How can a personal injury attorney help if I am injured?
The job of a personal injury attorney is to provide legal assistance to individuals suffering from a personal injury. Civil law protects a person's private and civil rights. Therefore, civil cases are noncriminal proceedings. A civil court is different from a criminal court, which has the purpose of punishing individuals who commit crimes. A personal injury attorney practices tort law, which is part of civil law. Tort law provides a remedy, such as monetary damages, for harm caused by another person's actions. A personal injury attorney can file a civil case against the wrongdoer on behalf of a plaintiff.

What is the legal basis of a personal injury claim?
Under tort law, a personal injury claim falls under three general principles: negligence, strict liability, and intentional torts. Negligence refers to a person's failure to act as a reasonable person would in a similar circumstance; strict liability does not require proof of fault and is often applicable in products liability cases; and an intentional tort requires the element of intent. Most personal injury cases, however, involve a negligence claim.

When should I consult with a personal injury attorney?
An individual may seek advice from a personal injury attorney when someone injures them. If a physical injury results or property damage occurs, a plaintiff may recover monetary compensation. A consultation with a personal injury attorney can help determine whether there is a legal basis for the claim and can help an injured person recover damages for their injuries. It is especially important to consult with an attorney when an injury is severe, long-term, or permanent.

Do personal injury attorneys specialize in certain types of personal injury claims?
Many personal injury attorneys do specialize in certain types of claims. Personal injury claims can range from medical malpractice to products liability to claims involving catastrophic injuries. Like a doctor that specializes in a certain type of medicine, personal injury attorneys will typically focus their practices on specific types of claims. Therefore, the benefit of hiring a personal injury attorney who has experience in a particular area of the law or knowledge of certain types of injuries is advantageous.

How much does it cost to hire a personal injury attorney?
Most personal injury attorneys take cases on a contingency fee basis. This means that the client only pays the attorney if the case results in a favorable ruling for the plaintiff or an out of court settlement occurs. The client and the personal injury attorney enter into an agreement that entitles the attorney to a percent of the settlement. Because hiring an attorney can be expensive, a contingency fee is beneficial for clients that are unable to pay an attorney for their legal services.

Is there a time limit on bringing a personal injury claim?
Yes. Each state imposes time limits on the right to bring a legal action. These laws are referred to as “statutes of limitations.” The statutes of limitations on a personal injury claim will begin to run when the injury occurs, or when the person becomes aware of the injury or should have been aware of the injury and the possibility of wrongdoing. In California, the statute of limitations on a personal injury claim is two years.