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The most common type of personal injury case brought into the American court system today is undoubtedly automobile accidents. Although some states have passed no-fault laws eliminating culpability from all parties, automobile accidents are usually governed under the laws of negligence. Automobile drivers are expected to operate their vehicles while exercising “reasonable care under the circumstances.” Whenever a person fails to exercise such care, they are considered responsible for the accident and in many cases required to pay damages. These damages are most commonly in the form of vehicle repair and medical fees. In order to be paid, the plaintiff (the injured party) must prove that the defendant’s operated their vehicle without exercising “reasonable care under the circumstances” and were thereby acting negligently. All those involved with automobile accidents are advised to seek legal guidance from a personal injury attorney in their area so that you are sure to receive compensation for injuries and damage to your vehicle.
Who is at Fault?
When involved in an automobile accident it is often easy for drivers to instinctively determine who acted negligently and who should be held responsible for the accident. However, matters fault and negligence are also often very complex and it can be difficult to prove what that person technically did wrong. An experienced personal injury attorney’s assistance is essential in sifting through police reports, traffic laws, and witnesses to determine exactly what happened, who should be held at fault, and what damages the culpable party should be expected to pay.
It is important to consult a personal injury attorney before taking any action involving your personal injury claim. Lawyers are experienced in dealing with court proceedings and insurance companies and know how to protect your best interests. In order to receive maximum compensation for the party at fault, it is also important not to speak with their insurance company. Although they may appear to be trying to help, their job is to minimize their payments to you. They are looking for any information that will allow them to lower the damages paid to you and should not be spoken to without consulting an attorney.
Insurance Companies – Looking Out For Their Own Best Interests
In order to maximize their company’s profits, a representative from an insurance company will begin to investigate your accident immediately. They seek to limit what the injured person or party will receive and do so through specific and complex procedures. The insurance company will begin by taking recorded statements from individuals involved in the automobile accident and inspect the vehicles involved. They will take pictures and acquire police reports and medical documents to determine the extent of the injuries sustained by those involved. Insurance companies will generally be able to complete this initial investigation within a week of the accident.
The majority of insurance companies will seek to settle an insurance claim as quickly as possible. While this practice may seem advantageous to the injured party, companies are once again trying to minimize their losses when finalizing an insurance settlement quickly. By settling quickly they can often avoid paying for future medical costs, lost wages, and other damages that may develop later on. It is important to realize that it often takes several months to completely assess injuries sustained in an accident. Medical fees that arise later on may include surgery or rehabilitation. The period of time during which a claim can be made, also known as the statute of limitation, is currently set at two years. Those who settle with the insurance company soon after an accident often regret doing so, as new injuries are discovered months, or even a year later.
There are also many other issues that may arise throughout an insurance claim for which the assistance of an attorney is very important. If you are injured, it is possible that your insurance company will pay medical bills and other bills that need to be paid off immediately. Once the case has been settled, they will often seek reimbursement for their expenses from the money obtained by you in your settlement. There are many strict state laws that prevent and restrict the ways in which they can do this. For this reason, it is important you have an experienced firm, such as ours, that is well-versed in these regulations and can utilize them in order to ensure that you receive and keep as much money as possible. The same is true of workers compensation cases. The insurance companies used by your employer will often seek reimbursement for their expenses and for the money paid to you due do lost wages. Again, it is important to employ the services of an experienced personal injury lawyer to make sure that you are not taken advantage of.
In our state, everyone must carry liability insurance for their vehicles. The state minimum requires $15,000 per person bodily injury liability insurance coverage per person and $30,000 per accident. However, in severe accidents, the damages incurred by drivers may exceed these figures. In these cases, other insurance may be used in addition to that mandated by the state. The insurance policies of family members, employers, rental car companies, etc. may be able to assist the culpable driver in these instances. In some instances, the insurance companies of entities not directly involved in the accident may have to pay. If a government agency was at fault, because roads were not properly maintained, or because a traffic light did not operate correctly, their insurance would most likely contribute to the injured party’s bill payments.
There are complicated issues that factor into the value appropriated to an insurance claim. The nature and extent of the injuries sustained, the monetary losses involved, the relevant liability issues, the trial’s location, and prior injuries are all factors that have to be considered before a value can be placed on an insurance claim. The insurance company makes its money by becoming well-versed in the laws surrounding these issues, and applying them in order to pay you as little money as possible. For this reason, it is important that you find an attorney who has as much, or more, experience with personal injury law and dealing with insurance companies.
Determining the appropriate value of a claim for personal injury can be very complicated. It involves evaluating numerous variables such as the nature and extent of the injury, the economic losses that are recoverable, and the liability issues related to the accident. The trial's location and any prior injuries suffered by the injured party are issues that are also factored into any evaluation of a personal injury claim. Since insurance companies have vast experience in evaluating personal injury claims and will seek to obtain the lowest settlement possible. In order to have the same advantage that comes with experience, it is important to have a person with considerable experience dealing with the insurance company on your behalf.
Please remember that it is essential to act swiftly after an accident in order to preserve evidence. Also, remember that it is imperative that you speak to an attorney before speaking with insurance companies. If you have been involved in a motor vehicle accident, please feel free to contact us for a free consultation.
Due to drastically increasing roadway congestion, as well as rising gas prices, commuters are turning to rapid transit and public transportation in greater and greater numbers each year. Both commuters and college students are turning to Park and Ride options to reach their destinations, and buses are becoming more and more appealing to those who have grown sick of dense traffic. However, an unfortunate side effect of this increasing use of public transportation is an increase in the number of injuries and deaths that result from bus accidents.
Unfortunately, many bus accidents result in serious injuries or even death for those involved. These accidents have many causes, ranging from driver negligence, insufficient security, dangerous road conditions, inclement weather, negligence, defective equipment, improper maintenance, and more.
If you were a bus passenger, pedestrian, or the driver/passenger of another vehicle and were involved in a bus accident, you may be able to file a personal injury claim against the bus company and be compensated for the injuries you sustained in the accident.
Someone in the United States dies in an alcohol-related automobile accident every 30 minutes. An even more astronomical figure is the number of individuals injured in such accidents last year alone, totaling more than 1,000,000. In many cases involving alcohol, there are more parties that can be held responsible and liable to lawsuits than one might think. In addition to the intoxicated driver, the bar or social host which served an obviously intoxicated person may also be liable. Experienced personal injury attorneys are conscious of the many laws which apply to alcohol-related accidents, and can help you to gain just compensation for injuries sustained and property damaged in such accidents.
Insurance companies have a great deal of experience in handling personal injury claims in a manner that will enable them to pay out as little as possible. An experienced personal injury attorney will help you fight back against the insurance company and get you the settlement you deserve. Attorneys who have handled many wrongful death and other personal injury cases in the past will be able to competently assess the value of your claim and work to get you that figure in litigation.
Remember that the faster you begin the investigation the better, and it is of the utmost important that you speak with an attorney as soon as possible. If you need representation in your case involving a drunk driving injury, contact us for a free consultation.
Traumatic Brain Injury and the Law
Unfortunately a traumatic brain injury is usually the result of a sudden and violent blow to the head. This type of a blow can launch the brain on a collision course with the inside of the skull. The skull itself can often withstand a serious and forceful external impact without fracturing. The result of this trauma, and injured brain inside an intact skull, is known as a closed-head injury.
Occasionally, a traumatic brain injury will occur and the brain will actually penetrated. One such instance would be when a projectile such as a rock, bullet, or part of a fractured skull enters the brain. This type of brain injury is rare relative to those in which the brain is not penetrated.
The severity of the damage done to the brain depends greatly on which part of the brain is affected. Those who experience mild brain injury may only experience temporary confusion or headaches. Serious head injuries, on the other hand, can be fatal. The total number of individuals in the USA who sustain traumatic brain injury each year approaches 1.4 million. Luckily, over ¾ of these injuries are only mild concussions. However, sometimes even these minor accidents can lead to future long-term problems.
Causes of Traumatic Brain Injures
Almost half of all traumatic injuries sustained occur because of automobile accidents. The elderly also often suffer brain damage in falls. Children can often suffer brain damage very easily, due to the incomplete development of their bodies, and can suffer brain injuries from being shaken violently or minor falls.
Traumatic Brain Injury Case Recoveries
Traumatic brain injuries unfortunately have long-lasting and devastating consequences for those who those who suffer from them. The attorneys at our firm understand this, and want to make sure that you are prepared for both current and future medical expenses. Additionally, you can seek compensation for lost earnings, emotional trauma, pain and suffering, and the loss of the quality of life to which you were accustomed. We are experienced in personal injury law involving traumatic brain damage, and can assist you in obtaining the compensation you deserve in your personal injury claim.
Whether you suffered a traumatic brain injury from an auto, trucking, motorcycle, or other accident, our firm can help. Contact us and we will provide you with a free consultation to assess your case.
Motorcycle riders face dangers and challenges on the road unique from those faced by other motorists. Motorcycle accidents often result in injuries that are far more serious than those that result from traditional car accidents. Through our own personal riding experience, the vast experience we have with personal injury law, and the testimony of our expert witnesses we are adept at conveying these unique dangers to the jury.
Statistics have shown that motorcycle accidents are most often the fault of the other driver involved. It is oftentimes difficult to see a motorcycle in the road, but other motorists assume the responsibility to be aware of motorcycles and their riders when they enter the roadways. All motorists have the duty to operate their vehicles with care, and they must be on the lookout for motorcycles as they drive.
The seriousness of the injuries often associated with motorcycle accidents means that the damages and medical bills are often higher than traditional car accidents. Experienced personal injury attorneys will be able to ensure that you receive just compensation for your injuries and will consider future expenses, pain and suffering, and many other factors when determining how much you should receive in your settlement.
If you have been involved in a motorcycle accident, contact our office to ensure that your rights have been and will be preserved. We offer free consultation and would be happy to sit down and discuss your legal options with you.
A wrongful death lawsuit is a claim that the deceased individual or party was killed because of the negligence on the part of the defendant(s), and that the still-living dependants are entitled to receive monetary compensation for the defendant's negligence.
Wrongful death claims did not exist under "common law." "Common law" dictated that the claim died with the victim and that surviving family members were not entitled to damages from the person responsible for the death of the victim. However, states have stepped in and passed wrongful death statutes in order to correct this injustice. In fact, every state in the US has some form of wrongful death claim action today.
The statutes and laws surrounding wrongful death in our state determine that only the heirs and dependents of the deceased are entitled and authorized to receive damages for the wrongful death of their loved one. These individuals may seek compensation for the loss of love, companionship, and moral support that they once shared with the deceased, in addition to the financial support that they would have received if not for the neglect, accident, or homicidal death of the victim.
The sudden and unexpected death of a family member is a tragic and devastating experience for those who knew and loved the victim. The fact that this death resulted from the negligence of another person makes it even harder to accept. When this does happen, and a loved one dies due to the carelessness or lack of safety measures taken by another person or party, family members should receive compensation for their loss.
Assessing the value of a wrongful death claim is often times very complex. The nature and extent of the injury which led to death, the recoverable economic losses, and the liability law relevant to the circumstances all must be factored into this valuation. Additionally, the location of the trial and the person's health are also issues that must be considered in such an evaluation.
Medical malpractice lawsuits are filed after an individual has been injured due to the negligence of a physician, psychiatrist, nurse, dentist, hospital, podiatrist, chiropractor, or other health care providers of any kind.
The injury of a person due to a medical error (in cases when the action/error is not a crime) is considered a civil wrong or a “tort.” Such torts can be the grounds for a medical malpractice claim or lawsuit.
Sadly, the injuries that result from medical malpractice can be very serious and life changing.