Hit and Run Accident

Individuals leave the scene of accidents for a variety of reasons. A driver could be intoxicated, an undocumented alien, or just an individual...

Hit and Run Accident Hit and Run Accident

September 6, 2010

Common Personal Injury Claim Problems with Solutions

There is no such thing as a bad question, not in school nor in legal matters. Asking questions is paramount to understanding how laws work. If you have some questions, ask away, but you may find answers below.

Do You Have a Claim?

Perhaps the biggest question is whether you have a personal injury claim or not. It depends on the nature of the claim and is not a decision to make by yourself. Foremost is consulting with a lawyer. Even if you don’t necessarily hire them, an experienced lawyer can quite often explain what will happen. Maybe he or she will take your case, maybe not.

You can also take some steps on your own. Is fault clear in the personal injury case? Has the other party agreed they were at fault? Have you received settlement offers already? These can quite often show if your case is valid. For example, if the police report in a car accident, with corroboration from witnesses, says the other driver was at fault, you have a case. If you suffered little to no injury, it may not be worth your time to pursue a claim. However, if you need compensation because of a serious injury, you can often get damages greater than you might think.

Finding a Lawyer
How do you find a lawyer? This is not a race; personal injury claims take time. You should, for one, wait some months before filing a claim. If you suffer serious physical injury, you just don’t know what the full extent will be unless you and your doctor give it time. You might develop a new problem, mental or physical, months after the accident. If you accept damages before that, you are quite often out of luck.

Proof
Your lawyer’s job is to find relevant proof. Sometimes it will be quite easy to prove fault. In most car accidents, proof is clear, even if both sides are at fault to some degree. A doctor will also give you proof. If you suffer a severe injury causing great pain and damage, your doctor can prove it in a court of law.

Low Offer
One common tactic defendants like insurers use is to give you a low settlement offer. They expect you to counter with another offer, but hope you take the first one. This is often before you even get a lawyer (and they know that). You should take no offer without consulting with a lawyer experienced in your type of personal injury case. Some forgo a lawyer, take the offer, and end up with a fraction of their deserved amount.

Going to Court

Should you take a settlement or go to court for more? Most personal injury lawsuits are settled out of court, and for good reason: lawyer fees can be high, especially for the defendant. You can save some money by taking a fair settlement offer. Your lawyer typically takes a cut of what you get in damages, though it’s less if you settle before court. However, do not be afraid to go to court if your case is strong. It can pay dividends. Just be sure to consult with your lawyer before making big decisions.

January 29, 2009

What should I do after a car accident?

Most of us will be involved in some type of automobile accident in our lifetime. In fact, death from car accidents is the number one cause of death for people aged 6 to 27. An automobile collision can occur if you hit an animal, another car, person or any type of stationary object.

If you are the victim of an automobile accident you may be able to receive compensation if the injuries you sustained are due to the negligence of another driver. Punitive damages may also be assessed if the car accident was caused by serious reckless behaviors of another driver. A serious auto collision can result in lost wages, property damage and increased medical costs for you or your family.

If you have been involved in a car accident there are several actions you should take:

• Never leave the accident scene.
• Seek medical attention for all injured individuals
• All individuals involved in the accident should provide their personal information to the police.
• Do not talk to the other drivers involved in the accident or admit guilt for the accident, the police will gather all the necessary documentation.
• If you are injured seek medical attention immediately.
• Talk to your insurance company right after the accident.
• All discussions with other insurance companies should be done by your insurance company, your personal injury attorney or the police.

It is important to talk to a personal injury attorney if you have suffered financial loss or serious injuries due to the negligence of another driver. An expert personal injury attorney has the expertise to assess the full cost of your injuries. Unfortunately, there are some injuries, such as back injuries, that may be difficult to calculate the full medical costs right after the injury occurs.

The insurance company’s goal will be to pay out as little as possible in a personal injury settlement agreement. They will have their own adjuster and investigators working for them. There is no need for you to work on your own with out the legal expertise of a personal injury attorney.