A woman trips and falls in a shopping mall and breaks her wrist. Does she have any options to recover any of the damages?
Accidents can happen at any time and in any place. If you’re the victim of an accident, you usually have the right to sue if the accident wasn’t your fault.
At that point, you’re entering the world of personal injury law. It’s a unique area of law that has more than 56,000 practicing attorneys and is worth about $38 billion a year.
If you were in an accident, you’ll want to learn the personal injury law basics. This will help you understand your case and hire an attorney that you can trust.
Read on to learn the basics of personal injury law
What Is Personal Injury Law?
The legal system in the United States is driven by two different justice systems. There is criminal law, which deals with people can companies that break the law and holds them accountable.
Civil law deals with issues that come up between people and organizations. Some cases do have a criminal and civil component to them, in which they’ll be tried separately in criminal court and civil court.
Personal injury law falls under the civil justice system. A personal injury covers almost any type of injury that occurs because someone else was negligent. The damage could be emotional, physical, or to your property.
Most personal injury cases are overseen by state laws and run in state courts. This can make personal injury law a little confusing because the laws vary by state.
Does that mean that there are no federal personal injury laws in existence? No, and that’s important to know if your injury occurred at a federal property. Let’s say that you were at a federal building, fell, and was injured.
You would have to file suit against the federal government in federal courts. Federal laws would guide the proceedings of this case.
The key to winning a personal injury case is proving that the other party was negligent. For example, if a dog owner knew that their dog was aggressive on a leash and didn’t muzzle the dog. The dog went on to bite you. The owner is negligent because they did nothing to prevent the dog bite.
From a legal perspective, there are four elements of negligence that you have to prove. The burden is on you to show that these elements existed at the time of your accident.
Duty is the first one, and that refers to the duty of care. A doctor or other healthcare professional has the duty to provide responsible care.
The second element is the Breach of Duty. This element looks at how a regular person would respond in the same circumstances. A doctor has a duty to provide care, and in this instance, they could have failed to provide care.
The third element is Causation, which asks if the actions or nonactions of the person caused your injury. An example would be that you tripped over a wire that wasn’t covered properly and tripped. You suffered an injury as a result of someone not taking action to cover the wire.
The final element refers to Damages in a personal injury case. This is the cost of the injury that the judge or jury will use as a guideline to determine your reward. It’s also used as a starting point for settlement negotiations.
Once you know the elements of negligence, you should take the time to learn the different types of negligence. Which ones that apply will depend on the circumstances of your case and the laws in your state.
Statute of Limitations
Another basic part of personal injury law is the statute of limitations. This is how long you have from the time of your accident to file a case in court. This is like a deadline.
If you miss your deadline, you can’t file a case. The statute of limitations is usually two years. That doesn’t mean you should wait 1 year and 350 days to get your act together.
You’ll want to hire a personal injury lawyer right away. That will give them plenty of time to collect evidence and gather documentation to support your case.
How Does a Personal Injury Case Work?
A personal injury case starts with the accident. This starts the clock on the statute of limitations.
It’s important to collect documentation, such as photos of an accident scene, even if you’re not injured. You may feel the effects of the accident days later, making it much more difficult to prove that the accident caused your injury.
You’ll then want to consult with an attorney who will review your case and decide to take it or not. In most cases, personal injury lawyers work on a contingency basis. They get paid a percentage of your settlement or award.
Your attorney will get relevant information and the file suit in state court. The person or company you want to sue is notified and may reach out to settle out of court. The attorneys will negotiate, and about 95% of cases will end there.
Knowing the Personal Injury Law Basics Will Help Your Case
The more you know about personal injury law, the better chance you’ll have at winning your case. The personal injury law basics start with the type of law.
The laws that govern personal injury cases are different in each state. You want to make sure that you can prove negligence and file your case within the statute of limitations.
Do you want to know more than the personal injury law basics? Check out this blog for more legal insights.
There is no doubt that accidents are meant to happen to anyone anytime. But little negligence can cause lifetime trouble. The injuries caused by different accidents have varying impacts on lives. These can affect your body, your job, your family, and sometimes takes the life of your loved ones as well. In any of the mentioned cases, you must not forget about your legal right to get compensated for your loss whether physical, mental, financial, or emotional.
Life is tough for the majority globally, earning a decent amount for bread and butter is not an easy task. Unfortunately, if any mediocre person is faced with an accident leaving them with some kind of injury then bearing the expenses for the treatment would not fit their pocket. You must make sure to claim for what you have lost in the accident and for this process you need a professional to support your case. If you are someone from the USA follow Texas personal injury cases to get assisted in the best possible manner.
Although you need to be sure that you are innocent and the damage caused to you is due to someone else’s fault. Furthermore, if you are up to claim then make sure to keep a few points in mind to make your case strong and valid.
Check out the points below
1. Show proof of the accusation
This aspect of the case varies in terms of collecting valid proofs. In the case of a vehicle, road, pedestrian walkway accidents it’s easy to gather information because a driver must own the responsibility to be careful and keep others safe. The claimer must make proper steps to get together authentic details to support the claim, else might not get the right decision in their favor.
2. Present evidence of failure in getting duty of care from the respondent
The main element of this point particularly works for the negligence displayed by the accused. This is rather a difficult thing to do but El Paso personal injury lawyer can be of great help to assist and find the best way to work on this phase to get your claim smoothly lodged.
3. Must show proof of negligence that caused injury
There is a possibility that the accident might have other minor reasons to contribute to it but you need to find evidence highlighting the negligence of the defendant that endured your injury not just physically but financially and mentally as well.
4. Proof of injury caused to you
Documented proofs to the injury incurred are always a plus to justify your claim else without authenticated documents you will not be able to win on your claim. This will include your doctors’ certificate, loss of job verification, proof of family disorientation, and loss.
If you have compiled your case in a professional and authentic manner then there is no way you won’t get your rights of what you are suffering with especially if caused by someone else’s lack of carefulness. Go ahead and seek professional help for the best results.
Not all personal injury lawyers handle the cases of their clients in the same manner. Some are easy to work with, others can make it difficult to build a lawyer-to-client work relationship. While in both cases, there is a possibility that you win your case because of the strong evidence you present, it still makes it worthwhile to hire the services of a personal injury lawyer that you are comfortable with.
Fortunately, the personal injury lawyers in Los Angeles are mostly easy to get along with.
Below are other traits of LA lawyers focusing on personal injury practice
Lawyers focusing on personal injury cases in LA have extensive knowledge when it comes to this type of claim. They know the ins and outs, particularly about the tricks and workarounds of insurance companies, thereby helping you circumvent any scenario that may inhibit you from getting the rightful compensation.
Additionally, they will treat your case seriously because of the trauma or loss of income you may incur from sustaining your injuries. The seasoned lawyers behind gcelaw.com believe that a personal injury lawyer should take your case seriously, regardless of whether it is a result of a minor accident, such as a slip or a fall, or it stemmed from a major mishap such as a serious vehicle collision. Resulting from or soft tissue trauma or even non-apparent wounds could be a result of an accident that can lead to a lost income situation. Rest assured that personal injury lawyers in LA have extensive knowledge that is covered by these areas.
Service with Compassion
Another trait of personal injury lawyers from LA that sets them apart from the others is that they offer service with compassion. Rather than treating every case as a means of providing for their business, they treat each of their clients with respect, aiming to lend a helping hand. They tend to keep the best interests of their clients in mind, even if this means having to work long hours just to ensure that they will achieve a successful verdict in the end.
Finally, you can count on personal injury lawyers in LA to be available for their clients anytime their clients need them. Clients will have no problem in setting up a one on one consultation meeting with them as needed. In addition to this, you are ensured that whatever questions you may have about your case are answered promptly. They even go the extra mile to educate you and give you a good insight into your case that you may not immediately realize.
In conclusion, make sure that you are comfortable working with the personal injury lawyer handling your case. If you are in LA, then good for you because the lawyers focusing on personal injury cases in this state generally have extensive knowledge when it comes to this type of case. You can expect LA personal injury lawyers to offer you a service with compassion and they will be available for you anytime you need them. All these qualities make them stand out from the rest of the personal injury lawyers out there.
Getting injured as a victim of someone else’s fault can be confusing and frightening. The aftermath of what happened can cause physical, mental, emotional, and financial impacts on you and your family. Because of this, the law gives you the right to run after the at-fault party by filing a personal injury case and negotiating a fair settlement for your injuries.
However, just like other legal processes nowadays, dealing with personal injury cases require familiarizing yourself with certain aspects to help you navigate the procedure correctly. Also, there are pieces of information you need to understand, so you’d know how to handle the situation.
If you believe your injuries were caused by someone else’s negligence, below are the things you should know about personal injury cases and settlements.
There Are Several Types Of Personal Injury Cases
People usually associate the term “personal injury” to car accident cases. Although the personal injury law covers injuries arising from car accidents, many situations allow you to file an injury claim with the help of some skilled lawyers, like the ones working in Davis, Saperstein & Salomon, P.C.
The said situations may include:
- Medical Malpractice – It occurs when a healthcare professional, through a negligent act, deviates from the standards of their profession and causes an injury to a patient.
- Premises Liability – It occurs when the injury was caused by an unsafe or defective condition in someone else’s property.
- Animal Attack – When a dog bites someone else, the owner will be liable for the injuries sustained by the person.
- Assault – It occurs when a person inflicts physical harm to another person and causes some injuries. In the legal sense, it might result in civil liability, criminal prosecution, or both.
- Battery – It occurs when someone intentionally causes harmful touching to another person without their consent.
As you can see, these are instances in which a personal injury case can be filed against the responsible party. To get the most out of your claim, you should know which type of personal injury case you’re dealing with. Your knowledge about the matter can help you navigate the situation properly.
You Need To Hire An Experienced Personal Injury Lawyer
When dealing with a personal injury case, it’s essential to hire a lawyer because they can help you get fair and equitable compensation for the injuries you’ve sustained. Although you can handle the process alone, a legal professional can make sure your rights and interests are protected.
This means that they can offer valuable legal advice about your situation and explain the available legal options to you. They’ll interview you and want to know everything about your injuries and the treatment you have. Then, they’ll get all your medical records to determine how they’ll assist you in building your personal injury case.
While you focus on your physical recovery, your lawyer, on the other side, will put a fight on the critical issues on your behalf. Besides your family, they also understand the hardships you’ve gone through because of the injuries, which is why they’ll not hesitate to handle your personal injury case and get the compensation you deserve.
When hiring for a reliable lawyer, below are things to consider:
- Experience – Make sure the lawyer has valuable experience in handling personal injury cases, like yours.
- Reputation – Look for someone who has an excellent track record in representing clients in injury claims. You can check their website or read some reviews online to know how reputable they are in the industry.
- Communication – Make sure that the lawyer you’re going to hire can communicate with you and in the language you understand. They should also be able to make themselves available when it comes to the progress of your case.
- Confidence – Of course, your prospective lawyer should be confident enough to advocate for you. They should know what they want, and that’s to recover financial compensation for the damages caused by the other party.
You Have To Deal With The Insurance Company
Whether it’s a car accident, medical malpractice, or other types of accidents in the workplace and at home, you must talk to the other party’s insurance company for your claims. Before the case goes to trial, your lawyer will need to negotiate with them by asking for a fair settlement offer.
Unfortunately, insurance companies are also making money. Thus, they’ll attempt to limit their offer to protect the interests of their company. As a result, your lawyer needs to be ready in case they’ll resort to their dirty schemes just to reduce the amount of money you should receive for your injuries.
You Might Have Limited Time To Bring A Personal Injury Case
Another essential thing of which you should take note is that you might have a limited time to run after the party responsible for your injuries. This is commonly called the statute of limitations.
Depending on where you live, you should check your state’s time limits to bring a case to make sure that you can still pursue the case. Once the deadline has expired, you might no longer be able to file your claim and receive compensation from the at-fault party. In most states, you have three years to institute a personal injury claim, or, else, you’ll be barred from doing so. But, in some states, the timeframe might be shorter and longer, depending on the state laws.
The Injuries Might Be More Serious Than They First Appeared
When it comes to a personal injury case, it’s crucial to determine the full extent of your injuries and how they can affect your future. For example, you might have injuries that can cause permanent disabilities. As a result, you might not be able to work and earn some income, do the things you usually do, and restore the life you had before your injuries happened.
However, the extent of your injuries might not be known right after the accident due to complications, secondary infections, unhealed wounds, and unanticipated injuries requiring more extensive treatment.
So, before you intend to accept a settlement offer, make sure that you know how your injuries can impact your quality of life. You should also figure out what kinds of care and treatment are needed in order to recover from your injuries. But, you can only understand these things once you reach your maximum medical improvement. This is the point where the doctor will tell you that nothing, even extensive treatment, can be done to improve your condition.
That said, it’s best not to enter into any settlement agreement before you reach maximum medical improvement. In doing so, you can ensure that all the damages you’ve sustained will be well compensated.
The Total Costs Of Your Personal Injuries Cover Many Other Losses Aside From Out-Of-Pocket Expenses
Most insurance settlements cover out-of-pocket expenses, such as immediate lost wages, medical expenses, and even repairs. Unfortunately, they don’t include the full value of your injuries. Because of this, you need a dedicated personal injury lawyer to provide evidence of many other losses that should be compensated. These might include:
- Pain and suffering
- Loss of enjoyment in life activities
- Mental health treatment for emotional injuries and trauma
- Loss of future earnings
- Emotional or psychological injuries
These are some of the damages that should be taken into consideration when accepting settlement offers. The better you understand the value of everything that should be compensated, the easier it would be to determine whether or not the proposal is just, fair, and equitable.
When The Negotiation Fails, You Can File A Personal Injury Lawsuit In Court
When all the negotiations with the at-fault party and their insurance company didn’t work, you may, then, file a personal injury lawsuit in court. This is where you’ll need to attend several legal proceedings to hear your case until the jury issues a decision.
Here’s how a personal injury lawsuit works:
- Discovery Phase – Before the trial begins, you and the opposing party will obtain more evidence from one another and evaluate the same. This is usually called the discovery stage. Both parties send questions and interview all witnesses and other people involved, including the offended and offending parties. Depending on the intricacy of your case, this phase can take a longer or shorter time to finish.
- Mediation – Once the discovery is completed, the lawyers will begin discussing the settlement. They’ll usually go through the process of mediation, where a neutral third party tries to bring both parties together to resolve the case.
- Trial – When mediation fails, the case will be scheduled for trial, which might take a few days, weeks, months, or years. Under this phase, the lawyers will start presenting their arguments and evidence. Next, the jury will study the facts, determine who’s at fault, and award damages, if necessary. Hence, if you want to recover compensation, hire a lawyer who can handle the trial properly.
Indeed, most personal injury cases and settlements are somehow complicated. Depending on the nature of your case and the extent of your injuries, among many others, getting a fair settlement offer or compensation can be challenging.
Therefore, keep the information mentioned above in mind so you’ll know what to expect when dealing with your own personal injury case.
Being involved in any kind of accident, whether at your workplace or on the road, can be a frustrating and traumatic experience. The mental agony notwithstanding and physical injuries, which deal with the loss of income and medical bills can be an ordeal. That is the reason why you have to fight for a good settlement since it may pay for your recovery and treatment. It can also help you with some losses.
While it isn’t possible to quantify and put a dollar value on the emotional and physical suffering you might go through due to the accident, you must try to get the most out of your personal injury settlement.
You can’t assume you’re going to get everything you ask for. However, with the help of Adamson Ahdoot LLP and through these following, you will get the best results you deserve.
Check the article to get the idea
Get Yourself Examined Medically
Never assume that you’re not injured just because there’s no discomfort or pain. In several cases, you could exhibit the symptoms of injuries a few days or weeks after the accident.
Although there are accidents that might not cause injuries, but could aggravate a pre-existing condition or injury, you still need to get examined to ensure that your health is not affected. The extent of your suffering may be established in court based on the physician’s expert opinion. However, regardless of the case, you’re entitled to get compensation for the emotional and physical suffering you underwent due to the accident.
Gather All Your Evidence
You can have a strong personal injury claim depending on the evidence you have. There are many ways on how you can collect the needed evidence and these are as follows:
- Get in touch with your witnesses and if possible, get their contact details.
- Take as many photos as you can from the accident scene. Take photos of your injuries, the area of the accident, involved vehicle, landmarks nearby, and various things that will help you picture the accident.
- File a police report immediately.
- If an accident happened in a public area, video surveillance cameras can be found and may have recorded the incident. Therefore, request video clips from the concerned authorities.
It’s important to get all of these done as early as possible. If you wait for too long, the accident’s physical evidence might get destroyed and the witnesses might not find it difficult to remember everything they saw.
If your personal injury case is complex, it’s a salient idea to look for a crime scene reconstruction expert to gather evidence, which can help you have a strong case against the other party. On the side note, if you hire an experienced and resourceful personal injury lawyer, these professionals can take on these things for you.
Don’t Stop Your Treatment
It’s crucial for you to continue with the treatment until your doctor decides to release you. Only your doctor knows the real extent of the injuries you’ve incurred after an accident. That is why stopping your treatment can be dangerous for you both in the long term and short term.
In addition to that, the treatments, therapy, and tests you undergo may help you create a solid case against the other party. Once you go against the orders of your doctor and refuse to get proper treatment, the lawyer of the other party can make the argument that your injuries were insignificant, since you get minimal medical attention. It may affect your chances to get the best possible personal injury settlement that you deserve.
Disconnect From Social Media
Until your settlement comes to a successful conclusion, you should stay away from any social media channels. The photos you upload on your social media and the comments you post will be used against you by the defense attorney.
Once you go out with your loved ones and post a photo on your social media, the opposition attorney may argue easily that you sustained minor injuries. So, once you file a case, you must refrain from making some comments online through email or via phone.
Don’t Accept The First Offer
It is standard for insurance adjusters to start the settlement negotiations by providing a low settlement amount. In several instances, they might deny liability.
The tactic’s goal is to determine if you know what your claim’s worth. The adjuster can also be trying to determine how you’re eager to get cash and if you’ll accept any amount. After your first offer, the response must be dependent if it’s low or reasonable. If you have provided a reasonable offer, making a counteroffer is always a great idea.
If you’re filing for a personal injury settlement, getting the most out of it is your goal. But, this might not be as simple as most people expected. As a result, it’s a great idea to engage the services of personal injury lawyers at the earliest possible. It will help ensure you have the best possible of getting the compensation deserved for the damages and injuries you suffered. Just make sure to find the best personal injury lawyer in your local area.
A personal injury lawsuit can be an excellent way to get compensation after someone else physically or mentally harms you. However, it is not as simple as just serving the perpetrator with a lawsuit and raking in cash. You will need to be prepared to follow the legal process and prove your case effectively in court.
Before you file any personal injury lawsuit, here are a few important things you should know.
This overview of personal injury lawsuits will give you a better idea of whether or not you have a viable case
You Have to Show the Defendant Was Wrong
Before starting a lawsuit, you need to understand the basic legal requirements of suing for a personal injury. When you file your complaint with the court, you need to allege that the defendant did something wrong.
Typically, lawsuits will claim that the defendant was either negligent or malicious. If your injury occurred in a complete accident where no one could have reasonably done anything to prevent the accident from occurring, your lawsuit may be dismissed.
You Have to Prove How You Were Damaged
Just having another party who was in the wrong is not enough to file a lawsuit. In your complaint, you will need to explain that the malicious or negligent actions of the other party led to concrete harm for you. This may be in the form of lost wages, new medical conditions, or other problems that have occurred following the injury.
Your personal injury lawyer will then help you come up with a specific sum of damages that you will seek.
You Need to Do All Steps of Filing the Lawsuit in a Specific Timeframe
Being aware of the timeframe will help you file your personal injury lawsuit before it is too late. You will need to file your case within your state’s statute of limitations. Then you will have a certain amount of time before you need to serve the other party with notice of the suit.
Finally, you should expect to go to trial within about a year to 18 months of your complaint, so you will need to prepare your case fully during this time. The defendant’s insurance may also agree to settle with you before you have to go to court.
You May Need a Lawyer
Legally speaking, you can represent yourself in a personal injury lawsuit. However, this is almost never successful. Filing this type of lawsuit is about a lot more telling you how to behave in front of a judge and talking about your situation.
A lawyer will be there to help you navigate all the legal complexities in the months leading up to the trial. They can help you avoid breaking any laws and assist you in gaining the best outcome for your case. Lawyers also have experience negotiating with insurance companies.
You Should Expect a Lot of Fact Gathering
In the months leading up to the lawsuit, be prepared to spend a lot of time with your lawyer as facts are gathered. You will most likely be deposed, which is a formal interview you take in front of a court reporter.
You may also need to have medical examinations or collect reports from experts. All of this information can then be presented at the trial to plead your case.
You Should Be Prepared for Negotiations
One thing many people are surprised by when they want to file a personal injury lawsuit is the level of negotiating that occurs. Especially in cases where you are suing a company instead of a person, you can expect a lot of meetings with other lawyers to negotiate.
Some of these may take place before you even legally file the personal injury lawsuit, and the negotiations can continue up until the day the trial is set to take place.
One of the scariest things for a parent to learn is that their child suffered from a birth injury. Imagine having their little child experience pain and difficulty. Plus, they have no way of adequately communicating their pain with you except to cry. It is devastating. For this reason, it is pretty understandable if you, as a parent, would want to seek justice for the pain and suffering that your child has gone through. However, there are some points that you should know about suing for a birth injury. Here are some of them:
Who Can Sue?
In general, the parents can choose to file a birth injury medical malpractice lawsuit. In a way, they are claiming to represent the interests of the injured child, who is a minor and would have no legal capacity to do so. Similarly, the parents can also sue to compensate for medical expenses that they had to shoulder as a result of the birth injury.
The mother can also choose to file a birth injury claim if she sustained any injuries during childbirth.
The father also has the right to file for a birth injury claim if the mother dies due to medical malpractice. Fathers have the right to file on behalf of the deceased mother and the child. The father would also have the standing to file for wrongful death if he and the mother were legally married or registered domestic partners.
A guardian also has the right to file for a lawsuit on behalf of the child he or she is caring for.
Who Can You Sue?
A hospital can be responsible for the negligence of its employees. They have liability in the context of medical malpractice because there is an assumption that they made sure to hire only competent physicians and other allied health care providers.
These medical institutions can be legally liable if they fail to conduct their own inquiries regarding their employees. Any organization that continues to retain any staff member known to be involved in a medical malpractice case can be liable under corporate negligence. As such, these medical centers should carry out their investigations to find out if their staff has any outstanding liabilities before accepting them into their organization.
For birth injuries resulting from a drug side effect, victims can hold a pharmaceutical company liable. However, there should be proof that the manufacturer failed to warn the physician of the dangers of using the drug in question. However, it can sometimes be tricky to involve drug manufacturers in a lawsuit because they often claim that doctors are in the position of knowledge to know and discern if any of their drugs pose any danger to the patient.
A doctor may be held liable for a birth injury if they failed to provide the level of care that would prevent such harm from happening. Failure to provide adequate prenatal care and immediate care when necessary, can be enough to file a claim against the doctor if injuries resulted.
When Can You File a Birth Injury Claim?
The statute of limitations for bringing a case to the court varies by state, so it is best to consult an experienced law firm like seattlemalpracticelawyers.com to help you understand your specific situation.
Birth injuries can range from a simple bruise to more complicated injuries such as cerebral palsy. More severe complications require lifelong care and therapies. Often, they impact the child’s overall quality of life, with some having limited mobility. That said, parents should try to seek justice for their suffering.
When a serious accident overwhelms your life, it can make eminent sense to hire a personal injury lawyer to help you to file a lawsuit against those responsible for seeking compensation and damages. Many people believe that a personal injury lawyer is needlessly expensive.
There are very good reasons why you should consider engaging a personal injury lawyer
To Discuss and Settle with Insurance Companies
The insurance companies will typically try to avoid settling the claim or attempt to bulldoze you into accepting a very small amount. Hiring a personal injury lawyer will ensure that you get the full amount spent on medical treatment reimbursed and you are also paid for the repairs to your car in a timely and satisfactory manner.
To Have the Support of the Right Medical Professionals
To be able to get the maximum compensation, medical documents and opinions regarding the severity of the injury are vital. Personal injury lawyers will know which medical experts should be consulted and who can help the case with their expert testimonies, should the case go to trial. Medical experts can win over the jury with their interpretation of the impact of your injuries.
To Avoid Case Dismissal Due to the Statute of Limitations
Time is of the utmost essence if you intend to file a civil lawsuit seeking compensation for personal injury. This is because you need to file the case within a specific period after the accident for it to be valid. Even though your treatment may be ongoing and it may take time to collect adequate evidence, it is important to file the case with the allowable period. Your lawyer will help to keep track of the timeline and ensure that the case is filed on time and cannot be dismissed on technical grounds.
To Be Able to Face the Expert Legal Team of the Insurance Companies
Insurance companies have lots of money as well as legal resources to help them to pay out the minimum claims. Having a personal injury lawyer to represent you will ensure that you will be on an even playing field and the defendant’s lawyers cannot take advantage of your lack of training in legal matters.
To Take Advantage of the Support Staff of Personal Injury Law Firms
Fighting a case for personal injury compensation can be immensely complex and without expert assistance, it can be an impossible battle. When you hire a personal injury law firm, you also get access to the expertise of the various kinds of legal, medical, and investigative resources that these firms usually have. According to https://www.entrepreneur.com, it may be better to hire a large law firm even if they charge more because they are likely to have more expertise than smaller firms.
If you are involved in an accident that is likely to have a big impact on your life, it makes good sense to hire a personal injury lawyer instead of trying to fight for compensation on your own. Having a personal injury lawyer by your side, you will be able to negotiate better with the lawyers on the opposite side, stay clear of committing legal follies that will have your case dismissed, and put up a strong and convincing argument for the maximum compensation.
In the unfortunate event where you fall victim to an injury because of someone else’s negligence, it’s important that you have someone to call to help you with all the legal procedures that might follow.
Many victims don’t follow up on legal procedures when they get purposely or accidentally injured. The injury claim process can become quite tedious and frustrating. The last thing victims want to deal, when they are in recovery, is insurance companies pestering them to fill out forms and provide loads of information.
If you find yourself in a situation where you’ve fallen victim to injury because of someone’s negligence or spite, then it’s time you phoned a professional.
Here follows a list of tell-tale signs that it’s time to consult a professional injury attorney
1. WHEN NEGLIGENCE FROM A SECOND PARTY CAUSED DAMAGE
If you ended up in the emergency room because of someone else’s reckless driving, you have a cause to claim insurance. Any injury, whether fatal or minor, that could have been prevented if someone else were more cautious, should have legal repercussions.
Common causes of negligent injuries might include any of the following:
- Pedestrians and bicycle accidents
- Vehicle accidents due to skipping traffic lights, driving above the speed limit, or reckless driving
- Medical negligence from medical practitioners
- Dog attacks and bites
- Falling objects from construction sites or tall buildings
- Falling and slipping accidents from dirty floors in public areas
Click here to learn more about common injury claims.
2. WHEN YOU AREN’T FAMILIAR WITH THE PROCEDURE
Claiming insurance by means of an injury claim can become a strenuous procedure, especially if you have no clue how everything should go. There are loads of forms to fill out, phone calls to make, and communication that goes into the full procedure.
You will save yourself a lot of hassle when you hire a professional injury claims attorney to handle all the ins and outs of the procedure. By doing this you will avoid spending time researching and making errors along the way.
3. THERE’S NOT MUCH TIME LEFT FOR YOU TO PUT IN A CLAIM
Depending on your country’s or state’s laws, there will be a certain cut-off date for when you are able to put in a claim for an injury. In most cases you have about two years to report the act of negligence on someone else’s part which caused death, injury, or any other damage.
If you wait longer than this allocated time, you won’t be able to claim for any damages that occurred. An expert injury lawyer will be able to help you extend the statue of limitations.
4. THE INJURY RESULTED IN FINANCIAL LOSS
When you aren’t the cause of your personal injury, and you had to pay hundreds of dollars for your medical bills, then the person responsible should be held accountable for their actions.
Not only should you receive compensation for medical expenses, but also any effects on your salary. In serious cases, victims can’t go back to their work for months. Either they are left with a permanent disability or their salaries have been cut.
It’s important that the injured are compensated for all damages caused by the third party.
An injury claim attorney will be able to help you assess the situation completely. Helping you calculate a fair compensation amount. If you aren’t aware of the certain pay outs, then you might settle for a claim much less than what is fair.
5. WHEN YOU HAVE ALL THE EVIDENCE
When you have relevant evidence that the accident wasn’t your fault, you will be able to take the other party to court. When there are witnesses to the accident or any video footage, a claim injury attorney will be able to use it as ammunition in court.
Having evidence will only strengthen your case. A lawyer will know exactly what to do with it all to ensure you get the rightful settlement.
Phoning an injury claims attorney to help you with this tedious procedure, will not only provide you with expert advice and guidance, you will also be liable for a much larger settlement that they will negotiate for your benefit.
Brain injuries can prove costly in terms of financial loss and the quality of life enormously compromised due to trauma. The person who suffers damage to the head or brain in an accident can claim compensation to meet short-term and long-term goals. Some provinces can offer no-fault accident packages in car accidents. But these may not be enough to take care of the financial hit a family has to bear. If the victim sustains brain injuries because of another’s fault or negligence, he or she can file for damages. For help, the plaintiff can hire a lawyer who specializes in this field and is aware of all the twists and turns.
Here is a quick brief about brain injuries and legal considerations to help you understand what you can expect under such circumstances.
What do you mean by brain injuries?
The severity of brain injury can vary depending on which region of the head is hurt and to what extent. Due to an injury, the person can experience symptoms like headaches, fatigue, loss of memory, reduced attention span and focus, loss of motor function, confusion, and so on. Whether the person has suffered a brain injury or there is a suspicion around it, he or she needs to take immediate medical help as any delay in treatment can create complications.
As per medical experts, the effect of brain injury not just manifests on physical health but can also extend to mental or behavioural health. Victim’s personality can change; he can become aggressive, his thinking, reasoning, and memory power can suffer; he can experience communication challenges and others. In severe cases, a victim can slip into a coma or a vegetative state, leaving him or her unable to take care of themselves.
What can you do if this happens?
If a brain injury is the result of an accident or negligence, you can go to a personal injury law firm in Calgary. The person becomes eligible for insurance coverage, which can be his or her own or claimed from the other party. It can cover some of the costs of the injury. At the same time, you can also claim compensation from the defendant for other expenses surrounding the wound. These can be for medical bill payment, short and long-term therapy, income loss, diminished earning capacity, mental and emotional trauma, and so on. Since compensation can be case specifics, you can hire a qualified attorney to help you obtain maximum relief.
However, it is essential to note that you should not delay in seeking legal advice. When you hire someone for this, the person would need adequate time to collect evidence about the accident. Based on this, the lawyer can deal with insurance carriers and responsible parties. Since lawyers tend to know the nitty-gritty of such cases, you can expect them to guide you about this process end-to-end. But as mentioned, you need to reach out to him or her before it is too late. Only then can the person help you with the best possible outcome.