FAQs for Personal Injury Cases

What is a personal injury case?

When a person is injured in an accident due to another party’s negligence or recklessness, then the law allows the victim to pursue a personal injury claim for the losses they have suffered because of their injuries. Some of the different types of personal injury claims include car accidents, malpractice, slip and fall accidents, premises liability, and nursing home abuse.

What types of damages can be sought in a personal injury case?

Victims can pursue financial compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional anguish, permanent disability, disfigurement, scarring, loss of life enjoyment, and more. Victims may also be able to pursue punitive damages for willful and wanton reckless behavior.

Should victims speak with the insurance adjusters?

An injured victim should never speak with an insurance adjuster without speaking with a personal injury attorney Bristol, TN residents trust first. The insurance adjuster – despite what they may claim – does not have the victim’s best interest at heart. The insurance adjuster’s goal is to not pay the victim the compensation they deserve. Adjusters are trained to ask specific questions that can result in manipulating the victim to say things that can be used against them to reduce the amount of compensation they receive or reject the claim outright.

Should victims speak with a personal injury attorney?

It is in the victim’s best interest to consult with a personal injury attorney as soon as possible after they have suffered an injury. The personal injury attorney can handle all conversations and other correspondence with the insurance adjuster. The attorney will also investigate the accident and gather the evidence which will bolster the victim’s case. This information can be used during settlement negotiations, which the attorney will also handle for the victim. And should the insurance company fail to negotiate in good faith, the personal injury attorney can file a personal injury lawsuit in civil court, which will mean the case will be litigated and a jury will decide what the victim deserves for their injuries.

How can a victim afford the fees for a personal injury attorney?

In the majority of personal injury cases, the attorney is paid on a contingency fee basis. This means the victim is not required to pay attorney fees upfront. Instead, the attorney will receive a percentage of the settlement or award the victim receives. Typically, the personal injury law firm covers all of the case preparation expenses and the fee is only paid if the victim receives either a settlement or wins the case if it goes to trial.

Do personal injury cases usually go to trial?

In most personal injury cases, the attorney is able to negotiate a settlement before the case ends up going to trial. The incentive to settle a case is there for both sides because of the cost and delays that are often associated with a trial. In many cases, the victim will end up with a larger net amount with a settlement than they would if the case goes to trial.

However, there are personal injuries which are considered severe and in order for the victim to receive the maximum amount of compensation for their losses, it is necessary for the case to be litigated and let a jury decide.


Thank you to our generous contributors at the law office of Mark T. Hurt for the insightful information above.