If you have been in a car crash or an accident and suffered injuries, it may be time to call a personal injury attorney. They will represent your best interests and navigate you through the legal procedures as well as make sure all the necessary paperwork is correctly filed in time. Often, insurance companies work to minimize how much money you receive, and a good attorney will be your advocate and help you receive fair compensation.
If you have sustained an injury, should you hire an attorney? What counts as a personal injury and when should you call? If you are uncertain whether you have a claim or not, we can help. Below, we’ll look at what constitutes a claim and when you should seek representation by a personal injury attorney in Oregon:
What Qualifies as a Personal Injury?
Auto accidents are the most common for filing a personal injury claim, but the term encompasses more than injuries sustained from a traffic accident. In fact, both psychical and psychological damages are considered when claiming personal injury. The term is broader than many realize, and your accident may fall under the umbrella of personal injury.
So what exactly qualifies as a personal injury? Personal injury is the legal term for an injury to the body, mind, or emotional well-being of an individual that is caused by negligence or intentional wrongdoing. The term can apply to accidents, illnesses, or trauma causing physical or psychological harm.
Personal injury claims can include workplace accidents, medical malpractice, slip-and-fall cases, faulty products or machinery, travel accidents, and criminal injuries. Since these claims can include physical, mental, and emotional injury, personal injury can range from workplace exposure to hazardous or harmful substances or mental anguish such as worry, insomnia, or PTSD.
If you have experienced “pain and suffering” due to an accident, you should call a personal injury attorney and discuss your options and whether you can claim compensation for your losses.
Examples of Pain and Suffering
If you are unsure whether you should pursue a claim after an accident, below is a simple checklist of possible symptoms of physical or mental discomfort that count as pain and suffering.
Physical Pain and Suffering
Physical pain from an accident or injury may be temporary or chronic. You may have been harmed due to negligence or intentional wrongdoing. In either case, you may be entitled to compensation. If so, it may be in your best interest to call a personal injury attorney and seek compensation for the following symptoms:
- Muscle pain
- Back pain
- Neck pain
- Nerve damage
- Headaches
- Dislocated joints
- Broken bones or fractures
- Internal organ damage
Mental Pain and Suffering
Pain and suffering also includes mental or emotional distress directly related to your injury. Though this can be hard to quantify, it’s important to identify all the ways you have been affected. These can include, but are not limited to:
- Depression
- Anxiety
- Insomnia
- PTSD
- Grief
- Anger
- Fear
- Humiliation
- Shock
- Damaged reputation
- Sexual dysfunction
- Loss of companionship
- Loss of quality or enjoyment of life
These lists are not exhaustive. If you have any of the above symptoms after an accident, you may be entitled to compensation and should consider contacting an attorney. If your experiences are not reflected in the above checklists, you may still have cause to file a personal injury claim and seek compensation. If you are unsure, contact a reputable firm for legal advice, as they will have a better understanding of what your best options are and how to proceed.
When to Pursue Compensation for Losses
If any of the above events or experiences resonate with your particular circumstance, you may have a case and be entitled to compensation. If this applies to you, consider hiring an attorney to be your advocate and represent your best interests.
You may also be entitled to compensation for economic damages. These can include medical bills, lost wages, property damage, and lost earning capacity (future lost wages).
If you live in the Oregon area, your personal injury attorney should have experience representing clients similar to your accident. Ask questions about the type of personal injury cases they’ve handled and their outcomes.
It’s also important to file a claim as soon as possible, as Oregon has a two-year statute of limitation for personal injury claims. If you do not file within two years from the date of the incident, your case may be dismissed. Don’t wait, contact an attorney and file a lawsuit as soon as possible.
The Bottom Line: Do You Have a Case?
Let’s recap: if you have experienced economic damage or physical or mental pain from an accident or injury caused by negligence or intentional wrongdoing, it may be time to file a claim and seek compensation. Common types of personal injury include auto accidents, work-related accidents or illnesses, medical negligence or malpractice, occupational hazard, or public transportation accidents.
These cases can be complicated, and you may be entitled to more compensation than you realize. A personal injury attorney will understand the type of losses you can claim. They will also have a better understanding of how much money you should receive for these losses. Your insurance company may be acting in bad faith by not negotiating a fair settlement. Your personal injury attorney in Oregon will represent your interests and negotiate on your behalf so you can receive the compensation you deserve.
You should also consider hiring a personal injury attorney if the liability for the accident is disputed or you are being considered partially liable for your injuries. Acting as your advocate, your lawyer will gather the necessary evidence to prove who is at fault, as well as understand how to dispute unfounded allegations.
If you or a loved one has suffered an injury, Warren Allen LLP offers solid legal advice and representation. Call us today to learn what your options are; we’ll work to help you receive the compensation you deserve and the best resolution possible so you can focus on healing.
Meta: In this article, we’ll cover when to contact a personal injury attorney in Portland, and what a personal injury claim may entail.