Determining exactly what occurred during an auto accident is crucial, not just for insurance companies, but for the drivers involved as well, as certain auto accidents can lead to exposure to criminal liability.
Need Legal Help Now?
Basic aspects of a personal injury claim
What are some basic aspects of a personal injury lawsuit?
When someone has been seriously injured or killed in a vehicle accident, a lawsuit is often filed to protect the rights of the injured party. Since the law can be difficult to understand, and since a personal injury lawsuit can be complicated, here is information to provide a basic understanding of the process and terminology.
What is a personal injury case?
A personal injury case is a legal dispute that begins when one person suffers harm due to the actions of someone else. Sometimes the dispute is settled prior to the launch of a formal lawsuit. Other times, a suit is filed if the parties involved cannot agree to an insurance settlement.
What is an insurance settlement?
An insurance settlement is the payment from an insurance company to the insured to settle an insurance claim within the guidelines determined within the insurance policy.
How does an insurance policy affect a personal injury claim?
When someone is injured in an accident, the insurance policy of the at-fault driver is required to pay for the person's injuries, including the cost of medical treatment and surgery, rehabilitation, lost work and wages, damaged property, and other costs. An insurance policy will only pay to the limit of its value, known as the policy limit. Even if the injured person's medical bills total $50,000 but the insurance policy limit is $25,000, then only $25,000 is available in insurance coverage. The injured person's own insurance policy also can pay towards that person's recovery. Go to this link for more comprehensive information on insurance policies.
What are damages?
In a personal injury case, money damages are paid to the injured person by the person or their insurance company, who is determined to be at fault for the accident or injury. A damage award is agreed upon during a negotiated settlement, or during a court trial.
What are statutes of limitations?
Statutes of limitations are written laws that restrict the maximum time after an event that legal proceedings can be initiated. Once this period of time has passed, a claim can no longer be filed.
It is important to know the statute of limitations in the state that an accident or injury occurred, and that the resulting legal claim be filed within the timeframe allowed, to ensure that an injured victim's rights are maintained.
Go to this link to see the statute of limitations in each state.
How will an injury attorney help with an insurance claim?
An experienced personal injury attorney helps by overseeing all aspects of the insurance claim process so that the injured person can focus on healing and getting life back on track. A lawyer handles all stages of the claim from gathering information and handling correspondence with all involved parties, to negotiating a full settlement. Since it typically costs nothing initially to consult with an attorney, the decision to bring a lawyer onboard is an easy one to make.
So what’s the case here in Missouri? When can you and can’t you recover for the injuries you experience in a car accident? Take a look at some of the guidelines here to check.
Our Atlanta auto accident attorneys explain why you should be cautious about what you post and how your pics or tweets could be used against you in an injury case.
When you have been injured as a result of someone else’s negligence,1 or if you have been injured by a defective product or while on the job, your top priority should be getting better and receiving the necessary medical treatment that you need to recover fully.
But, bringing as much evidence as possible to your free consultation with your personal injury attorney means they can give you a more accurate opinion of what they can do for you, given the unique facts of your case.
As a Cincinnati personal injury lawyer I have settled or litigated many claims where more than two motor vehicles were involved. If you do not get the negligent parties in the case the other defendants may point the finger at the so called "empty chair."
Rightly or wrongly, failing to seek immediate care following an accident sends a message to the insurance company that you were not all that seriously injured in the accident.
But what are the most common personal injury claims that we at the David Aylor Law Offices see in South Carolina? We’re glad you asked. The injuries that we deal with most often include the following...
However, many people later realize that they may have made a mistake by calling an accident hotline instead of a respected personal injury law firm.
The following are some key differences between the help that our law firm provides and the services you will receive from calling 411-PAIN.
You can file a personal injury lawsuit when there’s been any injury to your body, whether it’s a physical, mental or emotional injury. If you can prove liability and damages against the defendant, you could be awarded compensation.
In order to hold a party liable for your medical bills, lost income, and other losses stemming from an auto accident, you must first identify that responsible party.
Fortunately, our legal system provides a wide range of rights and protections for personal injury victims. However, you must be able to prove negligence and demonstrate that you suffered damages in order to have a strong personal injury case.
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.
From our vast experience with car accident cases, we have compiled a list of five common car accident injuries, along with some details about how they are treated and what damages can be compensated.
An attorney cannot pay money for a case and should not. Attorneys can refer cases to another attorney and those attorneys can split attorney’s fees. Since, in this case, both parties are attorneys, the attorneys are allowed to structure an agreement to split the fee.
Unfortunately, medical mistakes are now estimated to kill up to 440,000 people in U.S. hospitals each year, making preventable errors the third leading cause of death in American behind heart disease and cancer.
After a car collision in Georgia, it is important to understand how car insurance policies function to help injured people recover and to hold the at-fault driver accountable. Learn more here about what it means for Georgia to be a "Fault" car insurance state, and how that affects insurance claims after a serious crash.
I cannot tell you how many times a client was in a minor impact accident and “felt a little sore” only to find out they have significant injuries that would require surgery for them to fully recover. So when you are in a car accident and there might be minimal property damage and you feel pain, it’s best to seek medical attention so they can take a look and determine if you have injuries that need attention.
Fifty hospitals in the United States are charging uninsured consumers more than 10 times the actual cost of patient care, according to research published in Health Affairs. Twenty of these hospitals reside in none other than Florida.
he best way to answer that question is that it depends on the specific facts and circumstance of the incident that led to the injury. While every injury and claim is different, there is certain information that can always be helpful when deciding what to do when you are injured, beginning with being familiar with different types of common injury claims.
Not all auto accident injury lawsuits in Las Vegas will operate in ways that people expect. There are numerous misconceptions that people need to be aware of as their cases are being handled in a court of law.
One element that is frequently overlooked in a personal injury lawsuit is to plan it out well in advance so you will be more likely to succeed and win your case. You should watch for the many mistakes that can keep a lawsuit from being successful.
- Page 1
- next ›