By Pennyyss Redy

  Prior to filing a lawsuit, ask yourself some of these simple questions, even if you've been hurt by someone else. Was there any negligent action or inaction that led to your injury? Who exactly is responsible for the accident? Will you bear the physical problems from the accident for the rest of your life, or are they transient in nature? Note how much money you had to spend on medical bills and how much work time you lost. Take note of the location of the accident. Knowing exactly where the problem occurred will help show the liable party.


In the case that you were hurt at your place of employment, you will most likely need to file a workman's compensation claim. If you fell inside a local store, you may have a case against them or the local government. The fourth aspect to consider is how long ago you were hurt. If you choose to wait to file a claim, be aware that there is a statue of limitations, which places a time limit on how long you can wait to file a case.

Will you need to hire a lawyer to manage your personal injury case? You do not have to have one, but hiring one can help. You could probably do the research yourself if your injury is minor and temporary. Send a letter to the responsible party using certified mail. They'll probably have liability insurance. The letter should inform them about the injury, the details of the injury, and request that their insurance company contact you. You will likely be contacted by an adjuster who will try to settle the claim without involving attorneys, but remember that these adjusters work for the insurance company and are not always considering your best interests in a settlement.

If you are unsure of the fairness of the settlement being offered you, you should seek out advice from a good lawyer before agreeing to it. Seek out a lawyer as soon as possible if someone else has caused serious injury to you. Usually, the liability insurance company notified will immediately begin an investigation, but in order to preserve the evidence of your case, you should have an attorney who will represent your interests in the matter.

How exactly does a lawyer get paid in personal injury cases? Most lawyers who take on personal injury cases, will do so on a contingency basis. This means you don't have to pay an up-front fee. The lawyer will deduct any fees from the damages you receive. The amount will differ between states and firms, but the average amount is about one-third of the settlement. If you do not receive damages, the attorney will charge no fee.

You will most likely be able to meet with the attorney for free, and if it is determined you have a case, then you will be asked to sign a fee agreement. You could be responsible for the cost of all court fees, as well as any investigative work or expert witnesses. These costs could differ from attorney to attorney and on the particulars of your lawsuit. You may even be required to pay these costs up front so the lawyer doesn't have any out of pocket costs. Remember, you may fire your lawyer at any time if you are unsatisfied with their performance. However, if you fire the lawyer you should be aware that this enables them to charge you for the hours they have worked on your case.

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