We’ve written about personal injuries before on this site, but in this post, we’re going to talk specifically about what rights you have following a personal injury. Injuries can result from a vehicle collision, accident at work, or other mishaps caused by the negligence of another party.
You’ll probably agree that the immediate aftermath of a personal injury is not an optimal time to start thinking about legal rights and monetary restitution, but it is important that you know about your rights before such an accident even happens. Let’s document a few of your rights following a personal injury so you can be informed when you call up a personal injury lawyer for legal assistance. In the Wilkes-Barre, Pennsylvania, area, JPP Law specializes in personal injury law and offers free consultations in these cases.
Right to Document the Accident
No matter who is at fault in a personal injury situation, you have the right to take notes at the scene if you were injured. Your first-hand written account of the event will undoubtedly be more accurate than your memory recall even a few days later. Be sure to include all the details of your injury, and take photos if you think they would help police or lawyers later.
Right to Call Emergency Responders
When you have been injured in an accident, you have the right to notify emergency responders such as police and paramedics, and we highly recommend you do so immediately, even if your injury doesn’t seem severe. Police should be involved to file reports, especially in situations with high amounts of property damage, such as car accidents. And you should have paramedics look you over in case the extent of your injuries is more serious than you believe.
Right to Speak to an Attorney
Laws surrounding personal injuries, insurance, and fault in accidents can be difficult to navigate, especially because the details of these laws vary by U.S. state. No-fault auto insurance states, for example, require injured parties in car accidents to seek claims from their own insurers rather than from the insurers of the responsible parties. In tort states, an injured person would file a claim with the responsible party’s insurance.
There are even more nuances that are a bit too complicated for the scope of this article. That’s why we recommend talking to a personal injury lawyer if you are confused at all about your rights following a personal injury. These attorneys know the ins and outs of how best to stand up for your rights and get you the financial compensation you deserve.
When you get ready for work, do you ever imagine that you could get into an accident on the job?
Well, if you work in an oil or mining field where there’s a constant threat of accidents, the story is different, no doubt. But if you work in a traditional office, injuries are the last thing on your mind – if at all. However, stats show you shouldn’t be too comfortable. In the United States, a worker is injured every 7 seconds.
If your worst fears come to pass and you’re injured at work, knowing what to do next can make a big difference, not only to your health, but also to your finances.
Keep reading to learn about the steps you should take.
Seek Medical Help
After getting injured at work, the first thing you should do is get medical help.
If you’re seriously injured and you can’t reach your phone, ask a colleague to call for medical help or take you to nearest healthcare facility.
Some workers who are injured on the job make the mistake of staying quiet. Perhaps they feel they’re okay to continue with their duties, or they got injured while doing tasks without wearing proper gear so they fear their employer will reprimand them. Regardless of your specific situation, don’t make this mistake.
Even if you’re feeling perfectly fine, it’s important to see a workers comp doctors. Some injuries might not present any physical symptoms until sometime after the accident.
Report to Your Supervisor/Employer
After treatment, the next step is to file an accident report. Most employers provide forms where injured workers describe the details of their accident.
Because there’s a legal timeframe within which injured workers should file a claim, it’s crucial to be prompt. But what if your treatment takes longer and you’re not able to get back to work soon enough?
Call your supervisor, who should then come (or send someone from the company) to the hospital or your home to record the details.
File a Compensation Claim
A workplace accident can keep you out of your job for several weeks, months or years, depending on its severity. You’ll also spend lots of money treating your injuries and other resulting conditions, especially if you didn’t have personal injury insurance.
Luckily, there are workers’ comp laws that protect people like you. Depending on the laws in your state, your employer or their workers’ comp insurer should compensate you adequately for your injuries and losses.
As such, file a compensation claim with your employer or their insurer. If your employer offers filing assistance for injured workers, well and good. But if they don’t, you might need to hire a workers comp attorney to help you fill out the paperwork and ensure the amount claimed is a fair estimate of what you truly deserve.
And in case your employer or their insurance company deny the compensation claim or want to pay out a lower amount, your injury lawyer will pursue other paths, such as going to court, to ensure justice is served.
Know What to Do When Injured at Work
Getting injured at work can have far-reaching consequences, no matter how minor an accident looks. This is why knowing what to do next is crucial. Be sure to follow the steps fleshed out above.
Good luck and keep reading our blog for more workplace tips.
There are about 30,000 electric shock injuries in the U.S. every year.
About 80% of them occur to people when they’re at work. Electric shock is one of the more common workplace-related injuries.
An electric shock injury can cause a wide range of health complications. From burns to damage to internal organs, these kinds of injuries are not to be taken lightly.
If you were recently involved in an electric shock accident, you might be thinking about whether or not you should sue over it. Here is what you should know before filing a lawsuit.
Figure Out Who Was Responsible for Your Injury
Did you suffer an electric shock injury because you were using a piece of electrical equipment improperly? Or did you sustain an injury because you didn’t take the proper precautions prior to doing electrical work?
If you fall into either of these two categories, you might ultimately be the one to blame for the electric shock accident that occurred. But if you suspect someone else may have been responsible, that’s when you can consider filing a lawsuit.
The individual or company responsible for your injury might be:
- An employer who failed to maintain a safe working environment
- An electrician who did shoddy work on your building
- A company that manufactured a faulty product
Think about what caused your injury to occur and who might be to blame for it. If someone other than you was at fault, you should have a strong leg to stand on in court when you file a lawsuit.
Determine How Much You’re Going to Sue the Responsible Party For
Once you’ve figured out who you believe was responsible for your electric shock injury, you can decide if it’s worth suing them, and if so, for how much.
You can come up with an amount by crunching the numbers to see how much money you’ve lost due to:
- Medical bills
- Lost wages
- Rehabilitation costs
There might also be general “pain and suffering” damages that you should take into account. This will help you decide if it’s worth filing a lawsuit in the first place or if the attorney fees and aggravation will cost more than your windfall.
Find an Experienced Electrical Injury Lawyer
The only surefire way to determine if it’s worth filing a lawsuit following an electric shock injury is by speaking with an experienced electrical lawyer.
A lawyer can look at the details surrounding your electric shock accident and let you know if a lawsuit is worth pursuing. Learn more about how this type of lawyer might be able to help you.
Get the Money You Deserve After an Electric Shock Injury
It can take months, if not years, for people to get over the pain associated with an electric shock injury.
If your injury is going to limit you in any way moving forward, take the necessary steps to file a lawsuit over it. A lawsuit can help you get the funds you need to regain some sense of normalcy in your life.
Browse through our blog to get more information on hiring the right lawyer in your area.
Every year, more than 2 million Americans sustain injuries during a car accident. And about 200,000 of them are hospitalized as a result of their injuries.
Many of these people choose to file car accident cases in an effort to receive compensation from other drivers or car insurance companies. This makes car accident cases one of the most common types of personal injury cases – but they aren’t the only ones.
Here are four cases commonly filed each year.
1. Slip and Fall Cases
Every year, nearly 1 million people are injured during slips and fall accidents on the job. They’re injured in a variety of different industries, including:
Many of these people sustain injuries to their backs, necks, shoulders, arms and legs, and even heads. They’re often forced to stay out of work for extended periods of time, and some even end up out of work forever.
If you’re ever involved in a slip and fall accident as a result of someone else’s negligence, you might want to speak with a lawyer about it. Know when to ask a spinal injury lawyer or personal injury lawyer to represent you.
2. Medical Malpractice Cases
Did you know that about 250,000 people die every year due to medical errors made by doctors? Medical errors impact people a lot more often than you might think.
When a doctor makes a medical error that results in death or another health complication, a person or their family can file a medical malpractice case. Although medical malpractice cases are often complicated, they can get people the money they deserve in the aftermath of medical errors.
3. Dog Bite Cases
Dogs are “man’s best friend.” But that doesn’t stop almost 5 million dogs from biting Americans every year.
About 800,000 people are treated for dog bites on an annual basis. There are even a handful of people killed due to dog bites each year.
If you’re ever on the receiving end of a dog bite, talk to a lawyer about potentially filing a lawsuit against the dog’s owner. They might be on the hook for any medical bills that you rack up treating a dog bite.
4. Defamation Cases
You don’t need to get physically hurt to file a personal injury case. Some personal injury cases involve emotional pain and suffering.
Defamation is one such case. When someone uses libel or slander to hurt your reputation, they could be forced to pay for it. You just need to prove that the defamation hurt you financially in some way.
Defamation cases can be challenging to prove in court, which is why you’ll need a top personal injury lawyer on your side. Look for someone with experience when it comes to defamation.
Hire the Right Lawyer to Help With the Different Types of Personal Injury Cases
Different personal injury lawyers can help you with the different types of personal injury cases.
If you were involved in a car accident and want to hire a personal injury lawyer, find one who has experience with car accident cases. If, on the other hand, you were involved in a slip and fall accident, search for someone who has expertise in this area.
This will give you the best chance to win your case and help get answers to all your pressing personal injury questions.
Browse our blog to read more about hiring the right personal injury lawyer for your specific case.
Don’t let a bump on the head fool you. Traumatic brain injuries can result from simple activities to severe accidents. Worse yet, more than 2.8 million patients experience some form of TBI each year.
These are just two startling facts about TBI. Many people walk away from accidents without realizing they have a traumatic head injury. A severe blow to the head doesn’t always leave a lasting physical mark.
You don’t want to take any chances with these types of injuries. Here are more vital TBI statistics and facts to know so you can act quickly.
Most Cases of TBI are Concussions
Concussions are common and treatable injuries. They’re also the most common form of traumatic brain injury.
Don’t let these facts dissuade you from going to the emergency room after a concussion. Concussion symptoms will often reveal themselves several days later. Untreated concussions can even be fatal.
How Concussions Work
Something as simple as bumping your head on a kitchen cabinet can cause a concussion. A severe bump to the head quickly jerks your brain back and forth, hitting the sides of your skull. This sharp motion can damage nerve tissue and fibers in your brain.
Once your head is injured, tissues become inflamed. Though painful, inflammation is your body’s natural response to injury. Without inflammation, your tissues can’t repair themselves.
However, leaving inflammation untreated disrupts the healing process and can have devastating consequences. After being treated for a concussion, you must follow through with recovery.
TBI Statistics for Fatalities
Any head injury is cause for concern. According to Terry Bryant law firm (https://www.terrybryant.com), traumatic brain injuries account for 33% of all injury-related deaths that occur in the U.S. each year. That’s more than 150 fatalities per day.
If you do get a concussion, seek treatment right away, but don’t panic. TBI fatalities are rare overall. Roughly 90% of TBI patients are treated and released from the ER the same day.
What’s important is that you get help as quickly as possible to avoid any possible permanent injuries.
Causes of Traumatic Brain Injury
According to statistics, the leading cause of traumatic brain injuries are slips and falls. More than 1.3 million annual cases result from falling.
Slips and falls comprise more than 47% of all TBI cases. 15% of TBI injuries result from being struck in the head, such as being hit with a baseball.
Car accidents cause 14% of injuries. 9% of cases result from assaults.
Seniors and Athletes
Since slips and falls are the most significant concern for TBI, susceptible individuals need to take extra precautions. This is especially true for seniors, persons with disabilities, and pregnant women.
Athletes need to be particularly careful to avoid traumatic brain injuries. There has been a sharp rise in Chronic Traumatic Encephalopathy (CTE) in professional football players, most notably. CTE is a degenerative brain disease caused by frequent and severe brain injuries.
A healthy, functioning brain is precious. Don’t let an accident put it in jeopardy. Seek medical attention right away, regardless of the severity.
These TBI statistics are a reminder that anything can happen. Take precaution to protect yourself from harm. Discover more tips on handling accidents and more on our blog.
The days of law practice being only local in nature are drawing to a close even if some matters do not extend beyond an attorney’s own city. In general, attorneys are finding that, even if their practice is not becoming more global, some aspects of it are. This means that attorneys have to be more nimble and better informed in their daily business. At the same time, it also means that attorneys are required to be more well-rounded in their practice even if their area of focus is the same as it always has been. It is difficult for an attorney to handle the change in law practice without some extra help. The fast-paced practice of global law can overwhelm even the most organized attorney. Steve Roberts from My Denver Injury Lawyer knows all too well the best tools for attorneys in this era of globalization.
While many talk about the globalization of law, it is a broad topic that people may not necessarily fully understand. It is important to grasp the subject in order to know what is necessary to be able to compete in this environment. Even if your clients themselves are not operating in a global environment, there are derivative effects as to how your practice can change.
The two major impacts of globalization are changing rules, competition and types of engagements. It used to be that lawyers did not have to compete as much on their own home turf. Now, the practice of law is more spread out both across the country and internationally. Various lawyers can expand their practice to either take cases where they previously did not or form an alliance with another local attorney in order to accept new cases. Globalization means that local clients have new means of finding attorneys than they had in the past and can easily connect with a lawyer well outside of your jurisdiction to handle a matter in your jurisdiction. While attorneys need to be licensed in the physical area where they practice, they can always form partnerships with local counsel. In addition, the globalization of law will mean that is practiced 24 hours per day, and you can anticipate handling the matter regardless of the time of day.
At the same time, the law and how it is interpreted is slowly changing due to changing international norms and their importation into new areas. There is no longer strictly an American conception as to the proper way to comply with rules and laws as norms of international law are slowly finding their way into the United States. This requires attorneys to have a greater breadth of knowledge in order to stay ahead of the changes in the law.
Further, clients’ business is also becoming more international in nature. Many clients prefer to deal with a limited roster of attorneys in order to obtain legal services. While every lawyer cannot and should not be expected to give legal advice that is international in nature, they will at least be required to know where to send the client to get the help that they need. In addition, they will need to be able to spot issues and anticipate additional problems that may result as part of engagements that have a wider scope.
With that in mind, attorneys will need to have better tools underpinning their business so that they can keep up with faster-paced practice of law that requires them to account for many more things that they had to in the past. Attorneys will need to have their infrastructure houses in order to be more effective both as lawyers and as businesspeople. Here are some resources and tools that lawyers can use to be better practitioners both in terms of the quality of the advice they provide as well as more effectively positioned to compete in this global environment.
Case Management System
The days of lawyers keeping their files by hand are over. If they are not over, they should be because paper files will lead to both inefficiency as well as a higher chance of error. Too many deadlines are missed and too much time is wasted when lawyers spend their time dealing with paper. As a result, lawyers need an effective case management system to both track deadlines as well as serve as a central repository for all engagement related documents. In the legal profession, time is money, and the more time that can be spent providing services to clients, the higher your practice revenues will grow. Administrative matters are generally not billable, which means that time spent filing and dealing with physical files comes at the expense of billable activities. Even if you hire someone to handle some of this burden, it will still cost you money and time that could be freed up to help you elsewhere.
Further, in a global environment, documents will need to be shared quicker and further than they ever were before. Of course, nobody expects you to use regular mail to send documents in many cases. However, documents need to be centrally stored and filed in order to be quickly accessed to be shared. When you have the right case management software, it is easy not just to share documents, but to also receive them and quickly save and file them in the right place. Alternatively, you can use document sharing systems such as Slack in order to facilitate the transfer and exchange of documents.
Advances in technology have now made these software programs easier to use. Costs have also come down to make them more affordable even for smaller practices. The real cost comes from not having a case management system since you will be at a definite disadvantage to other attorneys competing for business.
Communications systems can be broken down into systems that help you have a dialogue with clients and systems that can help you communicate internally within the firm. Both are important so that you have a ready and quick way to quickly link with whoever you need. When it comes to client systems, make sure that you are easily able to save copies of emails in their client files so that you have the documentation handy when necessary. Still, sometimes, e-mail and telephone are not enough because clients will want to reach you as quickly as possible. Another important thing is to make sure that you have the infrastructure in place to encrypt communications with clients. Especially when you are communicating with people far and near over different systems, there is more of a risk that your communications could be hacked.
Internally, you will need to be able to communicate with fellow lawyers in your firm expeditiously in order to give clients the quickest and most effective answers. These systems should also have a way to catalogue these communications by individual clients so that they can be saved in a file if it is necessary to keep the discussion. Ideally, you should find a small number of solutions to bridge many different types of communications that you would have both inside and outside of your firm.
Virtual Meeting Tools
The increasing globalization of law means that you will have to communicate with people who may be very far away from you. There is something lost when the conversation is entirely over the telephone. While you can speak to someone while sharing documents over a computer, there is something lost in the communication if there is no face-to-face element of it. Virtual meeting tools allow you to almost completely replicate every element of a meeting save for the ability to physically shake someone’s hand. This will allow you to save time and money that is spent on business travel. Further, you will also be able to expand your footprint to help you work with clients in different areas. It is not uncommon when using these tools to hold a meeting that includes participants from several different countries. Even if you do not conduct business internationally, this technology will help you set up meetings more quickly when clients need answers much more quickly than in the past. Technology such as Join.Me allows you to set us meetings instantly no matter where you are.
When the practice of law is global, it is even more important to get the most possible use out of your mobile device so you can utilize it no matter where you are. Your practice is not necessarily confined to when you are in the office and you will need to be able to give effective counsel at all hours of the day. Some of the more important apps allow you to keep time so that you can track the work that you do for clients when you are not physically in the office or in front of a computer screen. There are also mobile apps that allow you to scan documents using your mobile phone and to electronically sign documents using your device. Your mobile device can also be an asset in this age of globalization so you can use it to take notes no matter the time of day.
Were you recently injured in an accident?
If so, you might be entitled to collect a cash payout that will help you pay for medical bills and more. But in order to collect it, you’re going to need a personal injury lawyer on your side.
You shouldn’t have too hard of a time finding a personal injury lawyer. There are more than 100,000 of them working in the U.S. today.
You will, however, need to do your homework and bring the right attorney on board to handle your case. Here are the top tips for hiring a personal injury lawyer.
Take a Look at the Options in Your Area
If you’re looking for a personal injury lawyer in a very small town, you might find that you don’t have a whole lot of options. There might only be one or two personal injury lawyers in your vicinity.
But if you’re searching for a personal injury lawyer in a big city like, say, Los Angeles, there will often times be dozens of options for you to choose from. It’s what makes it so difficult to narrow down your search.
Don’t let that stop you from trying, though!
Sit down on your computer and Google “personal injury attorney Los Angeles” and see what pops up. Make a list of all the possible options and visit their websites to see what they’re all about.
By doing this, you’ll give yourself a good overview of which personal injury lawyers are available to you. It’ll get your search off to a strong start.
Seek Recommendations from Family and Friends
In addition to generating a list of the personal injury lawyers in your area, you should also reach out to any family members or friends who have worked with personal injury lawyers in the past. You should consider consulting with neighbors and coworkers as well.
If you know someone who has enlisted the services of a personal injury lawyer, talk to them about whether or not they had a good experience with them. If they did, you can consider using that lawyer. And if they didn’t, you can think about removing them from your list of potential candidates.
Read Online Reviews for Local Lawyers
In 2019, you shouldn’t hire a plumber, an electrician, a contractor, a mechanic, or a pest control specialist without reading online reviews for them first. You also shouldn’t hire a personal injury lawyer before browsing through their online reviews.
Online reviews can provide you with a lot of useful information while you’re looking for a lawyer. You can read about the experiences that people have had with different lawyers and see what they’ve had to say about them.
It’s a good idea to glance at both positive and negative reviews left for a lawyer. It’s also smart to see if you can find reviews left by those who were involved in personal injury cases similar to yours.
Touch Base With the Lawyers You Like Most
By doing your own research and trusting others to provide reviews on the various personal injury lawyers in your area, you should be able to whittle your long list of lawyers down. At that point, it’ll be time to start touching base with the ones that seem like the strongest candidates.
Call or email these lawyers and set up either phone interviews or in-person meetings with them. This will give you an opportunity to ask as many questions as you want to them before deciding which personal injury lawyer would be right for you.
Some good questions to ask personal injury lawyers include:
- “How long have you been a personal injury lawyer?”
- “How many personal injury cases have you handled?”
- “Do you specialize in personal injury cases?”
- “How many personal injury cases do you work on at one time?”
- “What sets you apart from other personal injury lawyers in this area?”
These questions should help you learn everything you need to know about each personal injury lawyer that you’re considering.
Ask How Lawyers Would Plan to Handle Your Case
Outside of asking your lawyer to speak about themselves, you should also spend at least some time talking about your specific case. You should explain what happened during your accident and give lawyers as many details as you can about it.
Then, you should have each of them talk about how they would handle your case if you picked them to be your personal injury lawyer. They shouldn’t have any problem breaking down your case and telling you how strong they think it is.
In a perfect world, lawyers will be able to draw on their own personal experiences when talking about your case. They’ll already have a good strategy for representing you in mind based on cases they’ve worked on over the years.
Find Out How Much Lawyers Charge for Their Services
You can’t put together a list of the top tips for hiring a personal injury lawyer and not mention the costs associated with hiring one. It’s something you’ll need to consider when looking for a lawyer.
Most personal injury lawyers charge their clients a contingent fee. They only collect money from you if your case is successful.
But this isn’t always the case. There are some personal injury lawyers who charge their clients upfront before agreeing to work with them. It’s important to know how and when you’ll be expected to pay a lawyer.
Make sure you ask each lawyer on your shortlist to tell you how they typically charge their clients.
Use the Top Tips for Hiring a Personal Injury Lawyer to Your Advantage
You’ve suffered enough as a result of your accident. Don’t suffer even more by choosing the wrong personal injury lawyer to represent you.
Use the top tips for hiring a personal injury lawyer found here to sift through the lawyers in your area. They’ll help you find the right lawyer for your case in no time.
Check out our blog for tips on finding lawyers for other kinds of cases.
Obviously, a business must be able to provide its customers with a safe environment from the moment they enter its premises. Moreover, the business has an obligation to provide its customers with a reasonably safe environment.
Naturally, when any business fails to meet this obligation, and the result is an injured customer, the latter will probably be able to sue the business. Usually seen as a typical negligence claim, a personal injury lawsuit against a business can be made for most types of accidents, such as a slip, fall and so on.
Given that most people don’t know when they should actually sue a business for personal injury, we thought of providing you with the information required to take the right decision in such cases.
The Basic Elements of a Personal Injury Lawsuit
Any customer who has sustained an injury on a business’s premises must prove three basic elements that constitute a personal injury lawsuit. These elements are; the so-called duty of care owed by the business to the customer, a breach of the duty of care, and the harm that has been caused by the breach.
In the following paragraphs, we’ll detail each of these elements and also provide you with the types of evidence that you may use as proof in a personal injury lawsuit.
- Proving Duty of Care
As mentioned above, a business has to ensure that its customers are in a relatively safe environment as soon as they enter its premises. Naturally, this doesn’t mean that a business can be held responsible for all the injuries that customers might suffer.
Courts realize that businesses cannot prevent all injuries which may occur on their premises. In this respect, businesses must comply with a standard of reasonableness when trying to prevent any injuries from happening.
For example, they have to clean the premises regularly so that any slips and falls are avoided, create as well as follow a procedure for inspecting the premises for any defects which could injure customers. They must also warn anyone entering the building of wet floors or dangerous locations and repair crumbling or cracked pavements located near the entrance way as soon as possible.
Obviously, when a business fails to reach a standard of reasonableness and deal with the aforementioned any injured customer will be able to sue for personal injury.
- Proving Breach of Duty
A business is seen as breaching its duty if it fails to fulfill its duty of care and deal with any of the above issues which may cause injury to one of its customers.
For example, if a product is spilled on the floor, it must be dealt with as soon as possible. The business has to adhere to its cleaning schedule, and its employees must be able to organize their tasks in such a way that makes them capable of solving such problems in the blink of an eye.
It is a business’s job to take care of anything on their premises that might harm one of their customers or employees.
- Proving the Harm caused by the Breach
Naturally, the customer must be able to prove that a breach – resulting from a business not attaining a standard of reasonableness – has caused an injury.
The harm can have many forms with some of the most common ones being the cost of medical bills, pain and suffering, loss of earning capacity and the loss of the ability to enjoy any of life’s pleasures in the same way as before the injury.
It goes without saying that the injured person must prove that the injury was caused by the business’s inability to handle its breach. If a customer is not being careful and trips over their shoelaces or, simply put, harms themselves on the premises of the business, they cannot sue for personal injury.
The Bottom Line
If you are not sure enough whether you can sue a business for personal injury, then the main recommendation we can make is to rely on a personal injury law firm. They can guide you through the process of proving that your injury has been caused by a breach, as well as help you get the most out of a lawsuit.
Obviously, it is important to make sure that the business is to blame for your injury before considering a lawyer or a lawsuit. Employing an attorney and actually suing the business can be very costly and will also take a while to settle during which you will lose a lot of both money and time.
Filing a personal injury case is a must if you want to get some money back for the struggle you have to go through. Whether someone has caused you to slip and fall, or was the cause for a car accident, they have to take responsibility for it.
However, it’s hard to assume how much you will get for your injuries, which is why you need to consult with competent personal injury attorneys. So how much are you likely to get?
What Can You Get Compensation For?
You’re aware that you must receive cash, but what for, exactly? Here’s what you may get compensated for:
- Property Loss – You’ve lost a car or any other item as a result of the accident.
- Medical Bills – If you have to go through treatment for your suffering, then you’ll get compensation for it.
- Emotional Turmoil – Aside from physical injuries, you may also suffer from emotional distress, and deal with insomnia, anxiety or depression.
- Pain and Suffering – The injuries you have as a result of the accident may cause pain and suffering for a long time.
- Loss of Enjoyment – Because of the accident, you’ve lost your ability to enjoy your normal hobbies.
How Much Can You Get?
How much you’ll receive depends on the severity of the situation. In other words, the more grave your injuries and suffering, the more money you may receive. Usually, people can receive from $3,000 to $25,000, but in some cases, even more than that. The latter could be for people who have worse impairments and required more medication and treatment to cope with their suffering.
Keep in mind there is no set price that applies to each case. The compensation is calculated according to the impact the injury has on you and your life from now on.
What Impacts the Outcome of Such Claims?
There are particular issues that you don’t have control over, and which can affect the way things settle after the claim. For instance:
- The Insurance Policy of the Defendant
If the defendant has an insurance policy, then the company won’t offer settlements that exceed the limit of said policy.
- The Injuries
How bad are your injuries? Will they require minimal medical attention, and you’ll be able to go back to living normally? Depending on how bad you were hurt, you may get higher payouts.
Personal injury cases can be difficult not only because you’re experiencing hardship or you might have lost things, but also because you deserve compensation. You’re bound to receive something to make up for your negative experience, yet it’s tough to tell an exact number.
Hire an attorney that has experience and is willing to put time into your case. This way, if you have been hurt and the quality of your life has been affected, you have the chance to get more money to make up for it.
Most of the personal injuries in the United States are due to car crashes. If you, god forbid, suffer from personal injuries, you deserve fair compensation.
But no one is willing to pay the right compensation. It is an unfortunate reality that defense lawyers and insurance adjusters always search for mistakes. And, in case they find one, the immediately pounce on that to take advantage of settling for less.
This blog lists 13 mistakes that people usually make in personal injury lawsuits. Dig deep into the page for details.
1. Not Choosing the Right Attorney
The first thing is that you must hire someone who is licensed to practice in the locality. If you are in Los Angeles, you should only consult someone with a proven track record, such as WestCoastTrialLawyers about personal injury law.
Choose a Los Angeles trial attorney with long exposure in this specialized field of law. Also, make inquiries about their track record and how busy they are. This is because an extremely overloaded lawyer may not be the ideal selection. Read here for more.
2. Suppressing the Facts
Personal injury lawsuits have good and bad points. Never hide anything from your attorney. You must tell your attorney every detail; repeat every detail, about the case.
Your attorney represents you and works to win the case. So, never suppress anything, however trivial you think that to be. Also, do not give any false or fabricated information. This can entail disastrous results.
3. Talking About the Lawsuit
Many people may contact you to talk about the case and settlement. They could be anyone from insurance adjusters, risk managers, and defense lawyers.
But you should never talk with the people hired by the driver at fault. The most prudent advice is not to talk to anyone except your personal injury lawyer. Ask them to approach your attorney. This will keep you safe.
4. Discussing the Case on Social Media
People have a very strong presence on social media now. They have a habit of sharing everything on Facebook, Instagram, Twitter, and other social platforms.
Remember, that the other side is looking for facts against you. For this, they are likely to access your social media accounts. They play this dirty game to shake off their responsibility or at least to settle for less.
So never discuss the case or post anything concerning the accident in the social media. They may go against you.
5. Not Keeping the Key Evidence
Most of the people never treat the spot of the accident as a murder scene. But you must do so without fail. If possible, take many photos and videos using your Smartphone. Otherwise, get a professional photographer. For car accidents, take photos of the cars immediately after the crash.
Note down every detail of the spot. This must include if the street lights are on and if there is anything obscuring the view, and like that. Also, note down the direction of the sun. Moreover, speak to the eyewitnesses because they are not likely to help you after a lapse of a few months.
6. Signing Documents Without Consultation
Never, never, and never sign any document without consulting your personal injury lawyer. Forms related to personal injury case may have questions that trap you into giving contradictory information.
Moreover, a simple looking form may also contain declarations on waiving rights in fine prints. So, you must check with your attorney before signing any document related to the personal injury case.
7. Settling the Claim Too Early
The ideal scenario is to settle the claim after full physical and mental recovery. Make sure that medical diagnosis and the expected recovery time is final. Because chances are that you may have to continue treatment beyond this period. Remember, once you settle, you cannot ask for more.
In case this happens due to bad professional advice you may file a professional negligence case for recovery.
8. Not Telling the Pre-existing Injuries and Medical Conditions
Doctors inquire about the medical history for treatment. Disclose if you have a pre-existing injury and medical condition to the doctor. While these will not kill your lawsuit, acting otherwise will do.
Tracking your medical history is easy through social security numbers and insurance database. Disclosing these will make your case favorable.
9. No Regular Communication With the Attorney
Don’t think that your personal injury lawyer has your lawsuit in mind. This is practically impossible as he handles many lawsuits together. So, you must interact with him regularly. Often, speaking to the lawyer over the phone resolves many issues.
10. Not Asking Questions
When you involve in personal injury claim proceedings, many questions are likely to rise in the mind. Don’t think that it will be stupid to ask these to your attorney. After all, it is your claim and you have a right to know. Who knows that it will not open a new point in favor of the claim!
11. Missing Medical Appointments
Never miss a medical appointment. You should also follow their instructions. Failing to go on the day of appointment may raise questions about your injury. But attending the appointment means that you are working hard to recover. Inform the attorney if you are referred to another doctor.
12. Applying Too Late
Every state has its own personal injury law statute that gives a deadline. You can settle the claim or file a lawsuit within this specific period. As such, you should consult a personal injury attorney as early as possible after the injury to avoid delay.
13. Mistakes in No-fault Forms
Submission of these forms is necessary to get reimbursement for the service provided. You must fill this up very carefully. A simple and innocent mistake in the form can be critical and you may lose these benefits.
You must keep the above mistakes in mind. They have the power to throw your lawsuit out of the court. Some of these may seem to be unnecessary. Still, we suggest you be cautious about them. Mind, that remaining safe is always better than to be sorry afterwards.