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.
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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.
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.
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."
This client did not have a truly objective injury I could point to. She did, however, have symptoms that mimicked those typically seen with a herniated disc. Even though the symptoms resolved, I argued to the adjuster that the injuries the client had sustained did have a significant temporary impact on her life entitling her to fair compensation.
You’ve heard about people in other lawsuits who seek money for “pain and suffering.” You know the stereotypes associated with those damages.
So should you, in your unique situation, be entitled to recover damages for “pain and suffering?”
Don’t fall for these tricks from insurance companies after an accident! They’ll try anything they can to reduce or eliminate your accident settlement.
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.
Don’t worry, you won’t be writing it. Your lawyer will because it’s critical to present all the facts and circumstances in a way that positions you well.
We’re not talking about manipulation or exaggeration here. This is a settlement tool we need to use on your behalf to make sure you don’t get run over by the insurance company.
Despite the unfavorable venue, I was able to convince the insurance carrier for the at-fault motorist to pay the full liability policy limits. I was also able to get the client’s automobile insurer to pay substantial monies under her underinsured motorist policy.
Adjusters almost always want to make cases about bills instead of about people. Even though this client’s medical bills were relatively low, that did not change the fact that she undeniably experienced significant mental anguish as a direct result of the auto accident.
My mother had been burglarized, I tried to console her over the phone and reassure her that the insurance company will help recover the losses from the stolen items.
Boy, was I wrong.
With the recent wave of e-cigarettes exploding in peoples’ pockets causing injury, a wave of lawsuits will follow. This is especially the case for consumers that use marijuana oils or extracts to use with their e-cigarettes. These suits will face many legal challenges, especially considering that they will seek to create a precedent.
As the name indicates, “personal injury lawyers” specialize in the cases of bodily harm. Hence, these people can assist people in making different insurance claims. Furthermore, they are usually highly skilled in fighting insurers.
When a person suffers an accident injury they often wonder what amount of compensation their case is worth. The money a claim is worth can vary. The insurance company uses a formula to determine the value of a claim.
There are questions most people have about how the process works and how long until you get a settlement. The answer is every accident is different, along with the amount of harm. Since the burden of proof is part of your claim and your lawyers there’s no definite time for a settlement.
These days most are handled by personal representatives and in some states they are the only ones entitled to do so. Other affected family members who want to claim compensation individually have to do so as part of the larger suit.
Go here to learn valuable information about how the aspect of pain and suffering is evaluated during a personal injury claim.
The attorney cannot settle or attempt to settle the personal injury claim until the attorney knows the FULL extent of the injuries. In other words, Herrman and Herrman, PLLC will not know what to demand from the insurance company if we do not know the full injuries of the 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.
Like most things, there are always exceptions to the general rule. While most personal injury proceeds are not taxed, there are a few instances where they are.