A question I’m often asked is “What is Personal Injury?” In this brief post:
Personal injury is an injury that has been inflicted upon the body or emotions. This is much different than an injury that has been inflicted upon someone’s property or belongings. Personal Injury can be caused by the negligence of another person or injury that was purposefully caused. Some examples of this are automobile accidents, trucking collisions, slip and fall incidents, nursing home abuse, as well as many other forms of injury.
There are sometimes industrial disease cases where people who have contracted an illness or disease from a product, or from something else, cause damage as a result of wrong-doing by another. I represent injured individuals and help them receive compensation to pay for the consequences of an injury that has occurred to them. I receive payment based on a “contingent fee basis” which is a portion of the monetary compensation that is collected from the at-fault party or parties. In those rare cases in which we are ultimately not successful, there is no compensation to me or my law firm. In that situation, the client would owe nothing.
There are several types of damages that can result from a personal injury claim. These damages are usually classified as either “special” or “general” damages. Damages that can be paid for are known as special damages. For example, medical expenses would be considered “special damages” as a result of an injury. Lost wages, meaning money that an injured party loses due to the inability to work, are also known as “special damages.”
Damages such as emotional distress or physical pain, that cannot be easily quantified, is commonly known as general damages. Depending on the severity of the injuries, damages that injured parties receive may greatly vary. The amount of compensation also depends on how long the damage lasts, or the permanency of the injury. For example, if someone contracts a permanent life-altering condition due to the negligence of another party, compensation will most likely be much higher than if one is temporarily hurt, or suffers from a minor injury that may last for a short period of time.
There are various deadlines regarding how long a claim can be filed after its occurrence. This is called the Statute of Limitations. This can vary from state to state and must be monitored very closely so as not to lose the right to pursue a claim. The subject matter of the claim also has various deadlines that must be adhered to.
Many times, cases are settled prior to ever going to court. If a case does not settle, however, then most often the claim will be heard before a judge or jury. If money is obtained for an injured party, whether before a trial through a settlement or as a result of a trial, the attorney is paid at the same time as the client.
Having a Personal Injury Trial Attorney with a proven and successful track record is crucial when seeking fair compensation for injured parties. It is very difficult, and sometimes impossible, to win a personal injury case without the help of an attorney. We provide aggressive representation, and unconditional support and guidance, in the pursuit of compensation for our clients for the personal injuries that have been incurred.
Attorney Randy Fry is an Atlanta Personal Injury Trial Attorney who handles exclusively automobile and trucking accidents, slip and fall injuries, bicycle and motorcycle incidents, and workers’ compensation cases, along with most all other ypes of personal injury matters. Thoughts expressed are the opinion of Attorney Fry and do not constitute legal advice.