You just got in an accident and you are hurt. Most people don’t know what to do or who to call. We’ve all heard about big dollar settlements from cases where someone was hurt, but probably don’t know one of these people personally. And we probably are not attorneys either so we don’t know the law and what our rights are. So how do you know if you need to hire a lawyer?

Every type of tort claim, whether it is a Las Vegas Personal Injury claim or in another jurisdiction, has two basic issues ” Was there liability & are there damages? If you were hurt in an accident, you should get legal advice before signing any documents. In this example, a competent Injury Lawyer will be able to take in all the facts of your case, and based on their expertise in this area will be able to advise you. Based on other cases they have tried in the past, they will be able to let you know whether the other party is liable for your injuries, and also whether you can prove it in court.

Most types of personal injury cases that are filed fall under the automobile accident category. That is the most common type of claim. But if you are in a fault state, to win an injury case against the other person, you need to establish that the other person was negligent in the accident. The standard to prove is whether the other party failed to exercise reasonable care or not. Whether you know this or not, all drivers have a duty to exercise reasonable care when they get behind the wheel of a car. If the other driver did not exercise reasonable care & breached that responsibility, then the law states that you can sue for your loss. In states where they have passed no-fault laws, the standard is different, so make sure you consult with an attorney who is in your area.

There is another basis for personal injury claims. Strict Liability is an area of tort law that is gaining in importance. Strict liability means that if a manufacturer makes a product that is defective, or if it is designed poorly, they can be liable if you are injured by that product. This is different than negligence, but you must prove that the design or manufacturing process of that product make it dangerous, especially when it is used as it was intended to be used.

Intentional wrongs are another basis for personal injury claims. But the filings of those cases are rarer. Examples of this are if someone hits you in the face, you might be able to win a lawsuit for battery. Or if you are suspected of shoplifting, and the store wrongfully detains you, you might be able to win a wrongful imprisonment lawsuit. Remember, this is civil damages not criminal charges.

Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident were you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits don’t make it to court, and are settled before that happens.

One thing to ask your attorney is what is the statute of limitations for this type of case? Your attorney will be able to let you know how long you have before it is too late to file a case in court. It can be as little as one year for an auto accident. Each state has different laws so be certain to find out so your case doesn’t get thrown out of court.

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