AREAS OF PRACTICE

Personal Injury Lawyers

What Is a Personal Injury Lawsuit?

Understanding exactly what counts as personal injury can be confusing. On the surface, the phrase “personal injury” is pretty broad and can cover a lot of ground especially if you’re wondering if you’ve got a situation that could be a lawsuit. Nolo.com has a good plain English description of what constitutes a personal injury.

“Personal injury is an injury not to property, but to your body, mind or emotions. For example, if you slip and fall on a banana peel in the grocery store, personal injury covers any actual physical harm (broken leg and bruises) you suffered in the fall as well as the humiliation of falling in public, but not the harm of shattering your watch.”

A personal injury lawsuit is a legal case where someone sues another person or company for compensation to cover physical and mental damages. A personal injury lawyer will tell you that a lawsuit can be filed whether the injury is intentional, accidental or a result of a faulty product.

Types of Personal Injury:

While the following are examples of potential personal injury lawsuits, they do not include all the potential types of personal injury cases.

Bodily Injury is the most commonly understood type of personal injury case where the victim has been injured due to the behavior of another person, property owner or company.
Economic Injury - Certain personal injury cases come from economic damages instead of physical injury. For instance, if someone's negligent behavior reduces the value of your home or other property that counts an economic injury.
Injury to Reputation – Slander and Libel claims fall under this category of personal injury lawsuit. In this situation the plaintiff has suffered harm to his or her reputation which led to actual physical or economic damages.
Intentional Injury - This is an area of personal injury law where the injury was done on purpose. An example of personal injury lawsuits that come under this classification would be assault and battery.
Product Liability – If the design or assembly of a product injures you, you may have a product liability lawsuit. Breach of warranty is another type of product liability lawsuit which refers to the failure of a seller to fulfill the terms of a promise or they make false claims about the quality or type of product they sell you.

Do I Need to Hire a Personal Injury Lawyer?

Since so many types of injuries fall under the category of “personal injury”, it’s especially important to talk with a lawyer. Keep in mind that the goal of insurance companies – both your own and that of the defendant – is to make a profit and they don’t make a profit by paying settlements. For that reason, you should speak to an experienced lawyer as soon as possible.

You don’t have to have a lawyer if your goal is to settle with the insurance company but having a lawyer represent your personal injury case has many benefits. If you have a lawyer negotiate with an insurance company it’s entirely possible they will offer you a larger settlement than if you negotiate directly with the insurance company. A lawyer will also know what documentation you will need to help build the strongest case possible.

Another benefit of hiring a lawyer is that they know what questions to ask such as:

What are the insurance liability limits?
Are there other sources of insurance?
What is the adjuster likely to pay out?
What is the monetary value of your case?
What is the best way to approach the negotiation?

A lawyer can also help you decide if you should file a lawsuit. Once a lawsuit has been filed your attorney is now dealing with another attorney instead of an insurance adjustor. Also, once a lawsuit has been filed the court is involved in the supervision of the case. Now your case has deadlines for the filing of various documents, depositions of witnesses may be taken and important documents may be subpoenaed. Having your lawyer file a lawsuit doesn’t guarantee a larger settlement but you are more likely to get a settlement that reflects the true value of your case.

In Portland, Oregon and southwest Washington, the law firm of Susak & Powell guarantees you the expertise of attorneys that are committed to obtaining the best possible settlement for your personal injury case. Call our law firm today to find out more about how our lawyers can help you.

DISCLAIMER

The personal injury lawyers at the Susak & Powell law firm have successfully represented personal injury clients throughout the state of Oregon. The information in this site is intended to provide general information only. You should not assume that it applies to your case without consulting with our firm. Contacting our firm by phone, e-mail, mail, or requesting an initial consultation does not create an attorney-client relationship. Certain time limitations may apply to your case, so you should promptly seek legal advice from an attorney to protect your rights.

This web site may be considered advertising by the Oregon State Bar rules. You should make decisions regarding legal representation after consulting with an attorney, not based on any type of advertising.