Over the past thirty years, we’ve litigated hundreds of cases, and what follows are the most frequently asked questions, along with our answers.


 

What is a personal injury?

A personal injury is typically a physical injury to a person's body, caused by someone else's fault.

In many cases, personal injuries that are caused by someone else's qualifies for monetary (money) compensation.

A personal injury is a physical injury to a person’s body, caused by someone else’s fault, that qualifies for monetary money compensation. This compensation usually comes from the at-fault person’s insurance policy. Someone who makes a personal injury claim is called a plaintiff. The person or company that harmed the plaintiff is called a defendant. An easy way to remember this is that the plaintiff files a lawsuit, and the defendant, well, defends.
Any injury you suffer because of the fault (negligence)of another is a personal injury.  Negligent actions are basically stupid decisions that have no excuse and then result in harm.
For example: if Bob runs a red light crashing into your motorcycle, Bob would be negligent, or at fault, for the injuries he caused.


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What is considered a severe personal injury?

Severe personal injuries have long-term effects ranging from loss of mobility to chronic pain.

Severe personal injuries typically involve the need for surgery, maybe multiple surgeries, months of complete loss of ability to work, loss of mobility, and isolation. With severe personal injuries, the effects often last for years, perhaps a lifetime. 


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What is a serious personal injury?

Any personal injury that disrupts your life, whether it costs you money, saddles you with medical debt, or causes you lasting health issues. 

This is a question of degree. Any personal injury that disrupts your life costs you money, saddles you with medical bills, causes you lasting pain and suffering, creates physical or mental disability, or puts you out of work is a serious personal injury.


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How much can you sue for personal injury?

The question you're actually trying to figure out is what your personal injuries are worth.

This can vary greatly depending on the circumstances. 

The amount you ask for in a personal injury lawsuit needs to be realistic, based on the facts of your case. Asking for too little is rarely a good idea, however, asking for too much can actually harm your case. 

The key is to fully evaluate every little bit of your case before putting a dollar amount on it.

Personal injury lawsuits vary quite a bit in terms of what their value is. We’ve had cases worth less than $10,000 and cases over $5,000,000. The question you’re actually trying to find the answer to is how much your case is worth. 
The amount you ask for in a personal injury lawsuit needs to be realistic, based on the facts of your case.  The key is to fully evaluate every little bit of your case before putting a dollar amount on it. Our job is to get our clients the most money possible for their personal injury damages, and we take that job very seriously.

We recommend you contact the best personal injury attorneys near you.


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What are the types of damages?

There are six common categories of personal injury damages:

  • Past medical expenses
  • Future medical expenses
  • Loss of income
  • Loss of future earning capacity
  • Loss of function of the body and mind - past and future
  • Physical and mental pain and suffering - past and future

 


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Is Pain and Suffering a Personal Injury?

Yes. It is a type of damage that can result from your personal injuries.

It also includes loss of quality of life or loss of the ability to do what’s important to you. Pain and suffering is a category of damages that can result from an injury.
Other damages categories include loss of income, loss of future earning capacity, medical bills, future medical costs, and loss of physical and mental function.  All categories of personal injury damages can be compensated with money settlements or trial verdicts.
Accurately measuring and proving each of these harms, and getting fair compensation, is a complicated process with many pitfalls.  This is why it is important to have an expert working on your case.


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What is a fair settlement for Pain and Suffering?

Each case is different. Pain and suffering will depend on the extent of your injuries and how those injuries have changed your life.

There isn’t an exact answer to this. Pain and suffering settlements are based on how bad your injuries are, how long they will last, and how the injuries change your life.  No person’s life is the same as another person’s life, so the answers to this question are different for everybody.

 

 

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What counts as Pain and Suffering?

Physical and emotional injuries cause a variety of consequences. Pain and suffering is a term for the effects you have to deal with after an injury.

The effects of physical and emotional injuries make up pain and suffering. For example, the pain you feel physically after a car crash, or the emotional suffering you face when you can’t enjoy your life after a truck collision leaves you with a back problem.
Pain and suffering can go on for a lot longer than nearly any other category of damages.  You may end up with chronic pain that lasts a lifetime. Think of the following medical conditions:

  • Migraines
  • Severe nerve damage
  • Arthritis caused by injuries 
  • Blown discs in your back
  • Traumatic injury to the neck, back, or brain
  • Partial or full paralysis
  • PTSD
  • Anxiety 
  • Depression

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How much can you claim for emotional distress?

An expert in personal injury can help you figure out how much money your emotional distress is worth.

It is a subcategory of mental pain and suffering damages.  Different injuries can cause different emotional distress for different people.  Who you are, what’s important in your life, and what you do with your time can all be affected by emotional distress.  It is important to consult an expert in personal injury to figure out what compensation is fair for the negative changes to your emotional well-being.


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Does personal injury include emotional distress?

Yes. Mental pain and suffering include emotional distress as part of the damages category for personal injury.

 

Your emotional and mental distress qualifies for compensation in many personal injury lawsuits. 


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What is the value of Pain and Suffering?

There isn't an easy answer for this. Only an experienced personal injury lawyer near you can begin to make an accurate analysis for this.

There isn’t a one-size-fits-all answer here.  There is no formula, equation, or simple rule to determine the amount of money it takes to fairly compensate a person for pain and suffering in a personal injury lawsuit.  
Here are some questions that are commonly asked:

  • What kind of pain are/were you in?  
  • From what sort of injury?  
  • How long did the pain last?  
  • Is there still pain?  
  • Will the pain go away, or not?  
  • How does the pain change a specific person’s life?  
  • Is it physical pain, emotional pain, or both?  
  • Where and how is the pain experienced?  

Only an experienced personal injury lawyer can begin to make an accurate analysis for the fair compensation of pain and suffering. This analysis can only be made when you have either reached the point where the doctors have helped you as much as they can, or at least gotten you close to that point.
 


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How do you prove emotional pain and suffering?

Medical evidence combined with testimony from friends and family, along with changes in your life are good starting points for proving emotional pain and suffering.

The medical evidence of physical injury, treatment with mental health professionals, testimony from friends and family, and changes in a person’s daily life are all examples of what can be used to prove emotional pain and suffering. No person can truly walk in the shoes of another, but the people around us, and the circumstances that lead to emotional pain must all be taken into account.


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How much compensation can you get for emotional distress?

Emotional distress is a subcategory of pain and suffering damages. Pain and suffering is one of six common damage categories for personal injuries. There isn't a simple formula or rule to determine compensation for emotional distress. An experienced personal injury lawyer near you can help.

In a personal injury lawsuit, emotional distress is an aspect of pain and suffering. Again, there is no formula, equation, or simple rule to determine the amount of money it takes to fairly compensate a person for pain and suffering.  
To consider the complexity of considerations, let’s look at a few common questions that factor into the process of determining compensation.

  • What kind of pain are/were you in?
  • From what sort of injury?
  • How long did the pain last?
  • Is there still pain?
  • Will the pain go away, or not?
  • How does the pain change a specific person’s life?
  • Is it physical pain, emotional pain, or both?
  • Where and how is the pain experienced?  

An experienced personal injury lawyer is in the best position to make an accurate analysis for the fair compensation of pain and suffering. The other driver’s insurance company may lead you to believe they know the correct value to place on pain and suffering, but only an experienced personal injury lawyer working for you can be trusted to predict how much a jury is likely to award under a given set of circumstances.
 


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What kind of damages are emotional distress?

Emotional distress is a type of pain and suffering damages.

This type of damage is part of many personal injuries.

The effects of emotional injuries are pain and suffering damages. For example fear of being in traffic after suffering a traffic-related injury. Think of the following medical conditions:

  • PTSD (post-traumatic stress disorder)
  • Anxiety 
  • Depression

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Does it matter how much insurance I have on my bike/vehicle?

Yes. Other drivers on the road may not carry insurance, or the insurance coverage they have may not fully cover any damages you suffer. To protect yourself, uninsured motorist (UM) and underinsured motorist (UIM) insurance policies are key. While we do not advocate for insurance companies whatsoever, these forms of insurance may prove critical to you when recovering damages sustained in a serious accident.

 


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How much can you get for personal injury claims?

Talk to an experienced personal injury lawyer today, there are too many variables to give a concise answer with any degree of accuracy.

A bodily injury claim is a type of personal injury claim. The method used to pursue a personal injury claim is critical. In nearly all cases, an injured person has little or no experience in dealing with insurance and law.  On the other hand, an insurance adjuster deals in bodily injury claims every day, and it is part of the job for an adjuster to pay out the smallest award possible.  
If the injuries and damages are severe, the best thing an injured person can do is consult with an experienced personal injury lawyer.  Being represented by a knowledgeable attorney who is an expert in personal injury cases almost always results in much higher money settlement payouts, even after attorney fees and litigation expenses are accounted for.


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What should I do after a motorcycle accident?

First and foremost, you should move to a safe location immediately to prevent any further injury or property damage. Once you have properly evaluated your injuries and called emergency services (as needed), you should obtain insurance information from the other driver, including the details of their vehicle. Lastly, if possible, take photo’s of the accident, including both vehicles, and all injuries you suffered.


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Why do I need an attorney?

For the same reason you hire an expert/professional to handle anything. You hire us because this is what we do, every day of the year. This is what we are experts in. A qualified attorney is crucial to ensuring you pursue your claim in the most effective way possible, and to ensure no mistakes are made.

 


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How much will I have to pay in attorney’s fees?

We accept cases involving motorcycle injury on a contingency fee basis. This means there are no fees associated with our representation unless we successfully help you recover damages for your accident. In other words, we don’t make money until you do. There are no upfront fees to retain our legal services for personal injury or wrongful death matters.


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What is a statute of limitations?

The statute of limitations imposes a strict boundary on the amount of time available to injury victims in which they can file suit. Most injury claims must be filed within 2 years of the accident’s occurrence.


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I was injured in a motorcycle accident. What am I entitled to receive compensation for?

Typically speaking, the victim may be entitled to compensation for medical costs, vehicle repair costs, loss of income, pain and suffering, and other issues as they arise.


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Who is liable for the damages I suffered in my motorcycle accident?

Liability will depend on the circumstances, but typically if the other driver was responsible, they will be liable for the damages.


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How long will it take to reach a settlement?

There is no one size fits all prediction for how long it may take to reach a settlement. Some cases take as little as a few weeks, while others can take several months to a year. It will depend upon your situation.


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How much do personal injury cases settle for?

It depends on a long list of variables, all of which you will want an experienced personal injury attorney to help you with.

 


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How much do insurance companies pay for pain and suffering?

There isn't a common answer to this question as each case is different. Talk to an experienced lawyer near you today for help.


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How do I maximize my personal injury settlement?

There are a few easy steps you can take if it was a motor vehicle crash:

  • Make sure the police are called after your crash so that they investigate and file a report.
  • Take video and pictures of the scene of the crash as soon as possible.
  • Request your medical bills and records be given to you from every place that you receive treatment.
  • Contact an experienced personal injury lawyer near you as soon as possible after your crash.
  •  

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What is the value of my personal injury claim?

This will change depending on the circumstances of the case. Contact an experience personal injury attorney near you today.

 


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What is a good settlement offer?

A good settlement offer will compensate you for ALL of your losses across every category of damage.

 


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Should I accept the first offer of compensation?

Talk to an experienced personal injury attorney first, the answer is probably no.


 


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How do I get money from a bodily injury claim?

Begin by making a claim with the insurance company, then call an experience personal injury lawyer near you for guidance.


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What happens if you refuse a settlement offer?

If you refuse a settlement offer, the defendant no longer has to keep the offer open should want it back in the future.

 

 


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How long does a personal injury lawsuit take?

Typically one to three years, although it can settle in the first few weeks.

 


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It is worth hiring a personal injury attorney?

Nearly always "yes". Most personal injury offer a free case evaluation, and they'll let you know if they can help.

 


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Who is the best personal injury lawyer near me?

The most competent, responsive, and compatable experienced personal injury attorney is who you want for your case.

 


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Are you liable if someone falls on your property?

Sometimes. You may be liable if there is a dangerous condition on your property and you never warned anyone.

 


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Who pays for the monetary compensation resulting from a personal injury?

This compensation usually comes from the at-fault person’s insurance policy. Someone who makes a personal injury claim is called a plaintiff. The person or company that harmed the plaintiff is called a defendant.

An easy way to remember this is the plaintiff files a lawsuit. The defendant defends


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