If you’ve never brought a legal claim against another person before,
it can seem like a daunting task. There’s a general perception that
civil lawsuits should only be brought for the most egregious cases of
negligence – not for everyday injuries caused by car accidents and
slip-and-fall incidents. However, that perception is incorrect, and if
you’ve been injured, it may be in your best interest to pursue a
personal injury lawsuit.
At Allen, Semelsberger & Kaelin, LLP, our personal injury team shares
over 25 years of combined experience. We fight on behalf of injury victims
who need assistance paying for medical expenses, lost wages, and other
damages incurred after accidents that were not their fault. If you’ve
been injured, we can help you understand the value of your claim and hold
the right party (or parties) accountable for your losses.
What Makes a Personal Injury Case?
In our society, citizens have a legal responsibility to protect other citizens
from undue harm, by acting in a rational and safe manner. This is called
the “duty of care,” and whether you’re driving on the
road or walking through a grocery store, others must take care to keep
you reasonably safe from hazards. Certain professionals also have a stronger
duty of care towards their clients, especially in the fields of health
care, finance, and law, as you are putting your life and livelihood in
When someone violates the duty of care and hurts you in the process, it
is called a “personal injury,” also known as a tort. This
action could be caused by basic negligence and carelessness, or it could
be caused by intentional wrongdoing, such as in the case of sexual and
physical assault. That means that the victims of certain accidents have
the legal right to bring a lawsuit against those responsible for their injuries.
Here are a few of the most common personal injury lawsuit types:
Car and truck accidents: Millions of people suffer injuries and property damage on the road each
year, making this the most common type of injury claim by far.
Premises liability: If you slip and fall or suffer a violent assault on someone’s property,
you could be eligible to pursue a premises liability claim against the
owner for failing to warn you or take action on the hazard.
Defective products: Consumers have the right to expect that products will not harm them when
used correctly. If you’re injured by a faulty product, you can often
hold the product manufacturers or sellers liable.
Assault and abuse: Physical and sexual abuse are often prosecuted as crimes, but victims can
also pursue a separate civil action against their abusers to account for
their injuries and their trauma.
In a personal injury lawsuit, the person injured (plaintiff) will be seeking
“damages” intended to make them “whole” again
after the accident. These damages take the form of a monetary award given
by a judge or a jury. However, the vast majority of personal injury cases
do not go to trial: Instead, the plaintiff reaches an agreed-upon settlement
with the responsible party or their insurance company.
When Do I Need to Hire an Attorney?
As a general rule, you should always consider hiring an attorney when your
injuries are serious. Most injuries sustained in everyday accidents are
minor and will heal on their own, or with minor medical intervention.
If the injury requires ongoing medical treatment and has already negatively
impacted your life, however, it’s a good idea to explore all your
While it’s technically possible to bring a personal injury claim
on your own and represent yourself in court, there’s a reason that
people often turn to personal injury lawyers instead. Most of the time,
your injuries will be covered by the negligent party’s insurance
policy – whether that means a car accident policy or a homeowner’s
insurance policy. Although insurers will pretend to listen to your needs
and concerns throughout the claims process, the truth is that they are
always aiming to maximize their profits. This is why it’s always
a good idea to hire an attorney who will represent your interests.
Here are some of the benefits of hiring a skilled attorney for your claim:
- They can gather evidence on your behalf and build a strong case for you.
- They will be able to act as effective negotiators with insurance companies,
major corporations, and individual defendants, increasing your chances
- They have spent years working within the legal system and know how to explore
multiple avenues for financial recovery.
- They can act in your best interest while you recover from injuries, giving
you peace of mind about your prospects for compensation.
- They have been trained to create coherent, concise arguments that appeal
to judges and juries.
- They often work on contingency fees, which means that you won’t have
to pay until they are able to secure compensation for your claim.
- They can give you legal counsel whenever you must interact with insurance
claims adjusters or representatives for the defendant.
Do you need to speak with an attorney? Call us today at 888-998-2031 to
speak with our experienced legal team at Allen, Semelsberger & Kaelin, LLP.