Pemberton Resources – FAQ

A: Typically, a client will have three years from the date of the incident to file for a personal injury case. However, this is not always the case and you should speak to a personal injury attorney as soon as possible so you do not risk missing the statute of limitations. It can be imperative for you to learn about your options shortly after the incident occurs so you are set up for success and can attempt to obtain compensation for the damages.

A: Some individuals choose to wait to consult an attorney, either due to feeling like it is a hassle or hesitation due to the costs involved. It can be very beneficial to you to consult an attorney immediately following the incident. This can provide you with professional guidance regarding the following steps, timelines, what to expect from other parties or insurance companies, and more. Being proactive in personal injury cases can help you in the long run and be invaluable to you and your family.

There are several individuals out there who may choose to pursue their cases without legal professional representation. It can be done, and we aren’t saying that you aren’t legally able to do that. It can present issues, however, if you aren’t familiar with the legal system. The insurance company is typically looking to take advantage of you and pay you as little as possible. Insurance companies make money by not paying out and they have a lot of experience and training on how to minimize what they pay you.For instance, you unintentionally leave out important fact that could create dramatic shifts in the compensation that you are eligible for and more. Working with an experienced attorney can provide a perspective you may have not yet thought of and the necessary guidance to navigate the legal system and how it can affect your family now and in the future.

A: Most cases that personal injury attorneys handle involve establishing negligence by the other parties involved in the incident. Without it, there is little to no hope of creating a case that benefits our clients. If the other party was negligent or intentionally harmed our client, we can likely obtain compensation for damages if it can be proven. This can be established through investigations into the other party’s actions to determine their choices leading up to and during the incident. If it can be shown that they ignored their duty to our client or intentionally caused injury, our client likely has a case.

A: Some clients are under the impression that they cannot pursue compensation if they shared fault in the incident that led to their injury or situation. This is not the case unless they are found to be 50% or more at fault for the incident. Courts will determine what percentage of fault each party in the case is responsible for and determine damages based on that percentage. For example, if you are found to be at 20% fault for the accident, you can still generally obtain compensation, but at 20% less than the total damages awarded. This is known as the “Comparative Fault” rule.

A: In a personal injury case, you may be eligible to recover various types of damages, including medical expenses, lost wages, pain and suffering, and emotional distress. In some cases, punitive damages may also be awarded if the defendant’s actions were particularly reckless or intentional. The exact compensation you may receive depends on the details of your case, and consulting with an attorney can help clarify your potential recovery.

A: The timeline for a personal injury case can vary greatly depending on factors such as the complexity of the case, the willingness of the insurance company to settle, and whether the case goes to trial. Some cases resolve in a matter of months, while others can take years. A skilled attorney can help streamline the process and work toward a resolution that fairly compensates you for your injuries.

A: Many personal injury cases settle before ever reaching trial. However, if the insurance company refuses to offer a fair settlement, or liability is disputed, your case may go to court. While trials can take longer, they may be necessary to ensure you receive the compensation you deserve. An attorney can help you evaluate the best course of action for your specific situation.

A: If the insurance company makes you a settlement offer, it is important to consult an attorney before accepting. Insurance companies often offer low settlements in the hopes that you will accept without realizing the full extent of your damages. An attorney can review the offer and negotiate for a fair amount that covers your medical expenses, lost wages, and other damages.

A: Most personal injury attorneys, including our firm, work on a contingency fee basis, meaning you do not pay any upfront fees. Instead, your attorney’s fees are a percentage of the compensation recovered in your case. If no compensation is obtained, you typically do not owe any legal fees. This ensures that legal representation is accessible to those who need it, regardless of their financial situation.