If you have been injured due to someone else’s negligence, be it reckless or intentional, we hope you are on the road to recovery. However, it is likely that some person, company, or corporation is directly responsible for your injuries; or a beloved family member’s wrongful death. Our team of caring and experienced DC personal injury lawyers at Price Benowitz LLP will fight for our clients to help them win the rightful justice they deserve and seek compensation so they and their families can resume their normal lives. Our team of DC injury attorneys at Price Benowitz LLP is well-suited to serving all your needs. We will provide a free and honest appraisal of your case and answer every question you have about the complicated aspects of personal injury law and the equally intimidating claims process. When you call our injury law firm — no matter the time — you will immediately speak with a caring and knowledgeable staffer who can schedule a consultation with an attorney located at our Washington, DC offices. En Español.

Your initial, and free consultation appointment will occur very quickly with one of our dedicated attorneys. We handle every one of our cases on a contingency basis, which means you will pay nothing unless you obtain compensation. Even if you are an undocumented immigrant, your residence status should not disbar you from seeking recovery for an injury you’ve suffered in DC. However, it is still helpful to consult with an experienced attorney before you proceed. We strongly believe that an educated client makes a successful plaintiff. Below you will find a general overview of personal injury law. It will only take a few minutes to review and is well worth your time; because the better you understand the basics, the more informed your decision will be when choosing counsel to represent your interests. We also have injury law offices in Maryland and Virginia.

Principle of Personal Injuries in DC

Personal injury is the legal term given to bodily harm. A common example is a truck accident where, a few days later, you can hardly move your head due to severe neck pain. Vehicle collisions—such as head-on, rear-end, side impact, and failure to yield accidents—can lead to catastrophic injuries for bicyclists, pedestrians, and motorcycle riders.

Other examples include a doctor’s misdiagnosis of a “minor bump on the head” after you slipped and fell, and later you begin to show symptoms of traumatic brain injury. Premises liability claims also fall under the personal injury umbrella because such cases often involve injuries sustained because another individual or organization failed to provide the injured party with a reasonable standard of care. Defective products that are unsafe and cause you harm are another example of personal injury cases.

Medical malpractice occurs when doctors or other healthcare professionals fail to uphold their profession’s standard of care and cause harm to patients. Some common examples of medical malpractice include misdiagnosis, surgical mistakes, prescription errors, and birth injuries.

Personal injury can also involve intentional harm, such as nursing home abuse. Seniors who experience mistreatment at a nursing home or assisted living facility may be entitled to compensation for bedsores, infections, physical abuse, and other injuries.

Other common injury cases stem from accidents occurring at the workplace. Following an on-the-job injury, victims may be eligible for workers’ compensation benefits to cover their medical expenses and lost wages.

There’s no limit to the ways in which a person can be injured, and many cases include more than one defendant. In the most tragic cases, individuals may die as a result of their injuries, which can be grounds for a wrongful death claim. An experienced personal injury lawyer in DC will be able to assist you in the event you elect to pursue legal action, irrespective of the type of personal injury you have suffered.

Elements of Personal Injury Claims

It’s important to keep in mind the following four elements that must exist in any personal injury claim: Injury — Someone must be injured. But not all acts of negligence cause “injury.” This can be confusing. Legally, an injury occurs only when serious symptoms continue after the accident. If you merely slip and fall on someone’s property and only suffer a painful bruise that disappears in a few days, you have not been legally injured. Liability — The person or business entity you blame for your injury must have legal liability. There must be something that this entity or individual was legally required to do (or not to do) and their failure to do so caused your injury. Duty (or “duty of care”) — A person or legal entity is required to act toward others and the public with “watchfulness, attention, caution, and prudence with reasonableness.” If a liable party’s actions fail to meet their legal standard of duty, then negligence and damages may be claimed by the injured party. There are several levels of duty, which your DC injury lawyer can explain to you during your initial consultation. Damages — The amount of money a plaintiff (the injured victim) may be awarded in a lawsuit. There are many types of damages, which are also best left for your DC injury attorney to explain. However, damages typically fall into two basic categories: (1) actual damages are those the defendant owes you directly; and (2) punitive damages represent additional monies levied against a defendant in order to punish his or her conduct. Additional considerations like hospital liens may also factor into a case.

A Step-by-Step Guide to Filing a Personal Injury Claim

Filing a personal injury claim can be a complex process. This step-by-step guide will help you understand the necessary actions, paperwork, and deadlines to ensure your claim is handled properly.

Seek Medical Attention

Your health is the top priority. After an injury, seek medical attention immediately. Document all medical visits, treatments, and expenses, as these will be crucial for your claim.

Gather Evidence

Collect evidence related to the accident. This includes photographs of the scene, witness statements, police reports, and any other relevant documentation. This evidence will support your claim by demonstrating how the accident occurred and the extent of your injuries.

Notify the Responsible Party

Notify the party responsible for your injury about your intention to file a claim. This might involve informing their insurance company or directly notifying the individual or entity involved.

Consult a Personal Injury Lawyer

Speak with an experienced personal injury lawyer in Washington, D.C. They can provide valuable guidance, help you understand your rights, and handle the complexities of your case.

File an Insurance Claim

If your injury resulted from an accident covered by insurance (e.g., a car accident), you will need to file a claim with the relevant insurance company. Gather all necessary documentation to cooperate with the insurance adjuster’s investigation.

Complete Necessary Paperwork

A lawyer could help you complete the necessary paperwork for your personal injury claim. This typically includes a formal claim letter outlining the details of the accident, your injuries, and the compensation you are seeking.

Submit the Claim

Submit your claim to the appropriate insurance company or, if necessary, file a lawsuit in the appropriate court. In Washington, D.C., personal injury lawsuits are typically filed in the D.C. Superior Court.

Meet Deadlines

Meeting deadlines is critical. In Washington, D.C., the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. Missing this deadline can result in losing your right to compensation.

Negotiate a Settlement

Most personal injury claims are settled out of court. Your lawyer will negotiate with the insurance company or the responsible party’s legal team to reach a fair settlement. This process may involve several rounds of negotiation and counteroffers.

Prepare for Trial (if necessary)

If a settlement cannot be reached, your case may go to trial. Your lawyer will prepare your case, gather expert witnesses, and represent you in court. The trial process can be lengthy and involves presenting evidence, examining witnesses, and making legal arguments.

Receive Compensation

If your claim is successful, either through a settlement or court judgment, you will receive compensation for your injuries. This compensation can cover medical expenses, lost wages, pain and suffering, and other related costs.

Follow Up

After receiving compensation, ensure that all medical bills and other expenses are paid. Follow up with your lawyer to close the case and address any remaining issues.

Experienced DC Personal Injury Attorneys

By now, you probably have a lot of questions. That’s understandable. And that is why it is important for you to speak with an experienced DC personal injury attorney. He or she can walk you through the claims process and dispel any fears or concerns you may have. It’s important to note those who fail to retain an attorney can run the risk of compromising their compensation rights, usually due to the tactics of an insurance company and their team of high-priced lawyers. Well over 90 percent of personal injury defendants are represented by an insurance carrier. Their first line of defense is an insurance adjuster whose job is to offer you the least amount of compensation. Without an experienced DC injury lawyer or car accident lawyer, what do you do? For if you accept an offer, usually far below the true value of the harms and losses you have suffered, you must sign a release. That release can limit your ability to seek further compensation if your injuries, and any related costs, increase in the future. Another advantage to retaining a passionate personal injury attorney is the comfort that comes from knowing all the calls and bully tactics employed by many insurance adjusters and their lawyers will stop because your DC injury attorney will be the only person to deal with these individuals. In addition to the valuable legal representation you will receive in and out of court, a personal injury law firm also knows how to effectively investigate plaintiff accident and injury claims. The evidence they unearth during their discovery will be used to bolster your claim. Armed with this information, and expert witnesses, they can negotiate for a fair settlement, and you will avoid the need for a costly trial. A lawyer with years of experience under their belt will also be able to provide information about MRI and CAT scans and whether it would help a person’s case to have those tests done. A settlement can result in greater damage amounts than those you might have secured had you taken the case to trial. And a settlement is often the fastest way to resolve the issue for all parties involved. A dedicated personal injury attorney will know when this option is in your best interest, and when your best course of action is to take your fight to court.

Tips when looking for "The Best DC Injury Lawyer"

Tip #1: Don’t look for the “best DC injury lawyer.” Instead, look for the attorney or law firm that you feel is the best fit for you and your case. When you have been wronged by another person or company in a way that results in some harm to you, whether physical or financial, it can be a very aggravating situation. For that reason, we believe, we hear from many people who want to file a case and who want “the best lawyer in DC” to represent them. There is always the possibility that if an attorney isn’t the exact right fit, but has the necessary knowledge for your particular case, for a co-counsel agreement between two or more attorneys. Our firm’s policy is to place the client’s desires and wishes first and foremost. However, there is a potential for issues to arise between co-counsels on a single case. Additionally, there is also a chance that an attorney will refer you to another attorney that might be better-equipped to handle your needs.

However, the truth is that there is no such thing as a “best lawyer or law firm in DC.” What you should be looking for is the attorney or law firm who is qualified to take your case and who you believe is the right fit for you. The law is very broad, and different attorneys have experience handling different kinds of cases. For instance, an attorney who handles civil rights cases may not have experience with medical malpractice. Just as important, you should find a lawyer and law firm who you feel is the right to represent you and your interests. Rather than looking for “the best law firm in DC,” you should consult with different attorneys who have experience handling cases like yours and look for an attorney you feel you can trust and build a strong relationship with.