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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.
So, how do you make the call? When should you pick up the phone and call a personal injury lawyer?
Yes. It’s boring reading. But it can greatly affect fault and how much you may or may not be able to win in an auto accident injury case.
Our client was on the job at the time of the car accident thus he had the option of filing a Workers’ Compensation claim. We discovered, however, that the vehicle he was operating was also covered under his employer’s large UM/UIM (uninsured/underinsured) motorist policy.
One of the tricks insurance adjusters will try is to get a recording of you talking about your accident and claim. Of course they will try to get in writing anything about you that they can, including your complete medical records.
If a defendant is found negligent and responsible in an accident, the defendant is also responsible for compensating all future financial losses which are attributable to their negligent conduct.
If you’re on this site, you are getting to know the ins and outs of personal injury law. You may be wondering, what exactly is a personal injury claim?
While most injury claims do not go to court, about 10% do. And that’s where having credible witnesses can make a huge difference in your case.
Your demand letter is possibly the most critical tool in the settlement negotiations process.
Don’t worry – you won’t be writing it. Your personal injury lawyer will because it’s critical to present all the facts and circumstances in a way that positions you well.
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.
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.
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...
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.
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.
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.
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.
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