Complete Guide on How to Win Your Personal Injury Case

Protect Your Legal Rights & Make the Most of Your Settlement

What Is a Personal Injury Lawsuit?

A personal injury lawsuit occurs when the actions of an individual causes an injury and damages to another, and the victim files a claim in order to be compensated for their losses. There are many different types of accidents that end up as a personal injury lawsuit.

Some of the different types of personal injury cases are:

  • Traffic Accidents
  • Wrongful Death
  • Medical Malpractice
  • Workplace Accidents
  • Products Liability
  • Dangerous Drugs
  • Defamation/Libel/Slander

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How Long Do I Have to File a Personal Injury Claim?

The length of time an individual has to file a personal injury claim depends on two main factors; where the accident occurred and when it occurred. The time a person has to file a claim, known as the Statute of Limitations, depends on what state the accident happened in.

Most states have a two-year window from the time of the accident in which a person can file a claim, however, the period can range from one year all the way up to ten years.

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How Much Will a Personal Injury Lawyer Cost?

Personal injury attorneys usually work on what is called a "Contingency Fee Basis". A Contingency fee basis means that clients have zero upfront costs. The only way that the attorney gets paid is if they win their client a settlement, and is usually taken as a percentage. This is a great motivation tactic for personal injury attorneys and helps clients rest at ease knowing they are being taken care of to the best of their lawyer's ability. Also beneficial to their clients, Personal Injury attorneys can get their clients' medical bills delayed until the settlement is reached, so they never have to worry about paying for those either.

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How Long Will it Take to Get a Settlement for My PI Case?

As no two personal injury cases are the same, predicting how long your case will take is very difficult. Different factors such as how many parties were involved, the evidence, the extent of the injuries, and the insurance company's willingness to settle all contribute to the amount of time your case will take.

Fortunately, most personal injury cases never go to trial, which leads them to ending sooner than other legal disputes. However, if your case does go to trial, it could potentially take years to resolve.

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What Types of Compensation Can I Sue for in My Personal Injury Case?

There are many different types of compensation a personal injury attorney can include in an accident victims settlement demand letter.

Some of the types of compensation that your attorney will probably include in your settlement are:

  • Pain and Suffering
  • Medical Bills
  • Property Damage
  • Out-of-pocket Expenses
  • Loss of Income
  • Emotional Suffering

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How Much Will My Settlement Be Worth?

The amount that your settlement is worth depends upon the details of your lawsuit. How much damage was done to your property/vehicle? How much are your medical expenses? What is the extent of your injuries? Have you missed work because of your accident? Has this accident affected the victims' future quality of life?

All of the answers to these types of questions will be used to determine the amount of your settlement. Also considered in your settlement is the amount of fault that the court rules rests with the victim. Depending on how at fault the victim is, the court will take that percentage out of the lawsuit.

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Should I Accept an Offer from the Insurance Company?

The general rule in a Personal Injury case is to not accept the initial settlement offer from the insurance company. The insurance company is looking out for their own best interests, and try to get victims to accept the smallest possible offer.

Once you have accepted their offer, if further problems arise or you realize it is not enough, you do not have the right to sue them for more money.

By denying their offer and informing them that you are working with a Personal Injury attorney, you greatly increase the chances of getting a larger settlement that is beneficial to you, rather than to them.

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What Is Negligence and Will It Have an Effect on My Case?

In a personal injury case, Negligence is what is used to determine fault. Depending on what state you live in, there are different types of negligence that may be used.

Comparative negligence is used in a lot of states and dictates that a victim's settlement will be reduced based upon their percentage of fault in the accident, as ruled by the court. Some states have their own modifications to comparative negligence, such as the plaintiff can not be more than 50% at fault in an accident in order to sue.

Other states use Pure Contributory Negligence, which means that if the victim is found to have been at fault for any amount of the accident, they are not entitled to any type of compensation.

If you have been injured in an accident it is important to contact a Personal Injury Attorney so that they can explain your state's negligence laws and help you maximize your settlement.

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Will My Case Have to Go to Trial?

Luckily, most Personal Injury cases (about 90%) never go to trial and are instead settled out of court. Usually, the insurance company will make a low-ball offer, and your attorney will counter with a demand letter. The demand letter will include a settlement amount that is fair to you and covers your damages including pain and suffering. Both sides will then negotiate and usually meet somewhere in the middle in order to close the case and move on.

If your case ends up being one of the few that does end up going to trial, then your personal injury attorney will be right there with you to fight for your settlement.

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Do I Need to See a Doctor if I Have Been Injured in an Accident?

You should always seek medical attention as soon as you can if you have been in an accident. Getting proper medical treatment not only benefits your health, but protects you from a legal standpoint as well. Many of the injuries that occur as a result of car accidents have delayed symptoms. If these injuries go undiagnosed, they can be left out of your settlement, and you will be stuck with physical pain and any medical expenses that accompany it. By seeing a medical professional soon after your accident, you will ensure that you are healthy, or if you have sustained an injury, that you receive treatment and your costs can be included in your settlement.

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The Roth Firm, LLC is committed to your best interests. Contact us at (404) 777-4899 today to schedule your free initial consultation.

Hear From Past Clients

  • Highly recommend The Roth Firm!

    “The entire time they represented us, the firm kept us well-informed of the case's status, was well prepared, and on top of things.”

    - Michael
  • Jim Roth is one in a million.

    “He handled my claim after I was rear-ended. I would hire Jim Roth again and he will be the only PI attorney I will refer to.”

    - Catherine
  • I love the personal approach to representation the firm offers.

    “He remembers me and everyone at the firm treats me like a truly valued client. I have been a client of the Roth Firm for many years.”

    - Tarcarnesia
  • Very Professional and Attentive.

    “Richard Bently settled my personal injury case. I'm very satisfied with the result.”

    - Joanne

The Roth Firm Way

  • More Than Another Billboard Firm

    Our attorneys care about clients like you. At The Roth Firm, your needs come first!

  • Experienced Team Ready to Fight

    For over 15 years, our team has fought to help those injured due to negligence and are ready to do the same for you and your loved ones.

  • Our Clients Are Like Family

    We are a boutique litigation firm, focusing on specific injuries. Each case, like our clients, is unique and will be treated with individual attention and urgency.

  • Accessible When You Need Us Most

    We will travel to you after hours or weekends and are available for video or phone consultations.

  • Free Case Evaluations

    Meet with our team to hear we can help you. We work on a contingency fee basis, which means you won't pay unless we win!

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