Have you been a victim of health care fraud? If you have, you may be entitled to compensation for the monetary damages you have suffered.
Are there things that can hurt my personal injury claim? If you are asking this question, it is most likely because you believe you are the innocent victim of an accident that resulted from the negligence of another party, and you want to know if there are things that can hurt your personal injury claim.
If you have been hurt or suffered other damages in an accident that was not your fault, you may be thinking about filing a personal injury claim against the person, persons or entity that was at fault for your injuries. If you have contacted a personal injury attorney about your case, one of the important aspects of your personal injury case is the value of your personal injury claim. You may wonder what is meant by the value of my personal injury claim.
Being in an accident is usually a frightening and traumatic experience. It is something that you may replay over and over again in your mind. It may cause a lot of mental and emotional pain and anguish, especially if the accident was not your fault.
Your feel like you should be compensated for your injuries and damages that you suffered in the accident. You believe the one responsible for the accident should be held accountable. So, you decide to initiate a personal injury claim.
Almost never a good decision
It is almost never a good decision to try and handle a personal injury claim, yourself. You will be dealing with an insurance company in matters where the insurance company has a great deal of knowledge and experience. The chances are that you have little knowledge and no experience in how to handle a personal injury claim.
Also, the insurance company of the one at fault for your accident will most certainly have a lawyer or team of lawyers who are experienced in personal injury law representing them. It would be foolish indeed to try to represent yourself in a settlement or court of law against professional attorneys.
With these things in mind, you contact a personal injury attorney. One of the things that will likely determine whether or not that personal injury attorney takes your case is the value of your case.
Value of your personal injury claim
Simply put, the value of your personal injury claim is what the claim is worth. This means what you claim is worth in a court of law. The only way that a court of law can compensate you for your injuries and damages from an accident that was not your fault is with a monetary amount. The value of your personal injury claim is the monetary amount that you may expect to recover if you win your claim.
While no one can know for sure what monetary amount your personal injury claim is worth or what monetary amount you may be able to recover, a personal injury attorney will usually have a good idea of what your claim is worth after looking over your case and the injuries and damages that you have suffered.
Personal injury attorneys are like everyone else. They have to make a living. The greater the value of your personal injury claim and the stronger your case is, the more likely it will be that a personal injury attorney will take your case. This is due to the fact that most personal injury attorneys work on a contingency basis. This means that you do not owe them anything unless they win your case. The way they are paid is that they receive a percentage of whatever amount the court awards you.
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If you have been in a car accident that was not your fault and you sustained injuries in the car accident one of the first things that the other driver’sinsurance companywill probably ask you to do after the car accident is to make a recorded statement. This may seem okay, but is it a good idea?
Before making any type of recorded statement there are several things that you should know and understand. The reason why the other driver’s insurance company wants you to make a recorded statement is so they can undermine your car accident claim and have something to use against you. Their purpose is either to have your car accident claim denied or to limit the amount given as a personal injury settlement for your car accident claim.
Do not be fooled by insurance company adjusters and employees who seem to be so cordial, polite and friendly. They have been well-trained. They are not on your side. They are working against you, not for you.
Insurance companies may try to put a lot of pressure on you to make a recorded statement. They may tell you things like the accident investigation cannot move forward without your recorded statement.
This is not true. They get a car accident report from the police, they have their client’s recorded statement and they can get your verbal statement. These things are enough for them to decide who is at fault for the car accident.
Verbal Statement and Recorded Statement
You may say, “Isn’t a verbal statement the same thing as a recorded statement. The answer is, “No,” they are not the same. A verbal statement is not recorded. A recorded statement is much easier to use against you in court than a verbal statement.
Most car accident attorneys will advise you not to give a recorded statement to the other driver’s insurance company under any circumstances. If for some reason you decide to make a recorded statement, you should always have your car accident attorney present, or you should tell the other insurance company that you will give a recorded statement to your own insurance company. Even then, you should be extremely careful in giving a recorded statement to your own insurance company when a copy of it will be given to the other insurance company. The other driver’s insurance company can still try to use this against you in court.
Your insurance company may tell you that you have to give them a recorded statement because there is a “duty to cooperate” clause in your insurance. However, while you are obligated to cooperate, in most policies that does not mean that you have to make a recorded statement.
Other questions you may following a car accident
You may have other questions about making a recorded statement and whether you should give one for the car accident in which you were injured and not at fault. If you have been injured in a car accident from the negligence of another driver, contact a car accident lawyer. Car accident lawyers can review your insurance policy and give you the best possible advice concerning a recorded statement, and they will help get you the best settlement that is possible for your car accident injuries.
How much is your personal injury claim worth? It depends on what happened, the company you deal with, and on who you hire to represent you. It depends on if you settle out of court or go to court. It depends on fault, too, among many other points. Dealing with an insurance company, which may sometimes be simple and other times difficult, requires some skill. This blog guide points you in the right direction.
Know Your Full Injury
Before you take any legal steps, it’s time to get better, to focus on your physical and psychological health. If it appears you, or your spouse, will have a long recovery process, it’s time to find out what compensation you can get and how soon.
Hire an Experienced Lawyer
If you are just trying to get better, it can be difficult to find an experienced lawyer. Where do you find one? Online, at your local state bar, or based on recommendations. Generally online is easiest, as you can go the state bar of your state, find a lawyer, go over his or her experience, and make a quick phone call. A lawyer is invaluable no matter if you’re stuck in bed or trying to handle your health. It’s your lawyer’s job to ensure you get proper compensation from the insurance company.
You want to be sure to notify the party at fault that you have been hurt and will file a claim. This may seem minor – letting them know you are injured – but if you fail to make contact, and then file a claim, you may run into some problems.
Who’s At Fault?
Evidence, such as witnesses, experts on this type of problem, and a police report are often the deciding factors in personal injury claims. If your lawyer can prove to the insurer you were clearly not at fault, you should get a nice offer. If not, your lawyer can prove fault in court and potentially get even more compensation. Most often, you notify, find evidence, prove who is at fault, and settle. If the insurer becomes difficult, you have legal rights.
What is your claim worth?
This is an open ended question, as there is no immediate answer. Much like no two accidents are exactly alike, no two personal injury claims will have the exact same compensation for certain injuries. However, you can expect, if you get an experienced lawyer and fault is clear, to be compensated for points like lost wages, medical bills, and any property damage. If you go through much pain and suffering, this can greatly increase your claim.
The Demand Letter
Once you figure out a fair number for your claim, you submit a demand letter to the insurer of the person at fault. Decisions will be made, you’ll often be negotiating, and quite often you will get fair compensation.
How does this end? Well, the final point is that compensation is your legal right. The ending should be one where you are not in severe pain or going through financial turmoil because you cannot work. With the right game plan, the ending can be a good one.
If you have been hurt, you need to get better. If someone has hurt you, you need to know your legal rights. In personal injury claims, while no two cases are exactly alike, there are some parts which merit going over in detail. Namely, pain and suffering, emotional distress, loss of enjoyment, and other ways where your settlement may be higher than you think.
Why is it important to know these things? Aren’t injury, economic loss, and medical costs more important? You may be surprised to find your claim doubling in value simply because you went through or are going through extreme pain or emotional suffering.
Why Pain and Suffering Issues Make Claims Higher
Pain and suffering is not something you can quantify easily in legal terms, but that does not make it any less important. While your doctor may know the cause of the pain, he or she may have trouble actually stopping it. Not surprisingly, in personal injury lawsuits with extreme pain and suffering issues you can and should be compensated. If you suffer through this, it needs to stop, and those at fault must at the least make financial restitution.
What We Mean by Emotional Distress
You may go through a serious depression after you find out you’re ability to run will be gone, or you can barely walk, or that you will suffer through certain conditions the rest of your life. Perhaps you may suffer trauma from the accident. If you suffer emotionally, you need to be compensated.
Loss of Life Enjoyment
If you can’t walk, as an example, that is a loss of life enjoyment, and a great one. If you cannot do the same things you’ve been doing all your life, it can cause a great impact on your life. Therefore, proper compensation is needed.
Loss of Love
If you suffer through sexual problems – not being able to have any relations with your spouse – this too is a major change in your life. Also, if you’re relationship with others in the family, such as your son or daughter, is greatly affected by your injury, this can be considered in a claim.
How to Value Your Claim
A personal injury claim is about far more than who’s at fault, why they’re at fault, and a hospital bill. Your claim can likely be valued much higher if you suffer beyond the injury. In any case, a professional personal injury lawyer is required. Quite often you’ll be getting offers from insurers; until they make due on the emotional and other damages, you and your lawyer should be prepared to make counter offers.
Pain and suffering, emotional distress, loss of happiness and love – these things can be difficult to prove. However, an experienced lawyer can get you proper compensation for your losses. While money isn’t the answer for everything, it is important.
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.
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.
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.
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.