Note: Dave’s story is a fictional scenario presented to help illustrate a situation in which you need the help of a personal injury attorney.
Introduction
Many people call on the help of a personal injury attorney for compensation. If you’re seeking money for damages, you may be asking yourself, “Is it worth it?”
We will try to help you answer that question by going over what a personal injury case is, how much it costs to get an attorney, and the benefits of having one on your side throughout the course of a civil case.
What is a Personal Injury Case?
Personal injury cases are a type of case found in tort law. Tort law involves a civil wrong that causes harm to another person or their property. A tort can be intentional or unintentional, and it can result in legal liability for the party found responsible.
The goals are to provide relief to injured parties, hold those who committed the act (or negligence to act) liable, and prevent others from committing harmful acts.
People seek to receive compensation for any of the following in a personal injury case:
- Trauma
- Impairment
- Medical bills
- Disfigurement
- Loss of income
- Property damage
- Pain and suffering
A personal injury attorney is the individual who represents victims, also known as plaintiffs, in personal injury cases.
Cases may arise from any of the following situations:
- Auto accidents
- Truck accidents
- Product liability
- Medical malpractice
- Nursing home negligence
- Burn injuries and electrical accidents
Cost
The good news is, in most cases, there is no charge to you if the lawyer doesn’t recover any money. Typically, lawyers only take a percentage of the money they make in personal injury cases. This makes “hiring” an attorney relatively risk-free for the client.
Many firms offer free consultations for people who have questions about personal injury lawsuits and want to fact find before making a commitment. A lawyer will go over commission and payment with you before any agreement is made. This way, you can determine if the cost is worth the reward.
The other type of cost worth considering is how much time and energy a civil case will cost you. With a lawyer’s help, the amount of time and energy required from you is much less.
Some people may ask, “Can I represent myself?” The answer to this is simple. In the state of Arkansas, you can only sue someone without a lawyer if your claim is $5,000 or less and you file in Small Claims Court. Serious personal injury cases generally involve much higher amounts of money. For example, the average settlement for a minor car accident in Arkansas is roughly $7,000. The average settlement for a serious car accident may be closer to $37,000.
While no amount of money is guaranteed for the settlement of a civil case, and the amount varies widely based on the circumstances, these numbers serve as an example of how most cases require the assistance of a personal injury attorney.
Benefits
There are many benefits to having a personal injury attorney on your side throughout the course of the case. From the moment you are injured to the moment the case is closed, there are many steps along the way that may include:
- Documenting the injury
- Evaluating your case for burden of proof
- Filing a claim (which an attorney may draft a demand letter for) or filing a lawsuit
- Gathering evidence for the “discovery” stage, which may involve depositions, witness statements, and requests for documentation
- Negotiating with the insurance company/defendant’s attorney to reach a settlement (in an attempt to resolve the case without going to trial)
- Going to trial if necessary, where a judge or jury will determine the outcome based on evidence
- Resolving the case by collecting and finalizing compensation (if you win) or determining if you can appeal the decision/file a post-trial motion (if you lose and believe there were errors made)
Throughout these steps, it’s crucial to stay in communication with your attorney, follow their advice, and keep track of any deadlines or requirements associated with your case.
Dave’s Story
Dave was driving home one day from his corporate job to his place in Ozark, Arkansas. As he approached a green light, he was struck by another car whose driver was texting at the wheel.
Dave suffered bodily injuries that cost him many days of missed work and pricey medical bills. He also incurred property damage to his car from the accident. Because Arkansas is a fault-based state, and the other driver was texting at the wheel, Dave sued the other driver for personal injury.
Dave knew he could not represent himself in Small Claims Court because the damages he wanted to recover exceeded $5,000. He needed an attorney to represent him in his case against the other driver.
Dave sued for personal injury and received a $35,000 settlement.
Conclusion
You deserve compensation for any injury caused by an at-fault party. An attorney at The Law Offices of Craig L. Cook can meet with you for a free consultation to evaluate your case, establish evidence, and file a claim. From there, we can guide you through the process of bringing your case to resolution.
We have over 40 years of combined experience serving clients in Arkansas and Oklahoma. Let us represent you in your personal injury case.
Don’t wait—contact us today to speak with someone from our firm about getting you the settlement you deserve!
