Personal Injury Claim FAQs
How do I know if I have a valid personal injury claim?
If you believe you have suffered from an injury as a result of somebody else, you may be asking yourself “who’s the best lawyer in Washington DC?” If you have suffered injuries caused by the actions or behaviors of another person, then the laws your state say you may have grounds for a personal injury claim or lawsuit. In order to take this step, then the following elements must be present in the incident you were injured:
- The individual who is alleged to have caused the incident must have had a duty of care to not cause the victim harm. For example, the at-fault driver in a car accident has a duty of care to obey the rules of the road.
- The accused at-fault individual behaved in a negligent or reckless way and this behavior breached that duty of care. For example, a driver who runs a stop sign and crashes into another vehicle displays a breach of the duty of care they owe to other commuters.
- The breach of duty caused the accident and the victim’s injuries were a direct result of that accident.
- The injuries that the victim suffered resulted in the financial and other losses for the victim. This can include medical expenses, loss of income, and pain and suffering.
How much will I receive for my injuries?
The best lawyers in Washington DC know that each personal injury claim or lawsuit is different and each victim suffers different losses. There are certain factors that will affect the amount of damages a victim may be awarded. This can include the severity of their injuries and how long their recovery takes.
In general, a victim can pursue damages for the following losses:
- Past, present, and future medical expenses
- Lost wages and benefits
- Loss of future income due to permanent disability
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of life
- Permanent disability
What if I was at partial fault for the incident that caused my injuries?
Every state has its own laws when it comes to personal injury cases, a fact the best lawyers in Washington DC know all too well. In some states, if it is determined that the victim was in any way responsible for the accident that caused their injuries, they are not entitled to any financial compensation. This is called contributory negligence. Even if the victim was only 5 percent responsible, they will not be able to pursue a claim.
Other states have comparative negligence laws. There are two types of comparative negligence laws. The first determines what percentage the victim was responsible for their injuries and that percentage is deducted from the total amount of damages they were entitled to. This is referred to as pure comparative negligence.
The second type, modified comparative negligence, the victim will only recover if the victim is deemed to be less than 50 percent at fault.
How do I know I need a personal injury attorney?
Personal injury claims can be complicated, especially if the injuries are serious and ongoing. The insurance company’s goal is to not pay the victim or to pay as little as possible. Having an attorney by your side, advocating for you and protecting your rights can help ensure you receive the financial compensation you deserve.
If you are asking yourself “who’s the best lawyer in Washington DC?” it may be in your best interest to reach out to Cohen & Cohen for a consultation to discuss your injury.