If you are in an accident with another person, you may still be able to recover for your injuries and damages, even if the accident was partially your fault.  In some states, in order to recover, you must be able to prove that the other person's fault was greater than yours while a number of states do not have such a requirement. If you are found partially at fault, most states will require that  the amount of compensation you receive will be reduced by your percentage of fault.

You are entitled to recover all the damages directly caused by your accident. Although every case is different and certain laws vary by state, generally, the law allows the victim of a personal injury to be compensated for:

• Past and future medical expenses
• Past and future lost wages
• Loss of ability to work
• Physical pain and suffering
• Emotional and mental suffering
• Permanent physical damage
• Disfigurement, including scars and limping
• Property damage
• Other financial loss caused by the injury

The value of a personal injury case depends upon a number of factors, including:

• How difficult it is to prove the other party was at fault
• The seriousness of your injuries
• The type of medical treatment you receive for your injuries
• The amount of medical expenses
• The amount of insurance coverage available to pay for your injuries.

The final total amount of your medical bills is an important factor in determining the value of your personal injury case. If your medical treatment is not yet complete, it is hard to estimate the value of your case. The insurance companies always want you to settle for a low figure.  Having competent legal counsel is important to ensure your rights are protected and that you obtain full value.

Every personal injury case is different. However, generally once a case is settled you will be unable to seek additional damages later.  The assistance of an attorney thoroughly familiar with personal injury law may be absolutely vital to properly determine the fair value of your personal injury claim.

Previous injuries generally do not affect your right to recovery. While a previous injury may affect the amount of your recovery, you are still entitled to recover damages for re-injury or aggravation of the earlier injury.

Usually, the party who caused your injury has insurance to pay for your damages. Also, your own insurance policy may contain coverage for your injuries. Many times sources of compensation are overlooked. The assistance of a lawyer experienced in handling personal injury claims can often increase your ability to recover.

Do not expect the insurance company to tell you about all available coverage. Its goal is to minimize claims. The goal of an attorney is to make sure that you are provided the maximum allowable compensation for your injuries from all available, legally responsible parties.

Many state laws require drivers to maintain insurance coverage on their vehicles. Unfortunately, many drivers ignore this requirement. If your automobile policy provides for "uninsured motorist" coverage, even if the party at fault has no insurance on his or her vehicle or does not have enough insurance to pay your damages, your insurance company may provide compensation. This is one of the most technical and complicated areas of personal injury law. The advice of a lawyer experienced in handling personal injury claims may be extremely important in this situation.

Yes. If you are involved in an automobile accident that was not your fault, the responsible party or the party’s insurance company is liable for the damages to your vehicle. If your vehicle is a total loss, you are entitled to be compensated for the reasonable market value of the vehicle.

Yes. If the accident was not your fault and your vehicle is not drivable as a result of the accident, the responsible party or the party’s insurance company will pay your expenses while your car is being repaired.

Yes. The law specifically gives you the right to select your own treating physician. You do not need advance approval from an insurance company to begin medical treatment.

Yes. The law very clearly allows a party injured in an accident to receive chiropractic treatment. The law provides that you have the freedom to choose the type of medical care you receive as the result of an accident.  However, you should understand that in many areas, the use of chiropractic care may result in your recovering less compensation.

Not necessarily. Some personal injury cases are agreeably settled without filing a lawsuit. Good attorneys are experienced and skilled negotiators on your behalf. They know your rights under the law.  They press the insurance company to accept its full responsibility for your injuries and they will accept nothing less on your behalf.

Sometimes a lawsuit needs to be filed in order to obtain a full and fair recovery.  In these cases, you will need an attorney who aggressively pursues the responsible parties and forces them to pay just compensation to all victims.

Laws vary from state to state, but in many cases, you must either settle your case or file a lawsuit within two years of the date of your accident. Some types of cases in some states may require you to file suit or settle your case within one year or less.  If suit is not filed within the specified time period, you will be prevented from pursuing your claim. There are a number of exceptions to this rule that vary from state to state. Sometimes the normal filing period can be extended. You should seek the advice of a qualified lawyer to be sure your rights are fully protected.  If you need assistance .

You are not required by law to have an attorney represent you. Without a lawyer you must deal with an experienced insurance adjuster or insurance company lawyer on your own. Both of these parties make a living protecting the insurance company's interests. The best way to ensure that you receive each and every benefit provided by law is to have the help of an experienced lawyer who understands personal injury law and whose only goal is to protect you and your rights.

In most cases, attorneys do not charge an attorney fee for personally consulting with you about your case. In fact, many people who have been injured through no fault of their own do not have the money to hire a lawyer to protect their rights. Most attorneys understand this and, as a result, their fees are generally paid at the end of the case out of a portion of the recovery. If the attorney is unable recover compensation on your behalf, you do not owe a fee. This is called a "contingency fee" arrangement and is common among personal injury attorneys.

The length of time necessary to conclude an injury case depends upon a number of factors. You will not be in a position to consider settling your claim until you know the final total of medical expenses, the total amount of time lost from work because of the accident, and the percentage of permanent disability, if any. The amount of time required to heal is often one of the biggest factors in determining the length of time necessary to conclude a claim. In most cases, once you have been released from medical treatment, settlement negotiations can begin. Many claims can be settled at that point.

Federal law (the Americans with Disabilities Act) prohibits an employer from discriminating against an employee as the result of a disability. If your injury causes a disability, your employer must attempt to allow you to return to work even if certain reasonable accommodations must be made because of your injury. An employer cannot simply refuse to allow you to return to your job because of your disability unless you cannot perform your job functions with reasonable accommodation.

If your employer refuses to offer accommodations or terminates your employment, you may be entitled to damages. Pursuing claims under the Americans with Disabilities Act can be very complicated and requires that the employee first meet certain administrative requirements before actually filing a lawsuit.


Premises Liability

Property owners have a responsibility to reasonably maintain their premises free from hazards and defects which could cause harm to others who could reasonably be expected to enter the premises. Premises liability includes a variety of claims, including, but not limited to, injuries or assaults that occur in locations such as:

• Swimming pools
• Balconies or decks
• Premises with insufficient security
• Entering or exiting a business
• Public walking areas
• Staircases
• Elevators
• Escalators
• Discount stores, department stores, grocery stores, etc.
• Parking lots
• Motor vehicles
• Shopping malls
• School buildings
• Ice skating or roller skating rinks
• Amusement parks
• Construction sites

Each type of premises case is different and you should contact a personal injury attorney for information and advice related to these matters.