Personal Injury

A personal injury is any harm caused to your body or mind due to someone else’s actions-or failure to act responsibly. Common examples include:

• Car accidents
• Slip and falls
• Medical errors
• Unsafe or defective products
• Dog bites or other premises injuries

If you’ve been hurt and someone else is at fault, you may have grounds to pursue compensation for your injuries, lost income, and other damages.

Yes-this is known as the statute of limitations. Depending on your state, you generally have 2 to 6 years from the date of the injury (or when the injury was discovered) to file a lawsuit.

Tip: Don’t wait. Missing a deadline could prevent you from ever pursuing your claim. LegalShield members can consult with a WFJ attorney early to understand the timeline of their situation.

To win a negligence claim, you must show:

• Duty of care-the other party had a responsibility to act with reasonable care.
• Breach-they failed to meet that standard.
• Causation-their breach caused your injury.
• Damages-you suffered real harm or losses.

Some relationships (like employer/employee or landlord/tenant) carry even greater legal responsibility.

If you were partially at fault for the incident, your compensation might be reduced. This is called comparative fault, and it varies by state.

Example: If you were 20% responsible for a car accident, your damages might be reduced by 20%. An attorney can help determine how this rule may appy to your case.

Tes, There are two other common types:

• Strict Liability-You don’t need to prove negligence. This often applies in defective product cases.
• Intentional Torts-These involve deliberate actions, like assault, battery or defamation.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury. These cases are complex and usually require expert medical testimony.

Important: A bad outcome alone doesn’t aways mean malpractice occured. Talk to an attorney to understand your rights.

Subrogation is your insurance company’s right to be repaid from your settlement. For example, if your health insurance paid for your treatment after an accident, they may be reimbursed from any money you recover.

Your attorney can negotiate subrogation liens to ensure your settlement still compensates you fairly.

Most personal injury attorneys work on a contingency fee basis. That means:

• You don’t pay upfront.
• They only get paid if you win (usually a percentage of your settlement or verdict).
• Fees and expenses are typically reimbursed from the final recovery.

This is different from a retainer (a payment made upfront for ongoing legal work) or a flat fee (one-time payment for a specific service).

Yes-especially if your injuries are more than minor. A skilled attorney helps you:

• Navigate complex laws and paperwork
• Communicate with insurance companies
• Maximize your compensation
• Avoid common pitfalls

LegalShield members can get consultations and representation through their provider law firm, like WFJ, which offers personalized, professional support every step of the way.