Define: P.I.

A personal injury claim is a legal case filed by an individual who has suffered physical or psychological harm due to the negligence or intentional actions of another party. This can include accidents, medical malpractice, product liability, or premises liability cases.

The statute of limitations for personal injury claims varies by jurisdiction. In most cases, you have a limited amount of time, typically ranging from one to three years, to file a claim after the injury occurred. It is crucial to consult with an attorney as soon as possible to ensure you meet the deadline.

In a personal injury claim, you may be entitled to various types of damages, including medical expenses, lost wages, pain and suffering, emotional distress, property damage, and in some cases, punitive damages. The specific damages you can recover will depend on the circumstances of your case.

To prove negligence, you must establish four elements: duty of care, breach of duty, causation, and damages. This requires demonstrating that the defendant owed you a duty of care, failed to meet that duty, their actions caused your injuries, and you suffered actual harm as a result.

It is advisable to consult with an attorney before accepting any settlement offer from an insurance company. Insurance companies often try to settle for the lowest amount possible, which may not fully compensate you for your injuries and losses. An attorney can evaluate your case and negotiate a fair settlement on your behalf.

If you were partially at fault for the accident, you may still be able to recover damages in some jurisdictions. However, your compensation may be reduced based on your percentage of fault. This is known as comparative negligence or contributory negligence, depending on the jurisdiction.

In most cases, if you were injured at work, you are covered by workers’ compensation insurance. Workers’ compensation provides benefits regardless of fault, but it generally limits your ability to sue your employer. However, there may be exceptions if your employer’s intentional actions or gross negligence caused your injuries.

The duration of a personal injury lawsuit can vary significantly depending on the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Some cases settle within a few months, while others may take several years to reach a resolution.

Yes, you have the right to change attorneys during your personal injury case if you are dissatisfied with your current representation. However, it is important to consider the potential impact on your case and consult with a new attorney before making any decisions.

If the at-fault party does not have insurance or sufficient assets to cover your damages, you may still have options. Depending on your own insurance coverage, you may be able to file a claim under your uninsured/underinsured motorist coverage or explore other avenues for compensation, such as pursuing a lawsuit against other potentially liable parties.