Personal Injury
  • What is the statute of limitations on a personal injury claim?
    • video
      Firm Name: Noel E. Schablik, P.A
      Duration: 01:20
      Date: 2019-07-23
      A statute of limitations is a state law that puts a strict time limit on your right to file a lawsuit. If you miss the deadline, you will almost certainly lose your right to take your personal injury lawsuit to court, and you will no longer have a legal remedy for any harm the defendant caused you. An experienced attorney in your area can explain your state’s statute of limitations and how it applies to your case.
Related Personal Injury Videos
  • How much can I get for my personal injury settlement?
    • Noel E. Schablik, located in Parsippany, NJ explains the answer depends on the specific facts of the injury case, though a stronger case often results in a bigger settlement. But the average settlement amount is usually much lower than the average court award. Talking to an experienced personal injury attorney in your area can give you a good sense of your injury claim’s potential value.
  • How long will my personal injury case take?
    • Resolution of an injury claim depends on many factors, including the extent of your injuries, the clarity around who was at fault, the defendant’s willingness to make a settlement offer, and your willingness to put up a fight if you feel that offer isn’t fair. If you’re thinking about making a personal injury claim, an experienced personal injury attorney in your area can help you understand the potential timeline for your case.
  • When should I file a personal injury lawsuit?
    • Many defendants, especially large insurance companies, are not motivated to settle a claim unless the injured party is willing to file a lawsuit. For that reason, you want to preserve your right to sue, which means you must file with the court before the statute of limitations runs out. An experienced personal injury attorney can explain the limited circumstances that might extend that time limit.
  • What is a contingency fee?
    • Under a contingency fee agreement, you pay no up-front fees or hourly rates for legal services. Your attorney agrees to accept a percentage of your settlement or court award. If you do not obtain compensation, your attorney does not get paid. Contingency fee agreements are common in personal injury lawsuits, medical malpractice claims, and other cases that could end with a lump sum payment.
  • Should I settle with the insurance company?
    • Every personal injury case is unique, but when an insurance company makes its first offer to settle, that's almost certainly not the company’s best (or last) offer. Accepting the settlement might be in your best interest, but keep in mind: Insurance defense attorneys are motivated to settle the case for the least amount possible. An experienced personal injury attorney in your area can help you determine whether accepting your insurance company’s settlement offer is your best choice.
  • Do I have a personal injury claim?
    • An experienced personal injury attorney can help you assess the viability of your potential claim.
  • What damages can I claim in a personal injury case
    • General damages aren’t easy to calculate, and juries can respond generously, especially toward a sympathetic victim. However, judges can reduce an award if the verdict is so excessive that the jury seems to have relied on emotion rather than reason. An experienced attorney can help you understand the specific damages that may be available in your personal injury case.
  • What is a wrongful death claim?
    • If you have lost a family member due to someone’s careless or intentional action, you may be able to bring a lawsuit known as a wrongful death claim. The plaintiff in a wrongful death suit must clearly establish liability by showing exactly how the defendant’s conduct caused, or played a key role in, the deceased person’s death. An experienced attorney in your area can help you determine if you are entitled to make a claim.