What is “Personal Injury Law”? Simply put, it covers cases where someone has been physically or emotionally injured, and/or where someone’s personal property has been damaged. In legal circles, personal injury law is also known as "tort" law. “Personal injury” or "tort" laws allow an individual to be compensated for injuries which were caused by another person’s carelessness, recklessness or intentional misconduct. Compensation usually is made by the payment of money damages to the injured person and in some cases, the injured person’s family.

Automobile accidents are perfect examples of tort cases. If someone hits the back of your car while you are stopped at a red light, that person commits a “tort”, and is referred to as the "tortfeasor". If a lawsuit is filed, that person is generally referred to as the "defendant", and the injured person is called a "plaintiff" or "claimant." State law usually governs personal injury lawsuits, but federal law may apply in certain circumstances.

Do I have a case? There are two main considerations to determine whether a legal claim exists. First, a claim for personal injuries must be accompanied by an actual injury in order to recover damages. The injured person bears the burden of proving his or her injury. For example, a trip and fall accident which occurs due to the fault or negligence of another is only compensable if the person who tripped and fell was injured in some way by that accident. Second, the injuries must have been caused by the carelessness, negligence, recklessness or intentional misconduct of another.

Can’t I settle this myself? Why do injured victims need lawyers to assert their claims? It is very important that an injured claimant consult with a knowledgeable attorney to evaluate his or her case for several reasons. First, quick measures must be taken to preserve any evidence, investigate the accident scene, and to file appropriate paperwork, including a lawsuit, before any deadlines run. Most people do not know it, but insurance companies with potential exposure to an injured victim begin working as soon as an accident is reported. The insurance companies have many employees and attorneys whose primary job is to minimize or lessen the amount paid to the injured victim. They do this by immediately gathering evidence, immediately interviewing individuals with possible knowledge of the accident, and taking statements from the “tortfeasor” or “defendant”. Often times an insurance company will settle a matter directly with the injured victim; however, most often the injured victim gets paid less than he or she would have if they had negotiated the settlement through their attorney.

Hiring an attorney quickly “levels the playing field”! Attorneys are trained and experienced in dealing with insurance adjustors, investigators, employers, etc. Attorneys protect their injured clients’ rights and preserve their claims so that they may be fully compensated for their injuries. They gather all of the information necessary to present an injured victim’s case. They do not rush to settle a case before the injured victim is “well”, and finished with his or her medical treatment. It is the job of lawyers to assist the courts with determining who may be responsible (who is "liable," or has "liability") for causing injury, and how much the responsible party should be required to pay for any damages resulting from the injury.

In all matters involving personal injury it is essential to secure competent legal representation. If you or a loved one is a victim of personal injuries, call Bryson Law Firm, L.L.C. now at (337) 233-4210 or Toll Free at 1-800-340-8241 or complete our CASE FORM for free initial consultation. If we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.