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Basic aspects of a personal injury claim

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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.

 
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Miami-Fort Lauderdale, FL

Florida State Laws on Car Accidents for Pembroke Pines Community

It is important to remember that Florida has a four-year statute of limitation for filing a law suit involving a car accident.

Florida is a no-fault insurance state requiring every driver to carry insurance to cover their own physical injuries regardless of who is at fault, and vehicle insurance coverage to cover damages to the other vehicle if you are at fault.

Atlanta, GA

What it means that Georgia is a "Fault" car insurance state

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.

Laredo, TX

I Am Still in Pain, but I Do Not Have Serious Injuries . Do I Have a Case?

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. 

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