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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.
The key is that you keep it with you so you can record information at any time. Do not delay recording.
Rhode Island personal injury attorney, David Slepkow answers some important questions concerning personal injury, liability and negligence law in Rhode Island and Providence Plantations. This is part 1 of a series of RI Injury law FAQS.
In fact, many people don’t even know when it is reasonable and wise to hire a personal injury attorney in Kansas City or whether or not they have to find one in their own city.
An attorney with a successful track record of dealing with insurance companies will know how to examine the value of your case and the likelihood of success. There are many other benefits an attorney can provide you that will ease the entire process.
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.
Once your Florida personal injury attorney determines you have a claim, they will begin the legal process. Your attorney will require information from you, including medical records and statements from you, and others who have observed your injuries.
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.
In personal injury cases, the injured party must show four things. There must be evidence that a duty was owed by a party, that party breached that duty, the breach of the duty caused an injury, and that injury resulted in damages to the injured party.
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.
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.
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.
To qualify as a personal injury case, the victim or the injured party must have received his or her injury because another party was negligent. A multitude of situations and occurrences qualify for personal injury because the category is so broad.
In all slip and fall cases, a guilty party has to be recognized as causing the accident. To win the lawsuit, you will need to prove that the cruise ship or its staff’s negligence caused your accident.
You’ve been in an accident. You’re injured. The steps you take next (or don’t take!) will have a significant impact on the outcome of your personal injury claim. How can you avoid the mistakes that can damage your injury claim? Read how here...
After a car accident, slip and fall or any kind of injury, physical therapists will often apply a TENS unit on or around the area eliciting the most pain. Learn more here about how this innovative therapy helps injured people as they recover from Miami car accidents.
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