Personal Injury Claims After an Accident

If you’ve been involved in an auto accident, then you may be thinking about how to proceed with settling an injury claim against the responsible driver or vehicle damage. This article offers some tips on the best ways for setting an auto accident claim.

Let us check out Personal Injury Insurance Claims After a Car Accident by All Law. Here’s an excerpt from the article:

“At the Scene

First and foremost, check on the safety and well-being of your passengers and the other individuals involved. Call the paramedics if anyone appears to be injured. Many times injuries can occur even from seemingly minor accidents. It is obviously important for health reasons, but also for the ultimate success of any claim for damages, that accident victims seek prompt medical attention

Seeking Medical Care

Obtaining timely medical treatment for any injuries is important. Inform the treating physician that you have been involved in a motor vehicle accident. Follow through on all prescribed treatment.

Dealing with Insurers

As soon as possible, contact your automobile insurance company to report that an accident has occurred. Your insurance company will assign a claim number and a claims adjuster to handle all aspects of your claim.”

personal injury lawyer

Personal injury lawyer in the court room

Tips for Settling a Car Accident Claim by Nolo has further information about an auto accident claim including the various damages you  can get.

“What Types of Damages Can I Collect?

If you are making a claim for property damage only, some of the different types of damages you may be entitled to collect are:

  • vehicle damage
  • personal property damage — compensation for items such as a computer that may have been in the car, or a bike on a carrier, if those were damaged in the accident
  • car rental — most insurance companies will reimburse you for a rental car that you needed while your vehicle was being repaired, and
  • out-of-pocket expenses — for example, if you had to hire a taxi to get home from the accident scene or police station.”

Find Law’s Insurance Claims After an Accident: The Basics has more information when it comes to the claims process itself. Here’s an excerpt:

“The Insurance Claims Process

Whether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries.

The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property.

After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident.”

For more information about personal injury law, go to mcallenpersonalinjurylawyer.com

 

A Quick View on Elder Law

During the 1990s, a new term increasingly became fashionable within the ranks of legal practitioners. The term is elder law, and it refers to the legal representation of individuals who are older members of society.

Although there is no fixed date at which a person becomes “old” (retirement age in many companies is sixty-five or seventy; membership in the American Association of Retired Persons – AARP – is available to individuals at fifty-five), there is a rough sense that sometime during this period people cross the threshold from being middle-aged to elderly.

People reach a time in life where their children have grown up and moved away (the so-called “empty-nesters”) and they can think about more leisure time, retirement, and baby-sitting grandchildren. They are likely to contemplate the necessity of disposing of their worldly possessions after they die.

It should not be surprising, then, that the legal concerns of older citizens would be different from those of younger people.

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Elderly lawyer entertaining a client.

Three specific factors contribute to the rise of elder law issues today. First, actuarially, people are living longer now than ever before. Advances in medical science, changes in eating habits and lifestyles, and economic prosperity have all combined to push life expectancies in the United States well into the seventies.

In fact, someone who has survived the mortality risks of childhood and youth can expect to live well beyond eighty. Second, the baby boomers are getting old.

The same post-World War II bulge in population that swelled the elementary schools in the 1950s, graduate schools in the 1970s, and the workforce through the 1950s will swell the ranks of older citizens for the first part of the twenty-first century.

Third, these relatively healthy aging baby boomers are predicted to lead lifestyles very different from those of their grandparents. They will have leisure time and money to spend. When they have problems, whether medical or political, they will be proactive in forging solutions.

They will, as they always have, turn to the law as a vehicle for establishing and protecting their rights.

Elder law is a field that is defined by the clientele rather than the substantive legal problems. In fact, the field is more of an umbrella for many types of substantive practice that are commonly provided for older clients.

It is a buzzword to describe the legal services that elder citizens are likely to require in the areas of estate planning, health law, real estate, Social Security, pensions and retirement, and others.

elderly law

Elderly people inside the hospital.

  • Estate Planning. Older individuals contemplating the end of life often seek legal assistance in developing a plan for disposing of their estates. This can be done through a will during the life of the individual.
  • Health Law. The fact that older people are statistically more likely to experience health problems means that more of them will have contact with the health care system. As that system changes, and to the extent that lawyers are involved in representing people with health care problems, health law issues will be a major component of elder law.
  • Real Estate. Many retired people at some point sell the homes they have lived in and move to retirement communities, small homes, condos, or health-care facilities. Thus, there is a high probability that older people will have one or more experiences with real estate law.
  • Social Security. At age sixty-five, most individuals become eligible for Social Security, Medicare, and other government benefits. As with any government system, many people encounter problems getting the right benefits in a timely fashion. Frequently, they require legal assistance.
  • Pensions and Retirement. A variety of legal problems are associated with the process of retirement itself. The terms of companies’ retirement policies are not always clear. The timing of retirement is not always agreed upon by employees and their employers. The value of a departing business owner’s equity in the business or succession to leadership is not always clear. The right to manage and control pension-plan assets and benefits may be ambiguous or confusing. These and other issues frequently end up in the hands of lawyers or the courts..
  • Other Issues. The elderly also face all of the other legal problems that can be found in society. Sometimes age is a factor in the way those problems are handled. Often the personality of the lawyer – being able to communicate with and relate to older people – is significant. The old as well as the young need to feel that they can trust their lawyers.

In one sense, the denomination elder law is shorthand for saying that a firm or individual lawyer concentrates in or is particularly sensitive to older people and their specific legal needs. Anyone practicing law over the next two decades is likely to encounter elderly clients.

Regardless of whether it is a minor or major aspect of a person’s practice, elder law issues will continue to be an important part of law practice in the United States.

Insider’s Look at Personal Injury

Personal injury can entail mental and physical injuries that take place because of somebody else’s negligence, strict liability, or intentional actions.

Negligence is the term used when the other party was unable to behave with reasonable care. For instance, imagine you’re in your vehicle stopped at a red traffic signal when another driver hits you because they are not paying attention. If you sustained physical injuries in the collision, those are considered personal injury because of negligence. (Any damage to the vehicle is property damage, and not considered personal injury since the vehicle is a thing, not a person.)

Intentional harm means that the other individual planned to harm you, which includes cases of assault, battery, as well as false incarceration.

Strict liability means anybody involved in manufacturing, distributing, or selling of defective merchandise, which can be held liable if the merchandise injures somebody.

Personal Injuries

There are quite a few common types of personal injuries:

injurycase• Motorcycle accidents
• Auto accidents
• Trucking accidents
• Boating accidents
• Slip-and-fall accidents
• Railroad accidents
• Sexual abuse
• Medical and dental accidents
• Work-related accidents
• Injuries that happen because products fail or malfunction
• Dog bites
• Wrongful death

The majority of personal injuries belong to a law category called torts. Torts are a category of civil (not criminal) law. It’s a way in holding somebody else legally liable for the injuries you sustained.

Negligence

Personal injury cases almost always involve negligence. In order to have a legal case, your car accident attorney should be able to demonstrate that your injury was due to another party’s negligence. To show negligence, your attorney should prove four things:

Duty of care: The careless party had a duty to behave cautiously to avoid harming the other party

Breach of duty: The careless party significantly exposed the harmed party to a huge injury risk or did not even realize (but should’ve) that there was risk

Direct cause: The careless party’s lack of action, or deliberate behaviour, resulted in the injury

Harm: The harmed party endured a financial loss due to the negligent party’s neglect (for instance, a medical bill would be a financial loss)

Personal-Injury-AttorneyIn addition, damages are meant to compensate somebody for their injury.

Personal Injury Lawyers Differ in Various States

Tort laws differ from state to state. Now if you have suffered a personal injury, consult an auto accident lawyer who has the experience and skills in your jurisdiction.

What is Personal Injury Case Worth?

One question that comes into mind every time people inquire about personal injury is – what is personal injury case worth? What’s it worth and how much money is one going to get?

First of all, that would depend on how much insurance coverage is available. As a practical matter, defendants very often either don’t have enough income or assets to make it worth going after them or for whatever reason those are protected. So to most personal injury attorneys, the most important question besides the extent of your injuries and the cause of the accident is how much insurance coverage is available.

They’re going to want to get the defendant’s policy and find out how much coverage is available. There could also be other policies at play including your own uninsured or under-insured motorist coverage. Sometimes people think they don’t when they do and so it is always a good idea to check which many of the lawyers do. Just review the facts to determine what other types of insurance might be in place. In general you get a total amount and that’s going to be an effective cap on what damages are available.

Who Caused The Accident

The next question is whether the cause of the accident is clear. If the other person caused the accident is clearly identified then the next question would be what are your injuries and what are the extent of your injuries. Oftentimes insurance companies will say that you are not injured enough and that your case isn’t a serious case. This is just a lie most of the time and you can always consult your attorney on the matter.

You should always call a lawyer to find out if you really have a strong claim and weather the insurance company is giving you the compensation that you deserve. Sometimes the case really doesn’t justify the work of an attorney but oftentimes your injuries might not be apparent in the beginning or you may just don’t know the extent of them.

Let’s just say that you’ve hurt your neck during the accident. You feel a slight pain over your neck area but you’re not sure whether you should go to a doctor because your body seems fine. But a week later you may find out that the pain on your neck area hasn’t gone or healed.

Under such circumstances, it is important that you reserve any offer that the insurance company might make for your case and call you physician to make a diagnosis of your injury. After that, you need to share the results with your attorney and determine whether you really have a good case.

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The Injured Party’s Burden in a Personal Injury Claim

As a personal injury case proceeds to court, the burden of proof will be on the plaintiff or the injured person. He or she must prove the necessary elements of the alleged claim. The defendant or party responsible for the injury does not necessarily have to prove anything under such circumstances.
Within a civil court case, the plaintiff’s burden is not as tough as the prosecutor’s burden in a criminal case.

The plaintiff suing the defendant does not have to prove anything that the defendant do beyond reasonable doubt. The plaintiff on the other hand has to prove beyond the preponderance of the evidence wherein the defendant did as was asserted. So what does this mean? This means that the plaintiff must show that more or less the defendant is responsible for the plaintiff’s injuries.

What Must The Plaintiff Prove?

What does the plaintiff have to prove under these circumstances? Well, it depends on the case. Generally, though there exists four important elements of a personal injury claim wherein negligence is involved. They include:

• The defendant owed a certain responsibility towards the plaintiff

• That the duty has been breached

• That such breach has led to the harm, and;

• Injuries were done from which damages will be paid.

Whatever the nature of your case or claim is, it is important to assert that having a good personal injury attorney would make a difference. An experienced personal injury lawyer can advise you and what to do in order to build up your case.