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Personal Injury

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What is a pesonal injury claim?

Personal injury claims can come from many scenarios. The most generalized description would be in cases where a person suffers an injury in an accident and someone else may be held legally responsible for the accident and the injury. Examples would be car accidents, defective products, unsafe property conditions, negligent practices, etc. When you bring a personal injury claim, it can be resolved either through a formal lawsuit or, more commonly, through an informal settlement (before a lawsuit is filed).

What is a personal injury?

A personal injury is a physical or psychological injury that a person experiences as a result of another person's conduct, whether intentional or stemming from negligence. Some of the most common causes of personal injuries include car accidents, slip-and-fall accidents, dog bites and defective products.

Should I keep any records following my injury?

It is important to keep records of expenses resulting from your injuries, including medical care, at-home care and transportation. Additionally, it is helpful to maintain records of lost work time and wages, as well as pain and suffering and physical limitations resulting from your injury.

Do I still have a valid legal claim if my health insurance paid my medical bills?

Yes. Injured people are entitled to compensation whether or not insurance companies have paid their medical bills.

How long will my personal injury lawsuit take?

It is difficult to determine how long it will take to resolve a personal injury lawsuit, as each case is unique. Therefore, no general timetable can be established for personal injury cases. A personal injury lawsuit may settle in a few months without the need for trial, while others can take years It also depends on the medical treatment required as damages cannot be accessed if the injured party is still receiving treatment.

Negligence — What is it?

Negligence mainly comes into play when it seems that the party that caused the injury owed a duty to the injured party and in turn breached that duty. For example: All drivers owe a general duty to other drivers to operate their cars safely, such as following the speed limit, not texting while driving, adhering to traffic signs, etc. Therefore, if you get into a car accident with someone who ran a red light or a stop sign, the other driver may be held liable due to negligence.

What is a medical lien?

Sometimes clients who are involved in accidents have no medical insurance. In such cases, doctors will expect to be paid at the conclusion of the client's cases If so, the doctor will require the client to sign an agreement to have the lawyers pay him or her directly from the proceedings derived from your case. If your doctor asks you to sign a "lien letter," be sure to contact the Law Offices of Eslamboly Hakim before doing so.

Why is immediate investigation beneficial to your case?

In all types of cases, the importance of immediate investigation cannot be overstated. In many instances, early and effective investigation can be the difference between winning and losing a case. Each case requires a different investigative technique and varying types of evidence such as physical evidence, photographs, witness statements, medical records and critical business records. Obtaining immediate copies of records reduces the risk that such critical documents will be altered, lost or destroyed. The Law Offices of Eslamboly Hakim's experienced investigative team will begin the necessary investigation and document retention as soon as the case is accepted.

What is a contingency fee?

A contingency fee is a fee charged by lawyers in most personal injury cases. It is contingent because the fee is conditioned upon your attorney's successful resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear "there is no fee unless we recover for you" The client is generally responsible for out-of-pocket costs of litigation.

How much will hiring this firm cost me?

There is no charge for an initial meeting with the Law Offices of Eslamboly Hakim to discuss the merits of your case. If you hire us to represent you, we take cases on a contingency fee basis. That means that if we are unable to recover any money for you, you will not have to pay us anything. We only get paid a percentage of what we are able to recover for you. Therefore, the amount will vary depending on your settlement or award. Every case involves costs. In most cases, the Law Offices of Eslamboly Hakim will advance the costs of collecting records, investigating liability and hiring experts. We will recover those costs out of the settlement we obtain for you.

How long will it take to get a settlement?

The length of time it takes to conclude a case depends upon the unique circumstances and facts of each individual matter. Generally, clients must fully recover from their injuries before we begin settlement negotiations. This is because we need to obtain a general idea of all the medical expenses you have incurred before we can secure reimbursement for you. We aggressively negotiate with insurance companies to ensure that our clients receive the maximum possible settlement in the least amount of time. Severe injury cases take longer because we want to make sure that our clients are compensated fully for the extensive medical costs they face and the pain and suffering they have endured.

If I have a personal injury claim, do I have to go to court?

No. The vast majority of personal injury cases are settled before ever going to trial. We work very hard to get you the best settlement possible. However, if the insurance company refuses to compensate you for the amount your injuries and suffering are worth, we are willing and able to file a lawsuit so that an impartial arbitrator, judge or jury may determine the value of your case.

What damages am I entitled to recover?

This will depend largely on the type of case and damages sustained. If you have suffered an injury and require medical treatment, both past and future medical expenses are recoverable. Past and future lost wages are also recoverable. Additionally, "general damages," including pain and suffering, loss of enjoyment and emotional distress, are also recoverable. In automobile collision cases, clients are entitled to recover for damages to their vehicle, as well as the loss of use of that vehicle.

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