Personal Injury law
What should I do if I'm in an accident
When do I call an attorney
What is my case worth
Personal Injury Law
Personal injury law is known as Tort Law. A tort is a private
civil wrong, in which someone has caused injury to you or your property,
either intentionally or negligently. The person who caused the injury
generally must pay you for your injuries. Common types of personal
injury claims include automobile accidents, slip and fall cases,
wrongful death cases, and injury caused from defective products
in which the manufacturer may be liable.
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What should I do if I'm in an accident?
If you are in an accident and are able, you should trade
appropriate information and answer questions presented to you by police
officers. However, make no admissions. Be courteous and kind, but
do not volunteer information.
You should also seek appropriate medical attention as soon as possible.
It is not unusual to feel the effects of an accident the next day
or several days later. If your body has been subject to trauma,
it will hurt, even if your nervousness and adrenaline prevent you
from immediately percieving your pain.
Get the names and addresses of all parties and witness including
investigators or law enforcement officers. This information may
or may not be listed in a police report. In fact, if the accident
occurred on private property, as opposed to on a road, a police
report may not be prepared at all. Accordingly, it is very important
for you to obtain the names and addresses of any witnesses, who
may be used later to back up your version of the accident.
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When do I call an attorney?
Unfortunately, many people do not contact an attorney until they
have dealt with an adjuster from an insurance company who treated
them unfairly. By this time, they have often made statements, recorded
and unrecorded, that may later be used against them.
If you are injured, contact a personal injury attorney as soon as
possible. Personal injury attorneys are able to stand up for an
injured person in dealing with the adjuster. Remember,
no matter how polite and sympathetic an adjuster may appear when
speaking to you, the adjuster is nonetheless a highly trained and
skilled negotiator. It's the adjuster's job to try to settle the
case as quickly as possible, and for as little as possible. By paying
you less, the insurance company saves money and maximizes profits.
An attorney who represents you, can negotiate on your behalf.
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What is my case worth?
In resolving personal
injury cases, you seek financial
compensation for your loss and injury. Financial
compensation is designed to make you
whole. However, each case is different,
and you should never compare your case
to someone else's.
The amount of financial compensation that you may be entitled to
receive, depends in part on your losses and expenses. As the injured
party, it is your responsibility to prove your losses and expenses.
Your attorney may prove to be most valuable to you in establishing
your damages.
You can best assist
your attorney by keeping all receipts
and invoices for expenses that are related
to your injury. These include everything
from prescription medication documentation
to hospital and doctor bills. It is
often a good idea to keep a log or diary.
However, this shouldn't be a personal
diary. Rather, you should keep a log
of important dates and events that occur
from the date of the injury.
The value of your claim
may also be based on liability. If the
person who injured you is solely at
fault, your claim will be more valuable
than in a situation where you may be
partially at fault. Other factors may
also be important: How strong is your
case? Can you prove it? What will it
cost to prove?
Follow the advise of your health care professional. Do not incur
medical services just to beef up your medical expense. Such matters
will be reviewed. Be aware also your health care providers or your
personal insurance may have a right to payment before you are entitled
to receive funds. This generally comes from your portion of the
settlement.
In short, what
might appear to be a simple case, can be quite complicated.
An experienced attorney who represents
your interest will work hard to obtain a fair result for you.
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