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  • Practice Areas
    • Personal Injury
    • Motorcycle Accident
    • Wrongful Death
    • Medical Malpractice
    • Aviation Accident
    • Neck Injuries
    • Catastrophic Injuries
    • More Cases >
      • Brain Injuries
      • Back Injuries
      • Spinal Cord Injuries
      • Amputation, Disfigurement, Paralysis
      • Chemical Exposure and Industrial Accident Attorneys
      • Electrocutions, Burns and Explosions
      • Car Accident
      • Truck Accident
      • Boating Accident
      • Dangerous Defective Products
  • Other Cases
    • Social Security Disability
    • Premises Liability
    • Commercial Litigation
    • Maritime Injury >
      • What Does the Jones Act Mean for Injured Seamen?
      • Offshore/Oil Rig Accidents
    • Jones Act
    • Workers' Compensation
    • Employment Attorney
    • Labor Relations
  • Find a Lawyer
  • Blog
  • About
    • Contact us
  • Location
    • Biloxi, MS
    • Gulfport, MS

​The Basics of Personal Injury Law: What You Need to Know

If you've been injured through no fault of your own, personal injury law may be able to help. This overview of personal injury basics will give you an understanding of what personal injury is, the most common types of personal injury cases, how personal injury lawsuits work, how long they usually take and what you can expect if you decide to file a lawsuit. Keep in mind that this article is just a basic introduction to personal injury law - for more specific information, please contact an experienced personal injury lawyer at Wetzel Law Firm in Gulfport, MS.

What is personal injury law?

​Personal injury law, also called tort law, covers civil wrongs and injuries. It is designed to protect individuals from losses caused by someone else's behavior. When an individual is injured as a result of another person's negligence or carelessness, they may be able to file a personal injury lawsuit to recover damages. The word "tort" comes from the Latin word for twist, wrong, or harm. In personal injury law, a tort is a civil wrong - an intentional or accidental act that results in injury to another person, property damage, or financial losses.
Personal injury laws vary from state to state. In some states, there are different statutes of limitations (the time frame in which you have to file a personal injury lawsuit) for different types of personal injury cases. It's important to be aware of the personal injury laws in your state so that you don't miss the deadline to file a claim.

What is the legal definition of personal injury?

A personal injury is any physical or mental injury caused by someone else's negligence or carelessness. This includes injuries suffered in car accidents, slips and falls, workplace accidents, medical malpractice and more. If you've been injured due to someone else's negligence, you may be able to file a personal injury lawsuit to recover damages.
Personal injury law has been around for centuries. It was created to ensure that injured individuals could get legal remedy for losses resulting from someone else's behavior.

What are examples of personal injuries?

There are many different types of personal injuries, but some of the most common include:
  • Car accident injuries
  • Slip and fall injuries
  • Workplace injuries
  • Medical malpractice injuries

How do personal injury cases typically work?

Personal injury cases can be complex, but they typically follow the same general process. Once you've been injured, you'll need to gather evidence and consult with an experienced personal injury lawyer. Your lawyer will then file a personal injury lawsuit on your behalf and negotiate with the other party's insurance company to try and reach a settlement. If a settlement can't be reached, your case will go to trial.
Settling a case means that the parties have come to an agreement outside of court. Once a settlement is reached, the plaintiff will sign a release, which releases the defendant from any further liability.
If the case goes to trial, a judge or jury will hear evidence from both sides and decide who is liable for the injuries. If the defendant is found liable, they will be required to pay damages to the plaintiff.

What steps do I need to take if I've been injured?

If you've been injured, it's important to seek medical attention as soon as possible. You should also consult with an experienced personal injury lawyer to discuss your legal options. An experienced personal injury lawyer will be able to help you gather evidence, file a personal injury lawsuit and negotiate with the insurance company to try and reach a fair settlement. If you have any questions about personal injury law, don't hesitate to ask your lawyer. They will be able to provide you with the answers you need.
If you do decide to file a personal injury lawsuit, your lawyer will handle all of the legal paperwork and negotiation with the other party's insurance company. If a settlement can't be reached, your case will go to trial.

How do I find a personal injury lawyer?

The best way to find a personal injury lawyer is to ask for referrals from friends or family members who have been in a similar situation. You can also contact your local bar association or search online for personal injury lawyers in your area. Once you've found a few potential lawyers, schedule consultations so you can learn more about their experience and decide which one is right for you.

What kind of proof do I need to win a personal injury case?

To win a personal injury case, you will need to prove that the defendant was negligent and that their negligence resulted in your injuries. To do this, you will need to gather evidence such as:
  • Medical records.
  • Photos of the injuries.
  • Witness statements.
  • Police reports.
  • Accident reports.
Your personal injury lawyer will be able to help you gather this evidence and build a strong case for compensation.

How much is my personal injury case worth?

The value of your personal injury case will depend on a number of factors, including the severity of your injuries, the amount of medical expenses you've incurred and the impact your injuries have had on your life. An experienced personal injury lawyer will be able to evaluate your damages and give you an estimate of the value of your case.

How long do I have to file a lawsuit?

​The statute of limitations is the deadline for filing a personal injury lawsuit. In most states, the statute of limitations is two years from the date of the injury. This means that if you don't file a personal injury lawsuit within two years of being injured, you will be unable to recover damages.
If you don't file a personal injury lawsuit within the statute of limitations, you will be unable to recover damages. This is why it's important to consult with an experienced personal injury lawyer as soon as possible after being injured.

How long does a personal injury case take?

The length of time it takes to resolve a personal injury case will vary depending on the facts of the case. Some cases may be resolved within a few months, while others may take years. The amount of time it takes to resolve your case will also depend on whether or not you go to trial. Cases that go to trial tend to take longer than cases that are settled out of court.

How is personal injury compensation calculated?

In a personal injury lawsuit, the plaintiff may be able to recover both economic and noneconomic damages. Economic damages are those that have a specific monetary value, such as medical bills or lost wages. Noneconomic damages are those that don't have a specific monetary value, such as pain and suffering or emotional distress.

Should I accept the first offer of compensation?

No. The first offer from the insurance company is almost always too low. You should never accept the first offer without consulting with an experienced personal injury lawyer. Your lawyer will be able to evaluate your damages and help you negotiate a fair settlement with the insurance company.

What is the average payout for a personal injury claim in the U.S.?

There is no such thing as an "average" personal injury settlement. Each case is unique and the amount of damages you are able to recover will depend on the facts of your case.

What will lit cost to hire a personal injury attorney?

Most personal injury lawyers work on a contingency fee basis. This means that you will not have to pay any upfront legal fees. Instead, your lawyer will take a percentage of the settlement or verdict they recover for you. The exact percentage will vary depending on the lawyer and the facts of your case.

What are my rights after being injured?

If you've been injured, you have the right to seek legal remedy for your losses. You also have the right to hire an experienced personal injury lawyer to help you with your case. What are some common types of personal injury cases?
Some common types of personal injury cases include car accidents, slip and fall accidents, medical malpractice, product liability and more.

Can I make a personal injury claim myself?

You can technically file a personal injury lawsuit without an attorney. However, it is not recommended. The personal injury legal process is complicated and if you don't have experience with it, you will likely not recover the full amount of damages you are entitled to. An experienced personal injury lawyer will be able to help you navigate the legal system and maximize your chances of recovering damages.
If you've been injured, the first thing you should do is seek medical attention. Once you have received treatment for your injuries, you should then contact an experienced personal injury lawyer to discuss your case. Your lawyer will be able to advise you on the best

Contact Wetzel Law Firm today

​Contacting a personal injury lawyer is the best way to ensure that you get the compensation you deserve. An experienced personal injury lawyer will be able to evaluate your case, gather evidence and negotiate with the insurance company on your behalf. If you've been injured, don't wait to contact a personal injury lawyer. The sooner you do, the better your chances of getting the compensation you deserve.
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