Why Should I Start My Claim Today?

Suffering an injury due to someone else’s negligence can be a life-altering experience, leaving you with severe injuries, piling medical bills, lost wages from missed work, and a long list of other headaches.

Whether it’s a car accident, a slip and fall, or medical malpractice, filing a personal injury lawsuit may be your best bet to get the compensation you need and deserve to get your life back on track.

Seven Things to Know First About a Personal Injury Lawsuit

1. If You Were Hurt Because of Someone Else, You May Be Compensated

Personal injury law, also known as tort law, allows individuals who have been harmed due to another party's negligence or wrongdoing to seek compensation. Common types of personal injury cases include:

• Car accidents
• Slip and fall incidents
• Medical malpractice
• Workplace injuries
• Product liability cases
• Wrongful death

To win a personal injury lawsuit, the plaintiff must prove that the defendant’s negligence directly caused their injuries.

2. Different States Have Different Laws

For certain personal injury cases, such as a car accident, figuring out who is at fault can be confusing. First, it’s important to understand the difference between no-fault states and states that use at-fault laws.

At-Fault States

At-fault states, also called tort states, require someone to be found “at fault” for causing the accident in order for damages to be paid out. In at-fault states, the driver or drivers responsible for causing the accident are held financially responsible for any bodily injury or property damage that results from their negligence. These states have a system of comparative negligence where the amount of compensation received by an injured party is reduced if they are partially at fault themselves.

No-Fault States

No-fault states don’t assign blame or require proof of fault to receive compensation after a car accident. Instead, they use personal injury protection (PIP) coverage, which is an added auto insurance coverage that covers medical expenses and lost wages regardless of who caused the crash. This means that when an accident happens, both parties involved file claims with their respective insurance companies instead of filing a lawsuit against one another. Each state has its own rules about what is covered under PIP, so it’s important to research your state’s specific requirements before purchasing auto insurance coverage with PIP benefits. 

3. You Should Get Some Form of Medical Care, Even in Minor Situations

Emotions run high after an accident. Even if there isn’t physical damage that you can see, there could be internal injuries or adrenaline-concealed pain that aren’t affecting you yet. Seeking medical attention can help alert you and protect your well-being. 

Your health is what’s most important, and failing to seek medical care is a very serious risk. If you don’t opt for medical treatment at the accident scene and start experiencing pain or discomfort, you should still see a doctor. 

On the legal side, that trip to the hospital or visit to the doctor also creates your first piece of evidence for a personal injury lawsuit: an official medical record. It also demonstrates that your injuries were serious and that you took them seriously.

4. The Clock Is Ticking: There’s a Deadline to File

Everyone pays into their policy for a reason. If you’re covered against the damage of an accident, you should file a claim with your provider as soon as possible. Failing to do so can put you outside of your statute of limitations and deem you ineligible for compensation.

This timeline varies based on the type of injury you sustained and the jurisdiction your accident occurred in. For more information about your specific statute of limitations, contact our team.

5. Anything You Say Can Be Used Against You, So Talk to a Lawyer First

Police reports form the foundation of many types of accidents. Even if your situation doesn’t involve the police, victims must speak strategically to avoid putting themselves in a legally complicated situation.

Any admission of fault can be later used against you. Something as simple as saying “My bad” or “I’m sorry” can create legal hurdles later down the line, so it’s best to stick to what you know, avoid admitting fault, and not speculate about behavior.

6. Keep Your Receipts

Evidence—or lack thereof—makes or breaks your case. If possible, take photos and videos of the scene, hold onto them, and make copies. Ask for police reports if available, too, and document any expenses stemming directly from the accident.

It’s important to recover as much evidence as soon as possible. Time can erode the finer details of accident situations and leave victims with just their words as arguments, so it’s important to act fast. For the best results, speak with a lawyer promptly after your accident to learn how to prepare your claim.
 

7. Team Up With an Experienced Law Firm

Personal injury lawsuits are delicate and complicated situations that must be handled with care. Without an experienced lawyer by your side, you run the risk of losing out on the compensation you need to cover the financial burden of your accident, so it’s important to choose your representation carefully.

There are thousands of options when it comes to legal representation, but there’s only one Morgan and Morgan. We’ve recovered over $25 billion fighting For the People wronged by the negligence, carelessness, or intentionally reckless behavior of a third party, achieving an extensive track record of success along the way. 

Steps to Filing a Personal Injury Lawsuit

The legal process can be complex, but it generally follows a common series of steps. Make sure you follow them carefully and seek legal guidance when you’re uncertain of the best choice.

1. Seek Medical Attention

Your health should be your top priority. Even if injuries seem minor, seeking medical care ensures proper documentation, which is crucial for your case. Medical records provide strong evidence linking the injury to the incident.

2. Gather Evidence

As stated above, building a strong case requires as much evidence as possible, including:

• Photos and videos of the accident scene and injuries
• Police reports
• Witness statements
• Medical records and bills
• Employment records (if the injury affects your ability to work)

3. Contact Morgan & Morgan

An experienced personal injury lawyer can assess the strength of your case, advise you on legal options, and handle negotiations with insurance companies. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.

4. File an Insurance Claim

Before filing a lawsuit, you typically file a claim with the at-fault party’s insurance company. The insurer may offer a settlement, but it is often lower than what you may be entitled to. Your attorney will negotiate to get the best possible compensation.

5. File a Personal Injury Lawsuit

If negotiations fail, the next step is to file a lawsuit. This process involves:

• Drafting a complaint: A legal document outlining your claims against the defendant.
• Serving the defendant: Officially notifying the defendant of the lawsuit.
• Awaiting the defendant’s response: The defendant may admit, deny, or seek to dismiss the claims.

The Legal Process

Discovery Phase

During this phase, both sides exchange evidence and information to build their cases. This includes:

• Interrogatories (written questions answered under oath)
• Depositions (sworn, out-of-court testimonies)

• Requests for documents

   

Settlement Negotiations

Many personal injury cases settle before reaching trial. Your attorney will negotiate with the opposing party to reach a fair settlement that covers medical expenses, lost wages, pain and suffering, and other damages.

Going to Trial

If a settlement isn’t reached, the case goes to trial. During the trial:

• Both parties present their evidence and witnesses.
• A judge or jury determines liability and damages.
• A verdict is issued, and compensation is awarded if the plaintiff wins.

Compensation in a Personal Injury Lawsuit

Personal injury victims may be entitled to various types of compensation, including:

1. Economic Damages

These are measurable financial losses, including:

• Medical expenses (past and future)
• Lost wages
• Property damage
• Rehabilitation costs

2. Non-Economic Damages

These compensate for intangible losses, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement

3. Punitive Damages

In cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the defendant and deter similar behavior.

Factors That Can Affect Your Case

Several factors can influence the outcome of your personal injury lawsuit:

• Liability: Establishing who is at fault can be straightforward or complex, depending on the case.
• Comparative negligence: Some states reduce compensation if the plaintiff is partially at fault.
• Quality of evidence: Strong documentation and witness testimonies strengthen your case.
• Insurance company tactics: Insurers often try to minimize payouts; having a skilled attorney can help counter these tactics.

Why Should I Hire a Personal Injury Lawyer?

Whether you've been hurt in a car accident, slip and fall, workplace incident, or another unfortunate event, you may be wondering whether you should hire a personal injury lawyer. While you are not legally required to have an attorney, doing so can make a significant difference in your case and ultimately in your recovery. Below, we explore the key reasons why hiring a personal injury lawyer is a wise decision when seeking justice and compensation.

The Benefits of Hiring a Personal Injury Lawyer

1. Experience and Legal Knowledge

Personal injury law is complicated, with different rules and statutes of limitations varying by state. A skilled personal injury lawyer understands the laws relevant to your case and can navigate them effectively. They know how to build a strong case, negotiate with insurance companies, and take the matter to court if necessary.

2. Accurate Case Valuation

Determining how much your case is worth isn’t always straightforward. Several factors influence the value of a claim, including medical expenses, lost wages, pain and suffering, and future treatment costs. Insurance companies often attempt to undervalue claims, but an experienced lawyer will ensure you pursue the full compensation you deserve.

3. Handling Insurance Companies

Insurance companies are in the business of making money, which means they often try to settle claims for as little as possible. They may use tactics like delaying your claim, denying liability, or offering low settlements. A personal injury lawyer knows these tactics and can negotiate aggressively to ensure you receive fair compensation.

4. Proving Liability and Gathering Evidence

Proving negligence is critical in a personal injury case. A lawyer will:

• Collect police reports
• Obtain medical records
• Interview witnesses
• Work with accident reconstruction experts
• Secure video footage when available

Having strong evidence is crucial to proving your case, and an attorney knows how to compile and present it effectively.

5. Maximizing Compensation

Without legal representation, you might not receive the full amount you're entitled to. A lawyer will ensure all potential damages are considered, including:

• Medical expenses (past and future)
• Lost income and reduced earning capacity
• Emotional distress
• Pain and suffering
• Punitive damages (in cases of extreme negligence)

6. No Upfront Costs – Contingency Fee Basis

Most personal injury lawyers, including those at Morgan & Morgan, work on a contingency fee basis. This means you don’t pay any legal fees unless they win your case. This arrangement makes hiring a lawyer accessible to everyone, regardless of their financial situation.

7. Negotiation Skills

Many personal injury cases are settled outside of court through negotiations. A skilled attorney knows how to negotiate effectively with insurance companies and defense lawyers to secure a fair settlement. If a settlement cannot be reached, your attorney will be prepared to take your case to trial.

8. Reducing Stress While You Recover

Recovering from an injury is challenging enough without the added stress of handling legal matters. A personal injury lawyer takes care of the legal complexities, allowing you to focus on healing and getting your life back on track.

9. Litigation Support If Your Case Goes to Court

If an insurance company refuses to offer a fair settlement, a lawyer can take your case to court. Having a legal expert by your side who understands courtroom procedures and trial strategies can make all the difference in achieving a favorable outcome.

10. Access to Medical and Expert Resources

A reputable personal injury attorney often has connections with medical experts, accident reconstruction specialists, and other professionals who can strengthen your case. Their testimony can be pivotal in proving the extent of your injuries and the negligence of the responsible party.

Common Myths About Hiring a Personal Injury Lawyer

"I Can Handle My Case on My Own"

While some minor claims may be handled without an attorney, many personal injury cases involve legal complexities that require expert guidance. Insurance companies have teams of lawyers working against you, so having your own legal representation levels the playing field.

"Hiring a Lawyer is Expensive"

As mentioned earlier, personal injury lawyers typically work on a contingency fee basis, meaning you won’t have to pay unless you win. This ensures that financial concerns don’t prevent you from seeking justice.

"All Lawyers Are the Same"

Not all personal injury lawyers have the same experience or track record. Choosing a firm like Morgan & Morgan, which has a proven history of successfully handling personal injury claims, ensures you get top-tier legal representation.

"My Case Will Take Too Long"

While some cases do take time, a lawyer can help expedite the process by handling paperwork, negotiations, and court filings efficiently. Delays are often caused by insurance companies dragging their feet, and a lawyer can push for a resolution more quickly than if you handled it alone.

When Should You Contact a Personal Injury Lawyer?

If you've been injured due to someone else's negligence, it's best to contact a lawyer as soon as possible. Early legal intervention can:

• Preserve evidence before it is lost or destroyed
• Prevent you from making statements that could hurt your case
• Ensure compliance with the statute of limitations

The sooner you speak with an attorney, the better your chances of obtaining a favorable outcome.

Why Do Some Personal Injury Cases Get Turned Down?

Sadly, not every incident qualifies for a claim, even when someone was hurt through no fault of their own. Having your case turned down is frustrating and upsetting. Here are some of the reasons why it might happen:

Your Injuries Don’t Meet the Law’s Criteria

National and local laws define what is needed for a claim to be filed. Some states have what’s called a “threshold injury”, meaning one that is permanent and severe. A short-term, though painful, injury (like broken ribs) may not be considered legally serious enough.

Claims are meant to recover things like lost wages, medical expenses, and more. If you didn’t miss work or have significant medical costs due to your injury, there might not be enough expenses to compensate. 

The Other Party Wasn’t Responsible for Your Injury

To get money from another person’s or business’ insurance company, there has to be proof that their negligence contributed to your injuries. 

For example, if you slipped and fell on someone’s property, your attorney would need to prove that the property owner knew or should have known about the dangerous condition, such as a puddle or ice patch, that caused your injury. If no one was responsible, it can be hard to prove that you should receive compensation.

The Person or Business Responsible Doesn’t Have Enough Coverage

The funds in a personal injury claim are covered by the insurance policies of those responsible. Sometimes, the amount of money covered by a policy isn’t enough to cover the medical expenses or pain and suffering from an injury. In these situations, an attorney might not be able to move forward with a case because there’s no way to recover what you need or deserve. 

The Law Doesn’t Allow It

These types of situations can include a conflict of interest (a lawyer can’t represent both sides in a car crash, for example), government immunity (you usually can’t sue the government), and local laws about when or if a lawsuit can be filed.

When an Attorney Won’t Take on Your Case, Don’t Give Up

If you believe you have a case, keep going! Get a second opinion or ask for a referral, because sometimes a firm might just not specialize in your exact case type. It’s always worth asking someone else.

Another option is to consider small-claims court, where you can sue an individual yourself, without an attorney. Different states have different maximum amounts for a small-claims court claim, so be sure to check out the requirements of your state.

If you think your case was turned down in error, or if new information comes to light, reach out to an attorney again to see if this will change your situation. 

Why Choose Morgan & Morgan?

Morgan & Morgan is America’s largest personal injury law firm, dedicated to fighting for the rights of the injured. With over 35 years of experience and billions recovered for clients, we have the resources, expertise, and commitment to handle even the most complex cases. Our team works tirelessly to ensure justice is served, and we never settle for less than our clients deserve.

The Morgan Difference

• Free case evaluation to learn about your legal options with no obligation
• The Fee Is Free®, and you only pay if we win
• 24/7 availability—call us anytime
• Nationwide presence with offices in every state

Hiring a personal injury lawyer can significantly impact the outcome of your case. From ensuring fair compensation to handling legal complexities, an attorney provides invaluable support during a difficult time. Don't leave your future to chance—get the legal help you need today.

If you or a loved one has suffered an injury due to negligence, don’t hesitate to reach out to Morgan & Morgan. We are here to help you navigate the legal process and secure the compensation you deserve.

Contact us now for a free case evaluation.