It’s one of the hardest times in life – after a debilitating accident. No one wants to be in this situation, but what if you are? You don’t have to go it alone. Because negotiating with the insurance company to try to get your bills covered just as your policy should be designed to do, can feel like David phoning up Goliath to try to make a deal. There are personal injury attorneys who spend years specializing in these kinds of situations. Sometimes all it takes is having one represent you to start a process in motion that would lead to a very different outcome than if you were to try to work with insurers yourself. For a list of questions to help you decide if an attorney can help you, click here.
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Personal Injury Law
What is personal injury law?
Personal injury law involves injury which is caused accidentally, not intentionally, by another’s failure to use reasonable care. This type of law covers situations in which a person’s body, mind, or emotions are hurt, usually due to someone else’s negligence or carelessness. It includes wrongful death and situations where an injury results in a fatality.
How do liability and negligence relate to an insurance claim?
A person may be liable for the injury due to negligent or reckless action. The resulting injury must have been caused by the at-fault party, and must have been a foreseeable result of the at-fault party’s negligent action. So even if someone who commits a negligent action didn't intend for someone to get injured, that negligent party may still be the defendant in a personal injury claim.
What types of personal injury claims are most common?
Types of personal injury lawsuits often arise from automobile, bicycle, pedestrian, boating, aircraft, commercial trucking, and other kinds of vehicle accidents. Personal injury claims can also arise from medical malpractice, defective products, and slip-and-fall claims.
Why do people hire injury attorneys?
A successful personal injury claim may recover monetary funds for medical expenses, property damage, lost wages, emotional pain and suffering, burial costs, and other financial costs that result from the injury. Typically, a personal injury lawyer is hired to oversee the claim, to let an injured person focus on healing without the stress of dealing with the legal side of the accident. Injury lawyers typically offer a no-cost consultation, so there is no downside to speaking with a lawyer about your potential claim.
Two words that can usually lead to a groan from whoever you are talking to is “jury duty”. The process of selecting jurors is called “voir dire”.
Since the at-fault motorist was drunk, our client was entitled to punitive damages based on his reckless conduct.
These are the criticlcal factors that can help you learn if this is a great personal injury lawyer or just a poser that may never even had a jury trial involving one negligently harmed.
Finally, the stressful process of getting into a motor vehicle collision and the dealing with the injuries it caused is coming to an end. Then your attorney tells you that the insurance company also put him or her on notice of a child support lien.
Innocent passengers always have a claim if they have been injured due to the negligence of other drivers. Even if you are in the vehicle that was at fault, you are still the innocent party in the case and therefore you can make a claim.
While months may go by and the client thinks they’re waiting and waiting for the attorney to settle the case, it is actually quite the opposite. In order for the attorney to maximize value for your case, they are waiting for you to finish up treatment.
Most insurance companies and injury attorneys rely on some type of formula to give them an idea what a case is worth.
There are numerous ways for the insurance company to deny your claim. One of their favorite and most frequently used is to assert a legal defense known simply as “misrepresentation.”
Throughout the years I have handled many personal injury claims, I have to say the number one factor that will negatively affect your personal injury claim will be major gaps in your medical treatment.
A Letter of Protection simply states that the letter-issuing law firm has agreed to protect a medical provider’s outstanding balance for treatment provided to the injured party and that upon resolution of the client/patient’s personal injury case, that bill will be satisfied when the personal injury case finalizes.
Oftentimes, people are surprised to learn of the different ways that you can recover money for your injuries in the state of Texas. These are referred to as your “damages”.
n the state of South Carolina, you have three years to file a lawsuit for personal injuries. It is important for you to file the lawsuit as soon as possible.
Insurance companies operate in the realm of risk, not simply because they insure against risky situations like driving, but because they are taking a risk that they may lose money by having to pay a large sum if a claim is filed.
Texas has many different rules and requirements for where a lawsuit may be filed. In a personal injury case, the venue may be one of the following...
A lawyer may be able to field settlement offers and negotiate with the insurance company on your behalf – highlighting the strengths of your case and downplaying any weaknesses.
The problem, though, lies within the nature of the process (i.e one must hire an attorney ASAP since vital parts of the claims process occur right at the start). This makes a long, deliberate approach to selecting a personal injury attorney impractical, at best, and impossible, at worst.
In my experience, the average case should take 6-8 months from the time of the accident. However, there are several factors involved in how long it may take for a client to receive a check after a car accident.
Look for personal injury attorneys that work on contingency fees. This means there will be no upfront cost to you and if your case does not pan out you won’t be liable to the attorneys for their legal work.
Defense attorneys will look for any way possible to reduce your settlement or verdict in your personal injury case, and social media is a weapon they can easily use against you. Here are some quick tips to protect your case...
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