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Those Who Have Sustained an Injury: Are You Thinking of Suing?

07th June 2010
By Steven Martinez in Personal Injury
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Should you sustain an injury that you think is attributable to the fault of another, there are some key inquiries that should aid in making a determination regarding the wisdom of filing suit. The first thing to consider is if negligence played some role in your accident, or if there was a failure to exercise ordinary care and who was responsible? Next, ask whether the damage caused by your injuries is likely to be temporary or enduring. As per the injury, how much time and wages have you lost due to being unable to work, and what was the extent of your medical costs? Then, you need to consider is where you were when the injury happened? Where it happened is important to assess the type of lawsuit filed, so having an injury at work is a different venue than an injury sustained on a public street or in a store. Visit this site for further information on best personal injury lawyer.

In the case that you were hurt at your place of employment, you will most likely need to file a workman's compensation claim. Injuries occurring in a shop, for example, may point to localized liability. When did your accident occur? If it happened a while ago, you might not be able to file a claim due to the statues of limitations having run out, so you need to research this.


You might be wondering if you need to get an attorney for your personal injury lawsuit. Not strictly, but it is recommended. You could probably do the research yourself if your injury is minor and temporary. Most business and individuals have some form of liability insurance, so in the event of injury, contact the party you feel is responsible through certified mail. The letter should state that you were injured, explain the nature of the harm sustained, and request that their insurance carrier get in touch with 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.

Make sure that you meet with a lawyer if you have any questions about the settlement before you finalize it. If you have a serious injury and you believe it was caused by someone else's negligence, you should consult an attorney immediately to discuss your case and protect your rights. The other party's insurance carrier will probably launch an investigation promptly, though having an attorney of your own will help protect your interests and preserve key evidence. Visit this site for further information on melbourne compensation lawyer.


How much will a personal injury lawyer cost you? In most cases, you will not be required to pay anything upfront because of a contractual agreement known as a contingency fee. Once your case is settled and you win punitive damages, your lawyer will take a portion of those damages that you have agreed upon through your contract. The amount will differ between states and firms, but the average amount is about one-third of the settlement. If you don?t win, the lawyer doesn?t get paid.

Most initial consultations with the attorney will carry no charge, but if the attorney decides to take on your case they will probably want you to sign a written fee agreement. While it is true that the attorney is paid a fee only if the suit is successful, it is possible that you will still be required to pay the costs of litigation which could include filing fees, transcripts and witness fees. But, the person ultimately responsible for such costs also may vary, based on the attorney and the facts of the claim. In certain situations, attorneys may require new clients to advance funds necessary to pay costs associated with the lawsuit. You are able to change attorneys whenever you want if you are dissatisfied with the one you have. But you should be aware that you may then be responsible for the attorney's hourly time spent on your case.
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