Frequently Asked Questions (FAQs) About Personal Injury Legal Services

1. What is a personal injury case?

A personal injury case arises when someone suffers harm due to another party’s negligence, recklessness, or intentional actions. These cases aim to secure compensation for physical injuries, emotional suffering, and financial losses. Common cases include car accidents, slip-and-fall incidents, medical malpractice, and defective products.

2. What qualifies as negligence in a personal injury case?

Negligence occurs when someone fails to act responsibly in a situation where they owe a duty of care. To prove negligence, you must show that the defendant breached their duty and caused your injuries as a result.

3. Why should I hire a personal injury lawyer?

Hiring a personal injury lawyer ensures you have an advocate who understands the legal process. They handle evidence collection, negotiate with insurance companies, and maximize your compensation. If necessary, they represent you in court, protecting your rights at every stage.

4. How much does it cost to hire a personal injury lawyer?

Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront. Legal fees are taken as a percentage of the compensation you receive, so you only pay if your case is successful.

5. What types of damages can I recover in a personal injury case?

• Economic Damages: Medical expenses, lost wages, property damage.
• Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life.
• Punitive Damages: In cases involving extreme negligence or misconduct.

Example of Damages in a Hypothetical Case:

Imagine Sarah, who was injured in a car accident caused by a drunk driver. Sarah suffered a fractured leg, which required surgery and months of physical therapy. She also missed work for three months, resulting in significant lost wages. Additionally, her car was heavily damaged in the accident.

• Economic Damages: Reimbursement for medical bills, physical therapy costs, lost wages, and car repairs.
• Non-Economic Damages: Compensation for the pain and suffering she endured during her recovery and the emotional distress caused by the accident.
• Punitive Damages: Additional compensation to penalize the drunk driver for their reckless behavior and deter similar conduct in the future.

6. How long do I have to file a personal injury claim?

The statute of limitations depends on your location and the type of case. For example, in New Jersey, you typically have two years from the date of injury. Acting promptly preserves evidence and strengthens your case.

7. What should I do immediately after an accident?

• Seek medical attention.
• Report the incident to authorities (e.g., police or property owner).
• Document evidence (photos, videos, witness information).
• Avoid admitting fault or giving statements to insurance without legal advice.
• Contact a personal injury attorney to protect your rights and build your case.

8. What should I do if an insurance company offers me a settlement?

Do not accept any settlement offer without consulting a lawyer. Many initial offers are lower than what your claim is worth. A personal injury lawyer can negotiate to ensure you receive fair compensation.

9. Will my case go to trial?

Most personal injury claims are settled through negotiation or mediation. However, if a fair settlement isn’t reached, your attorney will prepare to take your case to court.

10. How long does it take to resolve a personal injury case?

The timeline varies based on case complexity, the severity of damages, and the willingness of parties to settle. Some cases may resolve in months, while others take over a year. Your attorney will work efficiently to help you achieve the best outcome.

11. Can I file a claim if I was partially at fault for the accident?

Yes, under New Jersey’s “modified comparative negligence” rule, you can still recover damages if you were less than 51% at fault. However, your compensation will be reduced by your percentage of fault.

12. What happens if the at-fault party doesn’t have auto insurance?

If the responsible party lacks insurance, you may recover compensation through your own uninsured/underinsured motorist coverage. Your attorney will explore all possible avenues to secure the compensation you deserve.

13. How is the value of my personal injury case determined?

The value of your case depends on factors such as the severity of your injuries, medical expenses, lost wages, pain and suffering, and the level of negligence involved. An attorney can help you evaluate your claim accurately.

14. Do I need to see a doctor even if I feel fine after an accident?

Yes. Some injuries may take time to manifest. A doctor’s evaluation not only ensures your health but also creates a record critical to your claim.

15. What types of personal injury cases do you handle?

• Car Accidents
• Motorcycle Accidents
• Truck Accidents
• Pedestrian Accidents
• Bicycle Accidents
• Slip and Fall Accidents
• Workplace Injuries
• Construction Accidents
• Nursing Home Abuse
• Dog Bites and Animal Attacks
• Wrongful Death Claims
• Boating Accidents
• Premises Liability Cases
• Burn Injuries
• Spinal Cord Injuries
• Traumatic Brain Injuries
• Toxic Exposure Cases

16. Can I file a personal injury claim months after the accident?

Yes, as long as the statute of limitations has not passed. It’s best to act quickly to preserve evidence and strengthen your case.

17. What is the difference between a settlement and a verdict?

A settlement is an agreement reached between the parties without going to court. A verdict is a decision made by a judge or jury during a trial. Settlements are typically faster and less expensive than going to trial.

18. Do I have to pay for medical bills while waiting for my case to settle?

Yes, you are generally responsible for covering medical bills as they arise. Your lawyer may help negotiate payment terms or explore options like medical liens until your case is resolved.

19. What if the injury resulted in the death of a loved one?

You may file a wrongful death claim to seek compensation for funeral costs, lost financial support, and loss of companionship. Our team will guide you through this challenging time with compassion and care.

20. How can Di Lauri & Hewitt Law Group help me with my case?

Our legal team offers personalized and compassionate representation. We handle every step of the process—gathering evidence, negotiating with insurers, and representing you in court if needed. Contact us today for a free consultation to explore your options!

21. What is Workers’ Compensation?

Workers’ Compensation is a type of insurance that provides benefits to employees who are injured or become ill due to their job. It typically covers medical expenses, lost wages, rehabilitation costs, and disability benefits, regardless of who was at fault for the injury.

22. Am I eligible for Workers’ Compensation benefits?

If you are an employee and were injured or became ill as a direct result of your work duties, you are likely eligible for Workers’ Compensation benefits. Independent contractors and certain other worker classifications may not be covered, so it’s important to verify your employment status.

23. What should I do if I am injured at work?

• Notify your employer immediately and seek medical attention.
• Document everything related to your injury and treatment.
• Consult with a Workers’ Compensation attorney to protect your rights.

24. Can I see my own doctor for a work-related injury?

This depends on the Workers’ Compensation laws in your state. Some states require you to see a doctor chosen by your employer or their insurance provider, while others allow you to choose your own provider after an initial evaluation.

25. What if my Workers’ Compensation claim is denied?

If your claim is denied, you have the right to appeal the decision. An experienced Workers’ Compensation attorney can help you challenge the denial, gather necessary evidence, and represent you during the appeals process.

26. Can I be fired for filing a Workers’ Compensation claim?

It is illegal for employers to retaliate against employees for filing a Workers’ Compensation claim. If you face retaliation, such as termination or discrimination, a Workers’ Compensation attorney can help you protect your rights and seek justice.

27. How long do I have to file a Workers’ Compensation claim?

The time limit, or statute of limitations, for filing a Workers’ Compensation claim varies by state but is generally between one and three years from the date of the injury or diagnosis of a work-related illness. It is crucial to file as soon as possible to avoid missing deadlines.

28. How can Di Lauri & Hewitt Law Group assist me with my Workers’ Compensation case?

At Di Lauri & Hewitt Law Group, we have extensive experience guiding clients through the Workers’ Compensation process. From filing your claim to appealing a denial, we ensure your rights are protected every step of the way. Contact us today for a free consultation.

29. Do you provide personal injury defense services if I am being sued?

Yes, in addition to representing plaintiffs, we also provide comprehensive personal injury defense services. If you are being sued in a personal injury case, our attorneys are ready to protect your rights and build a strong defense on your behalf. We are dedicated to ensuring a fair outcome and will guide you through every step of the legal process.