Personal Injury Claims

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Personal Injury Claims Personal Injury Claims

June 30, 2010

Maximize Your Car Accident Personal Injury Claim

Pretty much everyone gets into at least one car accident in their life – and “everyone” does include you. What happens after the accident is rather simple: make sure you and the other driver are okay. However, after that, you need to start thinking legally by considering compensation, recording everything you can, and thereby making your personal injury claim successful. Insurance companies will deny you compensation, especially for pain and suffering and anything beyond the basic hospital bills, unless you know how to report your claim. This blog guide shows you how.

Contact Information

Of course, it’s common for drivers to exchange information. However, in order to be sure the information exchanged is valid, you should wait for a police officer in most cases. You should at the least get insurance information and contact information if there are witnesses on the scene. If possible, take pictures of what happened to your car immediately, even if you have to wait until later; this can pay off. If you are injured, don’t worry so much about these things, especially if you’re in pain; but do record any injuries you’re experiencing. It will help both you later on and the hospital.

Get Medical Help
If you are injured, don’t worry about contact information, insurance claims, and making notes. Instead, focus on yourself. You want an opinion from a doctor before you make any claims, and you want documentation on any injuries you have. In order to maximize your claim, do this immediately or when capable. It will pay off.

Get a Free Consultation

If you’re this far, you have a clear strategy when you get into a car accident. Your next step is to contact an experienced lawyer; be sure to contact only personal injury lawyers who offer a free initial consultation. You can do some research and pick one to try, or query several asking the basics. With this initial consultation, you’ll get a clear idea of the experience of the lawyer, his or her professionalism, rates, and how much compensation you can actually get. A lawyer is quite often the necessary tool to maximizing your personal injury compensation.

If an Offer is Made

Quite often in personal injury cases you get some offers before you even sue the insurer or company. This is because it actually saves the ones at fault on legal fees. You should never, ever sign a release for compensation too soon. Instead, wait until you are positive you are fully recovered from injuries. Most states give you several years to file a claim, but this is a decision between you and your lawyer. In order to maximize compensation, you need to first be aware of your total injuries.

How to Handle the Case

There are many other ways to maximize a claim, including how you should get all doctor reports and ask for briefs from your doctors on what effects your injuries will have, if temporary or permanent. You should also be aware that just because you have health insurance does not mean you cannot still sue for compensation, therefore getting extra damages.

In any case involving personal injury, your allies are time, patience, and truth. If you’ve been hurt, even in a minor way, you have a right to compensation in many forms, from the hospital bills to the pain and suffering to the loss of work time and more.

June 14, 2010

What Happens at Personal Injury Trial – Choosing a Jury and Opening Statements

We went over the basics of a personal injury trial a few weeks back, yet we only touched the surface details of what occurs in a personal injury case. We had no time to go over choosing a jury and opening statements. Now we do.

What You Need to Know
There is the plaintiff and the defendant. The plaintiff is the one who wants the personal injury claim, and the defendant is trying to prove he or she is not liable for any injury. This will involve evidence on both sides, expert witnesses, and arguments on exactly what the claim should be.

However, before you hire a personal injury lawyer or try to defend yourself, you should know that few personal injury disputes ever go to court. Some are settled even before lawsuits are filed. For example, if a driver of a semi truck hit you or someone you love, and it’s an obvious case of personal injury, there will often be an offer made. The insurer does not want to go to court, because after lawyer fees it could cost them much more money. The plaintiff has the final decision on whether to take the offer or not, but most do for the same reason: lawyer fees can be hard on your budget.

Now let’s go over the jury process.

The Jury Process
Unless a judge is deciding your case, the first step will be to choose a jury for your trial. If you’ve seen TV court room dramas before, you may be familiar with the basics. The judge and lawyers question the jury, trying to find their opinions on certain subjects. If the juror already has a clear opinion on a certain subject, this may disqualify them. It can be very obvious: they were in a similar accident and received damages, or someone they love did. The defendants do not want such an opinion to be involved n the decision. Both the plaintiff and the defendant have a certain number of challenges to these jurors, where you can eliminate several jurors from the proceeding. The judge can also excuse potential jurors with preconceptions. The point is to get an objective jury who are willing and able to hear both sides. This is where your lawyer can earn his or her money.

The Opening Statements
The next step we’ll go over is where the lawyers take an even bigger stage in the case. Both the plaintiff and the defendant’s lawyer will be making clear points before judge and jury prior to the witnesses coming forward. The plaintiff will present facts about how the injury occurred, why the defendant was at fault, and why the plaintiff deserves compensation. The defendant will be making the opposite case, that the plaintiff has no reason to get damages for the injury. Again, this is the lawyers job, to appear in front of the judge and jury and to begin the process of winning.

The Next Steps
After the jury selection and opening statements, the final steps include the witnesses taking the stand, closing arguments, and a jury verdict. That may make it sound simple: it’s far from that. However, with an experienced personal injury lawyer on the case, you have a clear advantage.

June 11, 2010

Common Questions on Personal Injury Claims

There are many personal injury cases where the injured person does not know if he or she has a right to a claim, how much the claim is worth, how long they should wait to claim, what lawyer to hire, how much the lawyer will cost, and much more. Because of that, we created this guide on frequently asked questions concerning personal injury claims. If you’re still unsure of certain topics, an experienced personal injury lawyer can help you.

When should you consult with a lawyer?
If you’ve been injured to a point where it’s effecting your life, even in minor ways, consulting with a lawyer is very smart. You can brainstorm options with one and see if your case is strong. For example, if you were in a car accident, and it’s effected your personal and professional life, if it’s cost you time, money, and suffering, you have a right to claim.

What can you claim?
You can claim based on pain, suffering, and loss of joyful life. You can claim based on loss of income, if you’re not able to work. You can also claim on loss of care and interest. The most common claims are based on pain and suffering as well as loss of income, but there are often other losses such as joy in life which you might be able to file a claim for. If you’re unsure of what to claim, but know you’ve lost something since an accident or injury, a lawyer can help.

How long does the claim take?
This varies from personal injury case to personal injury case, but a professional lawyer will advise you on several things, foremost being how long to wait. For example, you would not wait to file a claim 2 weeks after a car accident where you suffered whiplash or trauma; you might have other injuries over the course of months to years which do not come up. It’s recommend you wait about a year in most personal injury cases so you can be assured you are covered on everything. You may not be able to claim again, so it’s important to be patient and wait to see how your body and mind react. This is where the guidance of a doctor is critical.

How much is your claim worth?
Few experienced personal injury lawyers will tell you how much you will get. There is too much variety in the situation. You rarely know how much the claim is worth until you know how the injury has effected you. Even then, there are so many possibilities involved and differences from person to person that you just don’t know. You will know, perhaps, when an insurer makes an offer; but even then you might be able to get much more. Be wary of lawyers who promise you a figure.

How much does your lawyer cost?
Personal injury lawyers are not cheap, but you can work out a fair rate with a experienced one. You can do it via “pay as you go” or you can pay via a contingency fee agreement. “Pay as you go” lets you hire the lawyer on a retainer and cover all fees. The contingency fee agreement will still have costs, but most of the money will be paid upon a successful injury claim.

You may have many more questions; this is just the beginning. Contact an experienced personal injury lawyer for guidance.

 

 

June 9, 2010

Key Steps in Settling Personal Injury Claims

How does a personal injury claim start? It’s always with the injury, and though that part is far from easy, in order to get a settlement you need to know the key steps involved.

You should begin the process by hiring an experienced personal injury lawyer, or at least consulting with one to see if you have a case. This lawyer will collect evidence related to the clam, including past and future medical bills and needs, lost wages and any property damage, pain and suffering issues, and much more. Your lawyer will play a key part in settling your case. If you’re unsure of how to hire one, consider querying several, asking for rate and experience information, and look for a reasonable fit.

Once you choose a lawyer, he or she can begin helping you in the case. Actually, he or she likely won’t help much in court, because the majority of claims related to accidents or injuries are settled out of court.

Settling a Case
The key steps to settling a case once again begin with your personal injury lawyer. Your lawyer should go over your case in detail. He or she will then decide the monetary value of the case; it’s the value of your injury and its effects on your life.

The other issues involved in deciding to settle a case include: verdicts and settlements in similar personal injury cases, the chances of you winning at trial, the amount of information available which could help or hinder your case, any weaknesses in in your opponents evidence, the amount of money this defendant has to finance the case, and how much the insurer of the defendant can afford.

There is more to it, but that’s generally how case are created, fought, and won or lost.

If You Settle
What does it mean to settle? You take money instead of going to court. Few legitimate personal injury cases go to court. This is because of the high cost of lawyers and other factors. Settlements are very common, and you should consider one if offered. However, you will have no more right to further claims based on this injury. That makes it important to have complete doctor evaluations, to have waited some time (preferably a year) to make sure no other conditions result, and for your lawyer to have investigated similar cases.

Settlements are common, but trust your lawyer if he or she says the number is too low.

How Long It Takes
You should always involve a doctor with your case. Of course, you will get checkups, but you should always wait until you and your doctor are fairly clear that you have no further injuries. After proving medically your claim is valid, the process typically takes several months. If it goes to court, it might be longer. Few will go to court, but you should plan for it just in case.

 

June 1, 2010

Compensation and Your Personal Injury Claim

Getting hurt for no fault of your own requires compensation — and the worse the injury, the more you deserve. What can you get compensated for? Who can help? And how much can you expect?

Forms of Compensation
There are six forms of compensation typically rewarded in a personal injury case.

Medical Treatment: You should receive money for any and all medical care involved in the accident. If you break your leg in a car accident, suffer a concussion, or any other form of injury you need medical help with, this is part of any settlement with an insurance company and is almost always rewarded.

Income: Using the example where you break your leg, ask yourself how this will effect your work. It might be impossible for you to start immediately, you may not be able to work at all, and that gives you a right for damages related to loss of pay. If you’re in a leg cast for months, for example, you deserve all lost wages.

Property:
While this may seem small at first, if your car was completely totaled in the accident, beyond your insurance claim is the cost of the vehicle. Also, any other possessions which were lost or broken in the accident should payed back. If you’re car is totaled, your expensive cell phone ruined, and anything else, you have a right to compensation.

Pain and Suffering: If you suffer a concussion after the accident, or any other injury which is painful. you also deserve compensation. If you have to take strong pain killers, for example, and these make you feel sick, you may claim that. While given less than medical treatment, this can truly make your settlement pay for all the pain and inconvenience involved.

Emotional Pain: Along with pain and suffering, you may have some mental trouble after the accident. Sleepless nights may be your problem. This often occurs in more serious accidents.

Loss of Enjoyment: While this too may seem small at first, it makes sense. If  your injury resulted in  a loss of enjoyment, of having fun doing your regular activities, you can get damages.

Loss of Consortium:
Lastly, you may have trouble with your spouse after an injury. If it hurts your relationship, perhaps in the bedroom, you can receive damages. Some states also include this law for hurting relationships  to children who may be deeply affected by the injury. In some cases, the payment for damages is given directly the the affected loved one.

Who can help?
A professional personal injury lawyer can win your fight for compensation. Typically, you can receive substantial benefits. True, the more hurt you are the more of a settlement you’ll get, but an experienced lawyer can win fights beyond just medical and income damages. They earn money in things such as pain and suffering and loss of enjoyment, which can be harder to prove.

You can expect most settlements to go beyond medical expenses and income losses. Since no two cases are exactly the same, you should first choose a lawyer and then ask him or her how much you can get.

May 24, 2010

Medical Malpractice and Personal Injury Claims

Medical malpractice caused by negligence by the doctor or other hospital staff can often lead to a personal injury claim. Mistakes are made in hospitals every day. However, because conditions, diagnosis, and treatment are difficult is never an excuse; some mistakes should never occur and if they do you have a legal right for compensation. After all, if you are prescribed a medicine it’s known you’re allergic too, if the doctor botches the job while operating on you or a loved one, or if a variety of other accidents occur, you have clear rights.

What can happen?

A doctor can fail to diagnose you correctly. In this instance, the doctor may have made a mistake in treating you or medicating you.  The proof is that a competent  doctor would not have made the same mistake. There are many ways  for this to occur, but if you feel the doctors failed to properly treat you–that they could have done much better–you quite often have an injury claim and right for compensation.

Second, improper treatment by your doctor can occur if the doctor makes clear mistakes that an experienced doctor would not make. After the diagnosis comes the treatment, and if either fails, you should contact a personal injury lawyer.

Third, you should know all the  risks involved in any treatment. For example, if you are given are treated in the hospital and are not told how it might make you feel sick or constantly dizzy, you have a legal right to address this. You should know all risk before any treatment is given.

There are many other situations where medical malpractice is a problem, but these are the most common. If a doctor doesn’t diagnose you correctly, gives you inadequate treatment, and/or fails to tell you of potential risks, you often have the right for a claim.

How do you claim injury?
Different states have different requirements for medical malpractice cases. Most laws state you must be prompt in bring the claim against the doctor; however, you still get 6-12 months in most cases. That should give you enough time to research your rights, hire a personal injury lawyer, and file the malpractice claim.

In some states, you also have to submit to a malpractice review panel. Here is where you’ll argue your point, give evidence, and use witnesses before the suit can be continued. Still, not all states do this. If yours does, you definitely should consult with a personal injury lawyer.

Still other states require that you give the doctor notice you’ll be filing a malpractice claim against them. And most states will not base their decisions solely on your testimonial or even the doctor’s; outside experts must be used to effectively win a medical malpractice claim.

What’s the first step?
You need to first consult with a personal injury lawyer in your state. One of the best ways is to look on sites and local law directories. Don’t hire the first lawyer you find, but don’t wait too long either. Look for one experienced in injury law, and in this case one who understands medical malpractice laws in your state (be sure to ask).

March 8, 2010

Injured in a car accident in Los Angeles?

Los Angeles, California, is one of the largest metropolitan cities in the United States with a population of over 10 million citizens. Everyday someone is injured in a car accident and suffers severe injuries. Common car accident injuries can include traumatic brain injuries, spinal cord injuries, broken bones and even death.

If a Los Angeles driver has been injured in a car accident and suffered car accident injury because of the negligence of another driver, they may be able to receive car accident injury compensation for medical bills, property damage and lost wages. If the car accident injuries were the result of another driver’s reckless and dangerous actions punitive damages may also be available.

Los Angeles drivers who want to discuss filing a car accident claim can contact a car accident lawyer who understands car accident law.

What if there is an accident in a car?

There are a few things that should be done immediately if a driver has suffered car accident injuries.

  1. Don’t flee the scene. A person who flees the scene could be charged with a hit and run.
  2. Check on the other drivers, make sure they have not been injured and call 911.
  3. Don’t admit fault or make any statements except to the police.
  4. Exchange information with other drivers who were injured in the car accident.
  5. Seek medical attention.
  6. Contact your insurance company.
  7. Do not agree to any settlement offers without consulting with a car accident lawyer.

Do I have a car accident claim?

Los Angeles drivers who have been injured in a car accident and have filed a car accident injury claim must prove the other driver was negligent to win their car accident law suit. To prove negligence the plaintiff must prove three things:

  1. The defendant owed the plaintiff a duty to act reasonably and safely.
  2. The defendant breached their duty of care.
  3. The plaintiff’s car accident injuries were a result of the defendant’s negligence. Negligence is defined as failing to conform to a standard of conduct which puts other individuals at risk.

If the claimant in the car accident proves the defendant was negligent, the judge or jury may award the plaintiff damages to compensate the defendant for their car accident injuries. Damages for common car accident injuries can include lost wages, medical costs and pain and suffering. In some cases the judge or jury may award additional damages to punish the defendant for flagrant disregard of the law (ex. drunk driving).

What can car accident attorneys do for me?

Car accident attorneys can help California drivers recover compensation for pain and suffering, medical expenses, lost wages, and compensation for permanent disabilities like brain injuries suffered in a car accident. Car accident lawyers can help negotiate with the car accident insurance company, file all of the necessary court documents and manage the paperwork and claims process.

In the state of California, a claimant has 2 years to file a car accident claim against anyone who caused their car accident injuries. If a negotiation has not been reached, it is important to file a car accident law suit before the California statute of limitations expires.

March 5, 2010

Austin car accident have you sidelined?

Hundreds of car accidents occur on Texas roadways every single day. Some Texas drivers who are injured in a car accident may only have minor scrapes and bruises; others suffer more severe car accident injuries like brain, head and spinal cord injuries which can interrupt the victim’s life for days, weeks or years.

Do I Have a Car Accident Claim?

To win a car accident claim in Texas a driver must prove the following:

  • The plaintiff must prove the other driver owed them a duty of care.
  • The plaintiff must prove that the other driver’s negligence caused or contributed to their car accident injury. To prove negligence you must prove that the defendant failed to exhibit a reasonable level of care. Negligence while driving could include speeding, drunk driving, failing to stop at a stop sign, distracted driving or running a red light.
  • The plaintiff must prove that they were actually injured in the car accident as a result of the driver’s negligence. Medical evidence and expert testimony can substantiate car accident injuries.

If the defendant is found guilty by a judge or jury they may be required to pay compensation for your car accident injuries. Car accident injury compensation can include:

  • Medical care for current and anticipated needs including: medications, rehabilitation, surgeries and hospital stays.
  • Property damage compensation
  • Compensation for pain and suffering. The amount can include physical and mental pain and suffering caused by the car accident injuries.
  • Punitive damages may also be assessed by the jury or judge if the defendant’s actions are considered reckless or egregious.
  • Compensation for lost wages which can include current income and future lost earnings potential.

Both drivers may share fault in a car accident. The judge or jury may reduce the award for the plaintiff depending on their level of fault.

Steps after a car accident in Austin

If you are involved in a car accident in Austin it is important to do the following:

  1. Make sure everyone involved or injured in the car accident is safe. Call 911 if anyone is injured in the car accident.
  2. Exchange information with all the drivers including: addresses, phone numbers, insurance information and driver’s license numbers.
  3. Gather information from all the witnesses.
  4. Photograph the accident scene if possible.
  5. Contact the police. Do not admit fault to anyone.
  6. Contact your insurance company.

Do I need an Austin car accident lawyer?

Austin drivers may not need a car accident lawyer for car accidents which are minor fender benders or which have no injuries, but if you have been seriously injured and need extensive medical care, or if you are having trouble getting your insurance company to offer a fair settlement offer, a car accident attorney can help. Car accident lawyers can hire medical experts, gather car accident information, talk to witnesses and help you file your car accident law suit before the 2 year statute of limitations expires.

March 3, 2010

Compensation for my car accident injury claim in San Antonio

If you have been injured in a car accident on a Texas roadway, you are not alone. Each year thousands of San Antonio drivers are injured in a car accident. Unfortunately, car accident injuries can be minor or so drastic that they can impact your life for weeks, months or even years.

If you have been injured in a car accident which is caused by another person’s negligence you may be able to receive compensation for your car accident injuries by filing a car accident law suit. Plaintiffs who win a car accident law suit may be able to receive the following types of car accident injury compensation:

  • Paid medical care for car accident injuries, including medical care which can be anticipated for the future.
  • Payment for property damage.
  • Payment for pain and suffering which can include physical and mental conditions caused by the car accident injuries.
  • If the defendant’s actions are considered unlawful and egregious car accident injury compensation may include punitive damages.
  • Payment for lost wages which can include current income and future lost earnings.

If both parties are found partly responsible for the car accident injury claim, the award for the plaintiff may be reduced.

Can I file a car accident claim in San Antonio?

A personal injury claim in Texas can be won if the claimant proves the driver of the other car was negligent and it was their negligence which caused or contributed to the car accident. In Texas, negligence is considered “the failure to exercise reasonable care which another person would have exercised under similar circumstances.” Negligence while driving can include:

  • Speeding
  • Drunk driving
  • Distracted driving
  • Driving while too tired
  • Running red lights
  • Not stopping at a stop sign

Steps after a car accident in San Antonio

A San Antonio driver should take several steps if they have been in a car accident:

  1. Do not leave the scene of the car accident.
  2. Make sure all the other drivers are okay and if they are injured in a car accident call 911.
  3. Do not make any statements, except to the police, and do not admit fault for the car accident.
  4. Gather information from the other drivers who were injured in the car accident.
  5. Go to the doctor even if you do not think you are injured. Some car accident injuries may not be evident until later.
  6. Call the insurance company.
  7. Talk to a car accident lawyer before agreeing to any type of car accident injury compensation settlement.

Do I need a San Antonio car accident lawyer?

If you have been in a minor fender bender with no car accident injuries and little property you may not need a car accident lawyer. If however, you have suffered severe car accident injuries or the insurance company is less concerned with ensuring you get the medical care and compensation you need and more concerned with closing the car accident claim, you may need professional help.

Car accident attorneys can negotiate with the insurance company and help you with the car accident claims process. Car accident lawyers can also help file a car accident lawsuit if someone else’s negligence has led to your car accident injuries. Personal injury claims must be made in Texas before the 2 year statute of limitations expires.

March 1, 2010

Persuing a personal injury claim after a Houston car accident

Thousands of people die or suffer car accident injuries on Texas roadways every year. Nationwide millions of individuals are involved in car accidents and while most of them just suffer property damage, thousands of people find their lives drastically changed because they are injured in a car accident.

Compensation for my car accident claim in Houston

Houston drivers who have been injured in a car accident which is caused by the negligence of another driver may receive compensation for their car accident injuries. Compensation for car accident claims can include:

  • Medical Bills – medical bills can be paid for car accident injuries including reasonably anticipated bills in the future.
  • Pain and Suffering – pain and suffering can include mental or physical pain caused by injuries from the car accident.
  • Lost Income – lost income compensation can include current and future lost earning potential
  • Property Damage
  • Punitive Damages – punitive damages are paid in certain instances where the defendant’s actions are found to be especially egregious.

Claimants who file a car accident law suit and are found to be partly at fault for the car accident may have their benefits reduced by the amount they are at fault.

Steps after a car accident

A Houston driver who has been injured in a car accident should do the following things:

  1. Never leave the scene.
  2. Check on the other drivers, make sure they have not been injured and call 911.
  3. Do not admit fault for the car accident or make any statements except to the police.
  4. Exchange information with other drivers who were injured in the car accident.
  5. Seek medical attention even if you do not think you are injured. Some car accident injuries may not be readily noticeable.
  6. Contact your insurance company.
  7. Do not agree to any car accident insurance settlement offers without consulting with a car accident lawyer.

Can I file a car accident claim?

In order to win a car accident law suit, the claimant must prove the driver of the other vehicle was at fault. To prove fault in Texas the claimant must prove negligence. Negligence is defined as the “the failure to exercise reasonable car which another person would have exercised under similar circumstances”. Examples of negligence can include speeding, drunk driving, tailgating or running a red light. But proving negligence is only the first requirement, next the claimant must prove that their negligence caused or contributed to the car accident.

If the defendant is found guilty the judge or jury may award the plaintiff compensation for medical costs, lost wages, pain and suffering, property damages and in some cases punitive damages.

Do I need a Houston car accident lawyer?

Unfortunately, there is no guarantee that an insurance company, who may be more concerned with settling the claim for the car accident and less concerned about your health, will offer you a fair settlement.

A smart car accident attorney can help negotiate with the insurance company, explain car accident laws and manage the car accident claims process. Car accident attorneys should be contacted before the statute of limitations expires. For most car accident injuries Houston drivers will have 2 years to file their personal injury lawsuit.

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