Mattise & Kelly P.C

Personal injury is a very broad topic that encompasses any and all injuries suffered by one individual and caused by another. It includes vehicle accidents, slips and falls, product liability claims and professional malpractice claims. It includes claims arising from non- fatal injuries, as well as the wrongful death and survival claims that stem from fatal injuries.

Among the different types of personal injury claims we pursue are: Auto Accidents, Aviation Accidents, Boating Accidents, Construction Accidents, Defective Products ( Product Liability), Dog Bites, Dram Shop/Liquor Liability, Electrocution Accidents, Insurance Bad Faith/Denials, Motorcycle Accidents, Nursing Home Negligence, Pharmacy Errors, Premises Liability (Slip, Trip & Falls), Tractor Trailer/Truck Accidents and Workplace Injuries. Some of the more common types of personal injury cases are discussed in more detail under their individual headings. However, we handle almost all types of personal injury claims..

Most personal injury lawsuits seek to compensate an innocent victim for damages which result because of the negligence of another. Others are based on strict product liability, breach of warranty or intentional acts. The damages for which you may be compensated include pain and suffering (both physical and mental), lost wages, medical and pharmaceutical expenses, lost earnings and earning capacity (includes future wages), cosmetic disfigurement (including scarring and any other physical deformity), mental anguish and emotional distress.

Although dependent on the individual circumstances, it generally takes some time before its advisable or possible to resolve a personal injury claim, to allow the extent of injuries to become clear and to put the case together.

If the claim cannot be resolved through settlement negotiations, a lawsuit is filed with the local trial court, either state or federal. Most. but not all, lawsuits settle before they go to trial before a judge and jury. A case may not settle because the liability (fault for the injury) is being disputed by the Defendant or because the Defendant disagrees with the victim's valuation of the case.

A victim has two (2 ) years from the date of his or her injury to file a lawsuit . If the lawsuit is not filed within 2 years of the date of the injury the statute of limitations will expire and the victim's claim will be barred forever. Note that the statute of limitations on the personal injury claim of a child under the age of eighteen does not expire until his or her twentieth birthday, but the parents’ claims for medical expenses for that same child expire two years after the injury.

Witnesses at a trial usually include the victim, his friends, relatives , and possibly his employer or co-workers or others to discuss how his life has been changed; his doctor(s) to discuss his injury, treatment and recovery; and witnesses to the accident. The victim's lawyer may be required to hire an expert to establish the theory of liability (fault) or to explain the victim's damages.

Although personal injury includes any form of injury suffered by the victim, the rules pertaining to bringing the claim or recovering money damages may differ. Some cases must be brought in Federal Court, others in State Court and some may be brought in either. Claims against the Federal Government are handled differently than claims against the State or a local government. In some types of lawsuits the damages which may be recovered by the victim may be limited. For example, in a suit involving a claim for injuries caused by a motor vehicle accident, the victim usually may not recover medical bills or wage loss which has been paid, or is payable, by his or her own insurance (i.e. automobile medical insurance, Blue Cross/Blue Shield, employer disability policy, automobile insurance wage loss coverage). With accidental injuries, medical expenses paid by Medicare or Medicaid and often by private insurers such as Blue Cross/Blue Shield may have to be reimbursed from monies the victim recovers. Claims against the State or local government agencies, such as cities, town or school districts, have their own specific limitations. If the victim's injury is work related and his only claim is against his employer or a co-worker, the victim may be limited to a Worker's Compensation claim for which he may recover 2/3 rds of his lost wages and payment of his medical expenses. (See the discussion of Worker's Compensation claims also contained on this web site).

If you have any questions concerning a personal injury claim, contact us.