Accidents happen when we least expect them. One moment you’re fine, and the next, you’re dealing with injuries, pain, and stress. If someone else caused your injury, you may be able to file a personal injury (PI) claim. But the legal process can be confusing. That’s why we’ve answered some of the most common PI questions—straight from a lawyer’s perspective.
According to the National Safety Council, about 62 million people in the U.S. sought medical attention for injuries in 2021. Many of these cases involved personal injury claims. If you’re one of them, the Jacoby & Meyers Sacramento injury lawyers can help you understand your rights and get the help you deserve.
Here’s what you need to know:
What Is a Personal Injury Claim?
A personal injury claim is a legal process to get compensation after someone else’s actions cause harm. It could be a car crash, a slip and fall, a dog bite, or medical negligence. The goal is to recover money for things like medical bills, lost wages, and pain.
Do I Have a Valid Personal Injury Case?
Not all accidents lead to a valid claim. A lawyer will check four things:
- Did someone owe you a duty of care?
- Did they break that duty?
- Did that cause your injury?
- Did you suffer real harm?
Your case may be valid if the answer is “yes” to these. Even minor injuries matter if they affect your life.
How Long Do I Have to File a Claim?
You can’t wait forever. Each state has a deadline called a “statute of limitations.” In California, for example, you usually have two years from the date of the injury. If you miss this deadline, you may lose your chance to file. It’s always smart to check early.
How Much Is My Case Worth?
Each case is different. A lawyer will look at:
- The seriousness of your injuries
- Medical treatment costs
- Lost income
- Pain and suffering
They may also look at future effects, like whether you can’t return to work. Remember, minor injuries can still mean big claims if they change your life.
Do I Need a Lawyer for a PI Claim?
You don’t have to hire a lawyer, but it helps. Insurance companies may offer low settlements. A lawyer knows how to deal with them and can help you get a fair amount. Also, legal procedures can be tricky. A good lawyer handles the paperwork, deadlines, and stress.
What If I Was Partly at Fault?
Sometimes, both sides share the blame. But you can still recover money in many states. For example, if you were 20% at fault, you could still get 80% of the total compensation. This rule is called comparative negligence. A lawyer will explain how your state handles this.
Will My Case Go to Court?
Most personal injury cases don’t go to trial. About 95% of them settle before seeing a judge. But sometimes, your lawyer may suggest going to court if the other side won’t agree to a fair deal. They’ll guide you every step of the way.
How Long Will the Claim Process Take?
It depends. Some cases take a few months. Others can take over a year. It depends on:
- How complex the case is
- How long your medical treatment takes
- Whether the case goes to court
The more serious the injury, the longer it may take to fully understand its long-term effects and to ask for the right amount.
What Should I Bring to My First Lawyer Meeting?
The more info you have, the better. Try to bring:
- Medical records or hospital bills
- Accident or police reports
- Pictures of injuries or damage
- Names and contacts of witnesses
- Your insurance info
A lawyer can help even if you don’t have everything yet.
Wrapping Up
Personal injury claims can feel overwhelming, but knowing the basics makes it easier. With the right help and clear information, you can focus on healing while your lawyer handles the rest.
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