Personal Injury Attorneys

What Is Personal Injury Law?

Personal injury law empowers individuals to take action against persons or entities who negligently or intentionally cause them harm. 

Someone may be able to file a civil personal injury lawsuit against a party who carelessly causes an accident or perpetrates a deliberate, injury-causing act. Personal injury laws also cover defective products, including defective drugs, as well as defamation. 

Personal injury laws vary by state. Generally, though, the goal of personal injury law is to hold the offending party accountable by compelling them to fairly compensate the victim for the harm they have caused. 

Types of Personal Injury Cases We Handle

Our firm can assist you with many types of personal injury claims. When you first meet with our team, we will listen to your story and go over the facts of the case. From there, we will advise whether you have a strong claim and determine how we can help. 

Our personal injury attorneys are prepared to take on claims involving:

• Brain Injuries. These life-altering injuries tend to result from vehicular accidents, slip and falls, medical malpractice, and physical assaults.
• Car Accidents. A motorist is liable for your injuries if their negligent driving causes an accident. Examples of negligent driving include excessive speeding, texting while driving, and any failure to follow the rules of the road.
• Drunk Driving Accidents. A drunk driver can face civil liability as well as criminal charges. In some circumstances, a restaurant or bar that knowingly overserved a patron can also be held responsible for the actions of a drunk driver.
• Mass Torts. A “mass tort” involves multiple parties who experienced similar forms of harm taking legal action against one or more negligent parties. They are often used to litigate widespread injuries caused by defective drugs and other products. We specifically handle cases involving hernia mesh, Roundup, and Zantac. 
• Pedestrian Accidents. Pedestrians who are struck by a vehicle tend to suffer catastrophic injuries that warrant personal injury litigation.
• Premises Liability. Premises liability laws differ by state, but property owners generally owe patrons and invited guests a duty of care. If they fail to resolve hazards they knew or should have known about, an injured party may have a claim.
• Truck Accidents. Liable parties may include the truck driver, the trucker’s employer, the cargo loaders, the truck’s manufacturer, and the truck’s maintenance crew.
• Wrongful Death. When an accident results in a fatality, the victim’s qualifying survivors can pursue just compensation on their behalf. Each state has its own rules for who can bring a wrongful death lawsuit.

The Personal Injury Process

The timeline for your personal injury case will depend on your specific circumstances, including the applicable laws of your state. Some claims can be settled relatively quickly – within a few months – while others may take several years to litigate and resolve. 

After reviewing the details of your situation, our personal injury lawyers can walk you through what to expect.

Most personal injury cases involve the following stages:

• The accident or incident. The personal injury process does not start until the plaintiff experiences some form of harm due to the negligent or deliberate actions of another party. 
• Decision to file a claim. The plaintiff will need to decide whether they wish to pursue a claim. If the injuries they sustained are minimal, they may choose not to take legal action. If they experienced serious, life-changing injuries, a personal injury claim may be the only way to cover their expenses. Before proceeding, a legal professional will evaluate what happened, conduct an initial investigation, and determine who is liable. There may be multiple liable parties.
• First attempt at settlement. In some situations, simply threatening to file a personal injury lawsuit may be enough to secure a just monetary settlement, especially if there is an abundance of evidence supporting the claim. The negligent party may wish to avoid the costs of litigation and resolve the case quickly.
• Filing of the claim. If the negligent party declines to settle, the plaintiff will need to formally file the lawsuit. This must be done before their state’s statute of limitations expires.
• Discovery. Both sides will prepare for the possibility of a trial by conducting additional investigations. They will gather evidence, depose witnesses, and submit questions to the other side. Depending on the size and complexity of the case, the discovery process can last a substantial amount of time. 
• Second round of negotiations. Before going to trial, the representatives of the plaintiff and defendant will typically make another attempt to negotiate a settlement. Avoiding courtroom proceedings is the goal, though a fair out-of-court settlement is not always possible.
• Trial. If the plaintiff’s legal representative cannot secure a monetary settlement that covers all of their losses, the case may go to trial. 

Why Hire our Personal Injury Law Firm?

Our attorneys at Shane Smith Law have a complete understanding of how to successfully navigate these cases in many states. 

Having settled over 10,000 cases, our track record speaks for itself. We have the experience, tenacity, and litigation skills needed to win, and our personal injury attorneys will always make every effort to maximize your recovery. 

Do not wait to get advice if you were harmed in an accident and are considering taking legal action. Call (980) 246-2656 or contact us online to learn more about your options.