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Vermont Personal Injury
If you have experienced a personal injury because of an accident that occurred in Vermont and was caused by another party, you might be entitled to receive compensation. The compensation or recovery you may receive is intended to reimburse you for damages stemming from your personal injury. For example, your damages may consist of past and future medical expenses, past and future lost wages, and compensation for pain and suffering you and your family have had to endure throughout your injury, treatment, and recovery phases.
Types of Personal Injuries in Vermont
Personal injuries in Vermont, much like elsewhere in the United States, can happen in a wide variety of ways. They also occur along a continuum of degrees in terms of severity. The triggers for a majority of Vermont-based personal injuries typically fall into these categories:
- motor vehicle accidents
- wrongful death
- medical malpractice
- product liability
- dangerous and defective drugs
- aviation accidents
- recreational vehicle accidents
- toxic torts
- food and chemical poisoning
- nursing home abuse and neglect
Or there may be other causal factors.
What Is Required to Prove a Personal Injury Claim?
There are several legal elements that must be established to assert a viable and potentially prevailing personal injury claim in Vermont. The claimant must be injured, as a starting point, and must have suffered a loss or damage because of actions or inaction on the part of another. The defendant must have failed to adopt reasonable care (negligence) in his or her actions in the particular situation or circumstances, as well. The plaintiff's case must also demonstrate the defendant's actions or inaction were the legal or proximate cause of the resulting injuries and harm. These basic legal elements are required for a plaintiff to establish a personal injury and/or wrongful death claim in Vermont.
How Are Personal Injury Cases Handled After a Vermont Lawyer Becomes Involved?
Every lawyer and law firm operates differently in personal injury law. Despite disparities in operating procedures, many firms and attorneys attempt to negotiate settlement prior to taking on risks, expenses, and exposure in litigating cases. A settlement offer is prepared to summarize and present your claims by your personal injury lawyer.
That claims settlement proposal package is sent to the insurance adjuster or claims professional handling the claim. Negotiations begin and either resolve short of litigation or trial becomes necessary. In many cases—perhaps as many as 80 to 90 percent—negotiations are sufficient to resolve your claim. A minority of cases require litigation, however.
The law firm will present the prospective client with a fee agreement up front regarding the payment of expenses during the case and percentage of settlement or award the attorney will receive if the plaintiff recovers any funds. That amount usually varies between 25 and 40 percent in most jurisdictions. The facts and circumstances of each case vary. A Vermont personal injury attorney can best discuss any specific questions and concerns through an initial consultation.
Find a local Vermont personal injury attorney today
A Vermont personal injury lawyer can help evaluate your situation and explain your legal options. If a personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.