Note: Leah’s story is a fictional scenario presented to help illustrate a situation in which a personal injury attorney is needed.
Whether or not you need a personal injury attorney depends on a few factors. Here are some important questions to ask:
Are you looking to receive compensation from a responsible party for an injury you suffered?
Does your injury fall under personal injury or workers’ compensation? See our blog post about the difference between the two.
If your injury falls under personal injury, and you are looking to recover damages from whomever is responsible, it is advisable to get a personal injury attorney.
What is personal injury?
Personal injury is a legal term in civil law that refers to harm or damage that affects an individual’s well-being. This harm arises due to the intentional or unintentional actions of another party whose negligence or abuse caused the victim to suffer.
Examples of this include:
- Burn injuries
- Car accidents
- Slips and falls
- Wrongful death
- Product liability
- Premises liability
- Assault or battery
- Medical malpractice
- Workplace accidents
- Traumatic brain injury
- Nursing home negligence
Personal injury law, also known as tort law, gives people the right to sue in civil court to recover damages. In addition to negligence and intentional wrongdoing, personal injury cases also cover strict liability.
Strict liability is a term in tort law that is based on the idea that the law should encourage precautions in situations that are inherently dangerous, like animal bites or manufacturing defects.
Even if reasonable care was exercised and the injury was not intended, defendants could still be found strictly liable. All the claimant needs to prove is that the tort occurred and the defendant was responsible. A personal injury lawyer can help you with this burden of proof.
The goal of personal injury law is to provide justice and financial compensation to the injured party, also known as a plaintiff. Personal injury claims typically seek compensation for the following:
- Lost wages
- Property damage
- Medical expenses
- Pain and suffering
These can be referred to as “economic damages” or “noneconomic damages.”
How is it resolved?
These cases can be resolved in numerous ways, including:
- Trial
- Settlement
- Mediation or arbitration
During a trial, the judge and jury decide who is at fault and to what extent. Settlement refers to each side coming to an agreement outside of court as to what the responsible party will pay and what amount the plaintiff will accept. This can be done without having to go to court.
Mediation or arbitration are alternative ways to resolve a dispute. Although similar, they are slightly different in who makes the final decision. In mediation, a neutral third party may help each side come to a mutual agreement they’re both happy with.
In arbitration, the parties involved submit their disputes to an arbitrator who analyzes the information and makes a decision for the parties.
What does a personal injury attorney do?
Lawyers can help in all kinds of ways. They may initiate the process by drafting a demand letter, which is a formal request for compensation. In some cases, people can reach a settlement before filing a lawsuit.
This occurs if the other side agrees to pay an amount the victim is satisfied with. In other cases, the plaintiff sues the defendant in search of a higher amount. Some plaintiffs are willing to settle for less than they deserve to avoid depositions.
Depending on the situation, depositions can be difficult if the event was emotionally traumatic. This is because depositions can involve questions about the event, and some people would rather walk away with less money than have to relive what happened.
This is especially true for sexual abuse cases and anything involving PTSD. A lawyer can help you prepare for depositions if it comes to that.
Lawyers can also help with:
- Mediating
- Meeting deadlines
- Examining evidence
- Making policy changes
- Representing the client in court
- Informing you of your legal rights and options
- Assessing damages and potential compensation
- Knowing the defendant’s insurance policy limits
- Gathering police reports, photos, and witness statements
- Negotiating with insurance companies and other attorneys
- Filing the personal injury claim, also known as filing a lawsuit
- Motions, pleadings, and appeals, which are all communication tools during litigation
- Conducting the discovery phase, where both parties exchange information before a trial so they know what evidence each side has
Can I represent myself?
In the state of Arkansas, you will need a lawyer for your case unless the following apply:
- You are suing someone for $5,000 or less
- You are representing yourself in small claims court
Pro se litigants (people who represent themselves) are held to the same standard as attorneys. This means you must have a clear understanding of the law, possess skills that assist you in completing documentation on time and in full, be able to negotiate settlements, and be confident in your research and writing abilities.
Law is such a complex process, and there is so much to know about it. People typically only represent themselves if they have in-depth knowledge and experience with legal matters that helps them understand their options and make informed choices.
Retaining legal counsel ensures that you recover the fair value of your damages and defend yourself against any claims that you are at fault. It provides peace of mind and allows you to focus on your recovery while your attorney handles the legal aspects of the case.
Leah’s Story
Leah was driving home from her parents’ house one night when she was struck by another vehicle running a red light. The other driver, Zack, admitted he had been fumbling with the radio when the light turned yellow.
By the time he looked up, it was too late. Leah suffered $10,000 worth of damage, and even though the accident was unintentional, it was still Zack’s fault because he failed to stop at a red light.
Leah got a lawyer to sue Zack for negligence, gather the police report and witness statements from the other drivers, and prove that Zack is liable for Leah’s expenses.
These include medical bills, lost wages from missed shifts at work, the cost of damages to her car, and diminished quality of life from the pain she has from the accident.
She knew she needed a lawyer to help her attain the amount of money she deserved.
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The Law Offices Of Craig L. Cook is here to help! We can represent you in any kind of personal injury case you need help with. We have a team of experts serving clients in Arkansas and Oklahoma.
Let us answer your questions and provide crucial legal information so you can know your rights and make a decision. Click here to book a free consultation— this one’s on us!
