You just got in an accident and you are hurt. Most people dont know what to do or who to call. We’ve all heard about big dollar settlements from cases where someone was hurt, but probably don’t know one of these people personally. And we probably are not attorneys either so we don’t know the law and what our rights are. So how do you know if you need to hire a lawyer?

Injury cases fall under tort law, and in every type of tort claim, you need to prove two essential points. First, was there liability on the other party’s part, and second do you have any damages? If you feel that either of these is the case, you should get legal advice before signing anything. If you don’t know an injury attorney personally, look on the internet for a local one. You can check on their credentials at Martindale Hubbell, and see if they are peer-review rated or not. This will give you some good references to start with before even talking to a single lawyer. But remember, in your case, you have to prove the liability & damages in court.

Most types of personal injury cases that are filed fall under the automobile accident category. That is the most common type of claim. But if you are in a fault state, to win an injury case against the other person, you need to establish that the other person was negligent in the accident. The standard to prove is whether the other party failed to exercise reasonable care or not. Whether you know this or not, all drivers have a duty to exercise reasonable care when they get behind the wheel of a car. If the other driver did not exercise reasonable care & breached that responsibility, then the law states that you can sue for your loss. In states where they have passed no-fault laws, the standard is different, so make sure you consult with an attorney who is in your area.

Strict Liability is another basis for a personal injury claim. It is a growing area of tort law and is gaining importance. If a product is defective and you are injured by that product, you can sue the manufacturer or designer as they are strictly liable for any damages or loss caused by their product. Negligence is a different basis, but you do need to prove that the design of the product or its manufacturing process caused it to be dangerous when used normally.

If someone hits you in the face or body, you could also file a personal injury case against them but under the basis of Intentional Wrongs. These types of cases arent filed as much, but it can happen. Or if you are accused of shoplifting from a store, and the store security wrongfully detains you for a period, you can file a wrongful imprisonment suit against them. They could also have criminal charges filed against them, but the state would have to file them on your behalf, rather than you filing a criminal complaint against them.

Now we come to damages. Did you suffer any monetary or physical damages from your injuries? What type of accident were you in, was it intentional? What is the nature and extent of your damages? Just because you were hurt, does not mean that you automatically are eligible to collect a big payday. You need to prove this in court, and let the court decide the compensation for your loss. However, many lawsuits dont make it to court, and are settled before that happens.

One thing to ask your attorney is what is the statute of limitations for this type of case? Your attorney will be able to let you know how long you have before it is too late to file a case in court. It can be as little as one year for an auto accident. Each state has different laws so be certain to find out so your case doesnt get thrown out of court.

Usually, the answer is yes but it may depend on the type of case you have. If your case is a small dollar value case, then you can probably get by on your own without having to use a lawyer. However, even with a small dollar value case, it may still be good to visit with a lawyer.

Referring to a small case is not meant to diminish the importance because all cases are important to the people injured. However, our legal system cannot restore your health. All it can do is require the party at fault to pay you some money in return for your damages. So small means what you should be able to realistically expect to receive in payment for your injuries.

Some items often used to determine if your case might be considered a small case include the following: (1) if your vehicle was only lightly damaged, like a bumper dent, (2) the medical treatment was for a soft tissue injury and was done in a relatively short time such as 2-3 months, (3) the medical bills were not more than $3,000 to $5,000, and (4) your injuries were not permanent.

Typical cases that might qualify as small cases are typically rear-end collisions where there is only damage to the rear bumper that is less than $1,000.00; where the injured person only saw a chiropractor and was diagnosed as having a soft tissue injury and recovered fairly quickly with no long-term permanent effects. These are the type of cases that people often settle for themselves.

If you have a small case, and your bills are more than $3,000 to $5,000, you will first want to finish your treatment and get released from your doctor. Frequently doctors, such as chiropractors, will tell you that you have reached maximum medical improvement, or MMI. At this point, they will release you from treatment and tell you to come back if you have any problems. Once you are released, you will want to collect the bills and records from all medical providers who have treated you for your injury. If you were initially transported by ambulance and were treated in the ER of the hospital, you will want to collect these records as well.

After you have collected your medical records, you should write a letter to the insurance company stating your your demand or request for settlement. In your letter, you should ask to be reimbursed for your medical bills (and future medical bills if applicable) as well as the pain and suffering you went through and/or expect to go through in the future. You can present your own offer or ask them to make you an offer. The insurance company will then contact you and give you their offer. In most cases, their offer will be less than what you were hoping for. You are always free to make a counter offer and to negotiate with them.

The insurance company could offer to settle your case for the cost of medical bills plus $500 to $1,000 for your pain and suffering. They might offer you more or less. But this is probably in the range of what you might see if you negotiate with them directly for this kind of small case. If you are negotiating a larger case, you should expect more than this. Some law firms offer a free service where they will review the offer from the insurance company, compare it against your records, and let you know whether the insurance company is making a fair offer or not.

Even when attorneys charge there their typical 1/3 contingency fee, it is usually better to use one in larger cases. A study that was done in 1999 by the Insurance Research Counsel, found that people who used a lawyer for their personal injury claim received on average 3 1/2 times more compensation than those persons who settled their own cases.

If your case is a larger dollar amount case, you can ask the attorney whether they will make certain that you receive at least as much as offered by the insurance company. Our practice is to insure our clients get at least as much as offered by the insurance company before our involvement or we will cut our fee to make that happen. This means the client will end up with more money in their pocket than if they had done it alone. This is a good thing to ask the attorney you are thinking of using.

A Chapter 7 Bankruptcy is designed to give you a fresh start by discharging your debts. But some property that is not exempt may be sold in order to pay off creditors.

One of the main points to consider in deciding whether to file a Chapter 7 bankruptcy is what property you can keep and what property you may have to give up.

In the state of Tennessee a person is entitled to exempt up to $5,000 of the value of their home. If a married couple file a Chapter 7, then they can exempt up to $7,500 of the value if their home.

Tennessee law exempts up to $12,500 of the value of a home if the individual filing bankruptcy is 62 years of age or older. If a married couple files a Chapter 7 and one spouse is 62 years of age or older and the other spouse is under 62 years old Tennessee laws provides for up to a $20,000 exemption. If both spouses are 62 or older the exemption rises to $25,000.

Tennessee law grants a $25,000 homestead exemption for an individual filing a Chapter 7 who has at least one dependent child. This exemption doubles to $50,000 when a married couple with at least one dependent child files a Chapter 7.

The amount of equity in your house is important to know when considering Chapter 7. If your exempted amount is more than your equity then there is no chance a Chapter 7 Trustee will seek to sell your house to pay creditors.

If the equity in your house is more than the amount you are entitled to exempt then you will have to pay the difference between the equity minus the exemption, or you will risk losing your house when you file a Chapter 7 bankruptcy.

If you are behind on your house payment then Chapter 7 might not be the best option. A Chapter 13 repayment plan would ensure you retain possession of your home.