Frequently Asked Questions About Personal Injury and Medical Malpractice Claims

When you’re injured due to someone else’s negligence, you may have legal grounds to seek compensation. Whether it’s a car accident, slip and fall, workplace injury, or medical malpractice, understanding your legal rights is crucial. This guide provides answers to the most frequently asked questions (FAQs) about personal injury and medical malpractice cases.

What Qualifies as a Personal Injury Claim?

A personal injury claim arises when an individual suffers harm due to another person’s negligence, recklessness, or intentional wrongdoing. Common examples include:

• Car accidents (including uninsured or underinsured drivers)
• Slip and fall injuries (premises liability claims)
• Defective products (product liability cases)
• Workplace injuries (workers’ compensation claims)
• Medical malpractice (when healthcare providers cause harm)

If another party’s negligence caused your injury, you might be entitled to compensation.

 

How Do I Know If I Have a Valid Personal Injury Case?

To pursue a claim, you generally need to prove three key factors:

You suffered an injury.

• It must be a physical, emotional, or financial injury.

Another party was at fault.

• The injury occurred due to negligence, recklessness, or intentional misconduct.

You experienced damages.

• These can include medical bills, lost wages, property damage, pain and suffering.

If these factors apply to your situation, consulting a personal injury lawyer can help you assess your case.

How Long Do I Have to File a Personal Injury Lawsuit?

Each state has a statute of limitations, which sets a time limit for filing your claim.

• Most states: 1 to 3 years from the date of injury.
• Some exceptions: If the injury wasn’t immediately discovered, the clock may start later (known as the discovery rule).
• Medical malpractice cases: Some states allow extra time if the malpractice wasn’t initially apparent.

Missing the deadline can prevent you from recovering damages, so speak with an attorney as soon as possible.

 

What Damages Can I Recover in a Personal Injury Claim?

You may be eligible for several types of compensation, including:

Economic Damages (Tangible Losses)

• Medical expenses (past, current, and future medical treatments)
• Lost wages (compensation for missed work)
• Loss of earning capacity (if injuries affect future income)
• Property damage (vehicle repairs, destroyed personal belongings)

Non-Economic Damages (Pain & Suffering)

• Emotional distress (anxiety, PTSD, depression)
• Pain and suffering (chronic pain, physical limitations)
• Loss of enjoyment of life (if injuries prevent daily activities)

Punitive Damages (Extreme Cases)

• Awarded when the defendant’s behavior was reckless or intentional (e.g., drunk driving accidents, gross negligence in medical malpractice).

The total settlement or court award depends on factors like injury severity, long-term impact, and legal representation.

 

Do I Need a Lawyer for a Personal Injury Claim?

While you can file a claim without an attorney, having legal representation significantly increases your chances of fair compensation.

Benefits of Hiring a Lawyer:

• Negotiates with insurance companies (who often offer low settlements)
• Gathers evidence (medical records, expert witnesses, accident reports)
• Calculates fair compensation (accounting for both economic and non-economic losses)
• Handles legal filings & deadlines (to avoid missing statute limitations)
• Represents you in court (if settlement negotiations fail)

Hiring a personal injury attorney ensures you don’t accept an unfair settlement and maximizes your compensation.

 

How Is a Personal Injury Settlement Calculated?

Factors That Affect Settlement Amounts

Severity of the injury

• More severe injuries = Higher settlements.

Medical expenses & future care

• Ongoing treatments, surgeries, or rehabilitation increase compensation.

Lost wages & earning potential

• If injuries prevent future work, this significantly affects damages.

Degree of fault

• If comparative negligence applies, your payout may be reduced.

Insurance policy limits

• Some settlements are capped based on available insurance coverage.

Every case is unique, and an experienced lawyer can assess the true value of your claim.

 

What If I Was Partially at Fault?

Many states follow comparative negligence laws, meaning you can still recover damages, but they will be reduced by your percentage of fault.

Pure Comparative Negligence:

• You can recover damages even if 99% at fault, but compensation is reduced accordingly.

Modified Comparative Negligence:

• You can’t recover damages if you are more than 50% at fault.

Understanding your state’s specific negligence rules is essential in personal injury cases.

Will My Personal Injury Case Go to Trial?

• Most cases (95%+) settle out of court through negotiations with insurance companies.
• If a fair settlement isn’t offered, your lawyer may take the case to trial.

The trial process includes evidence presentation, witness testimonies, and legal arguments, but many cases are resolved before reaching this stage.

 

Medical Malpractice FAQs

Medical malpractice is a specialized area of personal injury law. Below are the most common questions related to these claims.

 

What is Medical Malpractice?

Medical malpractice occurs when a doctor, hospital, or healthcare provider fails to meet the accepted standard of care, leading to patient harm.

Examples of Medical Malpractice:

• Misdiagnosis or delayed diagnosis
• Surgical errors (wrong site surgery, leaving instruments inside the body)
• Medication mistakes (incorrect dosages, harmful drug interactions)
• Birth injuries (cerebral palsy, oxygen deprivation)
• Failure to obtain informed consent

A medical malpractice lawyer can help you determine if you have a valid claim.

 

How Do I Prove Medical Malpractice?

To win a malpractice case, you must prove:

• Doctor-patient relationship existed.
• The provider acted negligently.
• The negligence directly caused injury.
• You suffered damages (physical, financial, emotional).

Expert testimony is often required to demonstrate how the provider deviated from the standard of care.

What Damages Can I Recover in a Medical Malpractice Case?

You may be entitled to:

• Medical costs (corrective treatments, ongoing care)
• Lost wages & reduced earning ability
• Pain and suffering
• Loss of enjoyment of life
• Punitive damages (for egregious negligence)

Some states cap non-economic damages in malpractice cases, so consult a medical malpractice attorney to understand your options.

 

How Much Does a Personal Injury or Medical Malpractice Lawyer Cost?

Most personal injury and medical malpractice attorneys work on a contingency fee basis:

• No upfront cost
• Attorney only gets paid if you win
• Fees range from 25%-40% of the settlement

This arrangement makes legal representation accessible to injured individuals who need expert guidance.

 

Contact Matzus Law, LLC Today

If you’ve suffered an injury due to negligence, a car accident, or medical malpractice, understanding your legal rights is the first step toward compensation. Insurance companies may try to minimize payouts, but hiring an experienced attorney can maximize your claim. Contact Matzus Law, LLC today to evaluate your case.