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.
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...
The question remains: if you were already somewhat injured prior to your accident, do you still have a valid personal injury claim? The answer is yes because you can recover for “aggravation and exacerbation” of a pre-existing injury.
Because the vast majority of car accident lawsuits are based on negligence, failure to follow traffic laws can form the basis for an allegation that the driver in question breached his or her duty to other drivers on the road.
Most cases in the personal injury system are settled, because it saves both parties time and money and allows them to reach a mutually agreeable conclusion without the ordeal of a trial. Personal injury settlements can be quite large, and provide plaintiffs with a fair amount of compensation.
Accordingly, Florida law has set a “threshold” for personal injury recovery, meaning that your injuries must meet certain qualifications if you wish to sue the owner/driver of a motor vehicle that injured you in a car accident.
In order for a plaintiff to prove that a pool owner’s negligence caused injury, he or she must satisfy all the elements of negligence: duty, breach, causation, and damages.
The cost-benefit analysis for hiring an attorney varies from case to case, but the overall concerns are generally the same.
Pennsylvania state statute can make determining fault confusing for anyone who has been in a truck accident. Here are some important things you should know about negligence and truck accidents, pertaining to Pennsylvania laws.
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.
Also, you should know that if you accept any insurance money, or any other offer from the insurance company, you forfeit your right to file a lawsuit in the future. What may seem like a lot of money now, may not even begin to cover the expenses you may come across later.
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.
Your claim has been filed with the insurance company for a while now, and you have been made an initial settlement offer. Should you accept that settlement offer or not? Do not fret, you are not the only truck accident victim who has struggled with this question, and you will not be the last.
Some large injury law firms might slam you through their process as fast as possible, sometimes settling for far less than your case is worth. They often do it to maximize their own profit margins.
So how do you know if you should accept the dollar amount your personal injury lawyer recommends?
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.
Although it can be frightening to hear another driver or the police claim that you were negligent, in Florida “negligence” is a legal term and requires proof of certain elements in order to be established.
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