Many times when people approach law firms about an accident they were involved in, they wonder why the lawyers are asking them some of the questions that they do.
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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.
You, as a member of the jury, are there to make a ruling on the facts presented during the trial. At the end of the trial, once all sides have presented their evidence, you will be given a jury charge.
Duties under duress are daily tasks which were once easy for the accident victim to complete, but are now painful and difficult to accomplish. These duties are typically broken down into categories including: work, household, domestic, and educational duties.
After a lawsuit has been filed by the plaintiff, and the defendant or defendants have answered, “discovery” is conducted. Oftentimes, clients are confused as to the questions they are asked and the documents they are asked to produce.
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”.
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.
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.
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.
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...
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...
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.
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.
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