Below are a few frequently asked questions about personal injury.
What is considered a personal injury?
A personal injury is any physical or mental injury to a person as a result of someone’s negligence or harmful act.
How do I know if I have a personal injury claim?
You must be able to show that you have been injured and that your injury was caused by another individual’s negligence.
How much is my case worth
All injury cases are different. There are many factors that are involved in determining the value of a case. These would include: the severity of your injuries; the length of time of your total and/or partial disability; the amount of your medical bills; whether or not there is permanency of injuries; scarring; broken bones; expected future medical expenses and/or life support costs; emotional trauma and loss of consortium. If you are partially liable for the accident/injury, your case will be worth substantially less determining on the percentage of your liability. Our job, however, is to put as much money as possible into your pocket. How much money you receive will depend on the factors listed above.
When is the best time to hire an attorney?
The best time to hire an attorney in any case is immediately. The sooner your attorney can start gathering evidence and obtain witness statements the more likelihood of success. Cases are won or lost on evidence. In addition, there are very short time limits in cases against a city or municipality for filing notice of a claim. You must act quickly to preserve your rights.
What is negligence?
Negligence is any conduct that falls below the standards of care established by law for the protection of others against unreasonable risk of harm.
Why do I need a lawyer if I have been injured?
The job of the insurance company of the person who caused the injury is to do everything they can, as soon as they can, to minimize the fault of their insured and to dispute the consequences of a person’s injuries. Naturally, it is in the insurance company’s best interest to pay you as little as possible. The job of Peter M. Romero & Associates, P.C. is to represent the injured person’s rights and protect injured persons from having their claims diminished by the insurance company.
What if the other person’s insurance company contacts me after an injury and wants a recorded statement?
No one should give such a statement without seriously considering the legal effects of this statement. Before agreeing to such a statement, any injury victim should consult with an experienced personal injury attorney.
How long do I have to make a claim for personal injuries?
Every state has certain time limits, called “statute of limitations” that govern the period during which you must file a personal injury lawsuit. In New Mexico, you may have as much three years to file a claim; however, if the suit is against a city, you have only thirty (30) days to notify the city that you were injured and intend to pursue a claim against them. In other cases such as claims against the MBTA the statute is two years. Time is of the essence. You should contact a lawyer as soon as possible to ensure that your rights are protected
How long will it take to settle my claim?
The time it takes to settle a claim depends on many circumstances. It is important to allow injuries to stabilize before beginning settlement negotiations. By settling too early, important consequences of a serious injury may be missed, such as the need for future medical treatment, scarring, or rehab difficulties. When the treating physician issues a final medical report stating the diagnoses of the injuries and their opinion as to the prognosis, the evaluation of the case for settlement can begin. Once a demand has been submitted to the insurance company, it may take 4-6 weeks for the company to review it before negotiation may begin. However, in more complicated cases, the time may take substantially longer.
How can I afford to pay for an attorney?
Peter M. Romero & Associates, P.C. handles personal injury claims on a contingency fee basis. This means that the attorney fee and expenses are deducted from the settlement or award. No attorney fee is paid unless you receive a settlement on your case.
