Astorino, PLLC, our personal injury attorneys have experience dealing with both relatively minor injury claims as well as catastrophic injuries, which can result in permanent injury or even death. No matter what personal injury you have suffered, if you call Stein Whatley Astorino, PLLC, you can rest easy knowing our experienced personal injury attorneys will take care of the day-to-day handling of your case. At the same time, you focus on your recovery and your family.
You have a limited amount of time to file a personal injury claim. If you have been injured and it’s not your fault, call Stein Whatley Astorino, PLLC, today for a free case evaluation. Also, check out what our clients have to say about us in their own words.