If you’re dealing with a legal matter that has left you or a loved one with an injury that requires immediate and/or ongoing medical care, you probably have a lot of questions. To help you get answers, we’ve compiled this list of the most commonly asked questions about personal injury.
Most Commonly Asked Questions About Personal Injury
Use these answers to get an idea about what to expect in a personal injury legal matter. Then, explore our other resources on personal injury, or schedule a free consultation with TJ Grimaldi so he can give you more specific answers depending on your unique circumstances.
Schedule your free consultation or call 813-226-1023 today.
What is considered to be a personal injury?
Legally speaking, a personal injury occurs when a person sustains an injury due to the negligence or maliciousness of another party. The injury would not have occurred if the other party had not created a dangerous or unsafe condition. In a personal injury case, the injured party can prove that they suffered damages as a result of the injury and that an at-fault party caused the injury.
Types of personal injury cases can be related to:
- Slip and falls
- Medical malpractice
- Wrongful death
- Pedestrian accidents
- Motor vehicle accidents
- Boating accidents
- Motorcycle accidents
- Trucking accidents
How do I know if I have a personal injury case?
To have a personal injury case, you must prove two things:
- An at-fault party’s negligence or maliciousness caused an injury
- The injured party was damaged physically, emotionally, or financially because of the injury
If you believe you can prove both of those points, you may have a personal injury case worth fighting for. Don’t attempt to determine if you have a personal injury case on your own. Schedule a free consultation with a lawyer to get a professional opinion about the viability of your case.
How are personal injury settlements paid out?
When an injured party receives a settlement in a personal injury case, it is paid out by the insurance company to the attorney representing the injured party. It is paid by the insurance company to the law firm’s trust account, and then the law firm disburses the money to the client and the medical providers.
Are personal injury settlements taxable?
Settlements are not taxable, unless they are punitive damages. Punitive damages are awarded when there is proof that the at-fault party intentionally caused the injury. The injured party has proven that there was malicious intent that led to the injury.
Punitive damages are different from special compensation damages (that relate to costs incurred due to the injury) and general compensation damages (that related to non-monetary harm caused by the injury). Both special compensation and general compensation damages are not taxable.
How much should I ask for in a personal injury settlement?
There is no magic number when it comes to a personal injury settlement. Every situation will be unique, and it’s impossible to know how much to ask for until you have all the facts. The injured party will need to show the way they have been injured physically, financially, and emotionally to determine the amount of a reasonable and fair settlement.
Information will be needed to show damages. That information may include but is not limited to: policy limits, medical bills, injuries sustained, medical records, facts of the loss, and client’s medical history.
How long does a personal injury case take?
There is no exact duration of a personal injury case. It is difficult to say how long a case will last, but there are general timeframes that can give you an idea of what typically happens in similar cases.
- Injured parties have four years from the date of the incident to file a lawsuit. In some cases, they may even have five years. On average, most people file within two to five months of the accident, and then negotiations start.
- Negotiations can take anywhere from a month to a year.
- If the case is not settled and has to go to trial, it will take longer. Most lawsuits take about 12 to 30 months.
Get All of Your Questions About Personal Injury Answered
As you can see, many commonly asked questions about personal injury don’t have a simple answer.
Many factors play into each case making it unique. If you have questions about a personal injury case that involves you or a loved one, it’s best to get them answered by an attorney who is familiar with your specific situation. Only then will you get the most specific and useful information.
If you have questions about a personal injury case, we are here to help you find answers.
All consultations with TJ Grimaldi are 100% free. Don’t spend your time searching for vague answers. Schedule your free consultation or call 813-226-1023 to talk to an experienced personal injury attorney who can help you get the direct answers you need.