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December 19, 2020 by MatadorAdmin

Basics of a Personal Injury Claim

No matter if you have been involved in multiple accidents with other motor vehicles or if this is your first time, no motor vehicle accident is the same however, every motor vehicle accident can be very traumatizing. This is for the at fault driver and even the victim. when a motor vehicle accident occurs the people involved may have questions about what to do next. Most people have come in concerns, therefore it is important to know what those concerns may be and what to do when those concerns arise. We are going to discuss a few questions that are commonly asked but those involved in a motor vehicle accident or pursuing a motor vehicle accident personal injury claim, as a car accident lawyer in Atlanta, GA, like from Andrew R. Lynch, P.C., can explain.

Who pays for bills incurred due to my injuries or my accident? This is usually in typically the at fault party’s insurance company. There are some cases in which the adult party is not insured or does not have enough insurance, this is when your insurance comes into play. This is the benefit of uninsured motorist coverage or underinsured motorist coverage on your insurance policy.

Can I file a claim against the at up party without hiring an attorney? Absolutely. While Attorneys do lighten the load they are completely optional. Personal injury attorney is also offering free consultations so if you are up for some of the claims on your own you can contact an attorney to ask questions throughout your claim.

Do I receive compensation if I am at fault? This depends solely on the evidence in your case. In many cases if you are in any way responsible for the accident you may not be compensated. This is why it is important to her both health and car insurance.

What if I do not have health insurance, do I seek treatment? Absolutely. If you were anyone you know has been involved in an accident in his life, suffer any sort of injury and seek treatment as soon as possible. This is always highly recommended no matter who is at fault. And, if you are the victim in this case chances are the airport money will be held responsible and in the end of your settlement all of your medical expenses due to the accident will be covered.

There are several other questions that one may have when they are involved in a motor vehicle accident. Contact an attorney to answer your questions as soon as possible.

Filed Under: LA Personal Injury Law Tagged With: car accident lawyer

September 23, 2020 by MatadorAdmin

Six Tips for Settling a Car Accident Claim

Personal injury cases are legal disputes that arise when a party suffers harm as a result of an act and/or incident caused by the actions of another. Often times, the responsible party pays damages to the injured person for medical bills, pain and suffering, and other ongoing expenses. Every case is different, but claims involving car accidents are, by far, the most common type of personal injury case. While personal injury cases can be formalized through the retention of an attorney, hundreds of minor personal injury claims are filed throughout the country every day. Formal personal injury claims can be determined through litigation and a court judgment or, as is much more common, through informal settlement agreements. Consequently, there are six things that an individual can do to settle a car accident claim:

1. Act Quickly. Immediately after the incident occurs, the victim should contact his/her insurance company to initiate a claim. Acting quickly ensures that the individual recalls all details about the accident accurately and promptly.

2. Keep Records. Similar to any other legal suit, an involved individual should keep a file of records regarding the car accident. This file should include any police reports, medical bills, and repair estimates.

3. Calculate Damages. Before demanding any damages, an individual must calculate the value of the claim and/or all expenses incurred as a result of the incident. When calculating expenses, an individual should include medical expenses, loss of income, disability, pain and/or suffering, and vehicle repair expenses. After computing all of the aforementioned expenses, an injured party should establish an acceptable minimum settlement figure.

4. Send a Demand Letter. After calculating an acceptable settlement figure, a victim should send a demand letter to the insurance company to inform the company of his/her demands. Typically, a party should demand at least 25% more than their minimum number as insurance companies commonly negotiate for a lower number.

5. Get Everything in Writing. Often times, oral negotiations are not sufficient to guarantee an adequate settlement, regardless of what oral agreements were made. Consequently, a settling individual should ensure that any agreed upon settlement be in writing and signed by both parties.

6. Retain Representation. Although not required, retaining a car accident lawyer, like from Brandy Austin Law Firm, PLLC, may help make the settlement process easier for the victim. For an untrained individual, negotiating with an opposing party may prove to be an unnecessary challenge. As a result, many experts recommend that injured parties retain representation to ensure their demands are adequately represented and met.

         The decision to file a lawsuit can have monumental impacts on a plaintiff’s life. Personal injury lawsuits are becoming exceedingly more common throughout the United States with nearly 400,000 cases filed each year. As a result, an interested party needs to be fully informed before pursuing any set legal reparations. While litigation is always an option, settlements provide an opportunity for parties to resolve the dispute outside of court.

Filed Under: LA Personal Injury Law Tagged With: car accident lawyer

August 20, 2020 by MatadorAdmin

What to Know About Medical Treatment Following an Accident

Car Accident Lawyer

After a car accident, the injuries can vary from minor to severe. Immediately following the wreck, it may be difficult to determine how serious your injuries are. You may be in shock, there may be a lot of adrenaline in your system and some injuries may not show symptoms until later. If you don’t feel like you’re hurt, it doesn’t mean that you aren’t.

If your injuries are serious, you could have medical bills that eventually require you to file a personal injury claim. This means it is important to have evidence as soon as possible.

Do You Have to See a Doctor After an Accident?

After an accident, you do not want to wait more than 14 days to receive medical attention. If you wait longer than that, the insurance company may find ways to argue your case. While it is still possible to file a claim if you did not see a doctor right away, it is going to be more difficult to prove. While not impossible, it is safer to see a doctor right after the accident.

In most cases, you should visit the emergency room the same day that you were in the accident. If you do not feel it is necessary, then you need to go to the doctor as soon as any other symptoms present themselves. For instance, the following conditions may not manifest with symptoms until later:

  • Internal bleeding
  • Head and neck injuries
  • Spinal injuries
  • TBIs
  • Fractures

Don’t overlook any aches and pains after a wreck. If you have headaches, swelling or numbness, go see a doctor as soon as possible. It is better to find out that it is a minor injury than to wait when it might be more serious.

What Type of Treatment Do You Need After an Accident?

There are a variety of treatments that you may need after an accident. First, you should see an emergency room doctor or your primary care physician. Keep in mind that some primary care physicians will not see car accident victims. Once diagnosed, your doctor may send you to a specialist to deal with your specific injuries.

When you see a doctor after an accident, you must keep proof of your injuries and organize all medical documentation. A lawyer will use this information to help with your case. To file a personal injury lawsuit, contact a car accident lawyer, like from Davis & Brusca, for a consultation.

Filed Under: LA Personal Injury Law Tagged With: car accident lawyer

August 16, 2020 by MatadorAdmin

Car Accidents: Who Is At Fault in Icy Conditions?

Car Accident Lawyer

It is a common understanding that accidents are more likely to happen in icy conditions. After an accident, liability is always a big question. Who was negligent? In icy conditions, the answer may be more complicated. Here is how to determine fault in winter weather.

Did Your Car Lose Control?

Most car accidents in the snow involve more than one vehicle. If you were in an accident that only involved one, you may be wondering if someone else is liable. When you lose control of your car, you are at fault. Now, there are some situations where you may be able to hold the city accountable. For instance, if you were on a road that should have been maintained, you may have a case. In a collision with another vehicle, you have to look at who caused the accident. If another person’s car swerved out of control on black ice and wrecked with yours, then he or she is responsible.

Did You Have Warning of the Weather?

You cannot control the weather, so you may be wondering how you could be responsible if your car loses control in the ice or snow. As the driver, you are responsible for how you handle the weather. For instance, if it is a cold winter day, even if you do not notice black ice on the road, you should have reason to believe that there could be black ice on the road.

You have to prepare your vehicle for snow and ice. If you are not comfortable with your ability to drive in frigid conditions, then it is up to you to choose not to drive. The law is not on your side when if your car is the one to lose control. Likewise, this means that if another car collides with yours after slipping on the ice, then the other driver is at fault, rather than the snowy conditions.

After a car accident, liability is always the question at hand. You have to prove that the other driver was negligent or that he or she caused the accident. Whether you lost control of your car or you were in a collision due to someone else losing control, the snow and ice are not a defense. The only time ice can be a defense is in rare cases where there was no reasonable way for the driver to know the road’s condition. To discuss liability, consult with a car accident lawyer, like from Hickey & Turim, SC, today.

Filed Under: LA Personal Injury Law Tagged With: car accident lawyer

August 15, 2020 by MatadorAdmin

Racing the Clock With Personal Injury Claims

Car Accident Lawyer

While you need not rush a decision to sue for sustained car accident injuries, you also should not wait too long. Most states have statutes of limitations that limit the time you have to file a personal injury claim. However, there are exceptions to these laws that you must understand as well. People often feel too rushed into filing lawsuits, and that creates a problem of not having all the information necessary for an accurate claim. Therefore, before diving into a lawsuit, consider your timeline, age and circumstance.

General Statutes

Most states place a two year limit on filing a personal injury suit. However, do not let the timeline scare you. Two years only represents the time you have to file, not the time it takes to resolve the case. Also, the timeline starts on the day of the accident.

Minor Extensions

While most adults will only have two years from the date of their accident, children get an automatic extension. Minors, or individuals under the age of 18, will have two years from the date of their 18th birthday to file a claim. Therefore, if you are in an accident at the age of 15, you have until you are 20, or five years before you need to file.

Government Entities

Unfortunately, you do not always have two years to file a claim. If you are injured while riding public transportation, then you may only have a few months to make a claim. Governmental bodies most likely restrict the timeline to avoid nuisance claims and backlog.

Extenuating Circumstances

Some situations may earn an extension because it is impossible for the victim to file a claim. For example, if an accident leaves a victim incapacitated or in a coma, the court may grant an extension. The court may also permit a family member to file on behalf of the victim in such circumstances.

Filing a personal injury claim after a car accident does mean racing the clock to some extent, but you likely have plenty of time to assess your injuries and property damage, ensuring that you file a full and accurate claim. If you are not sure when you should file, then contact an experienced car accident lawyer, like from The Law Firm of Frederick J. Brynn, P.C. Discuss your injuries and the projected recovery process. The attorney may suggest speaking with other specialists or medical professionals before putting your claim together. However, you have the final say as to when or if you file, as long as you adhere to local statutes.

Filed Under: LA Personal Injury Law Tagged With: car accident lawyer

August 15, 2020 by MatadorAdmin

What Happens When Your Accident Case Is Settled?

Car Accident Lawyer

A car accident claim can take a few months to settle. This is likely due to a disagreement of a fair settlement between you and the insurance company. Fortunately, most car accident claims are settled without a court trial. You probably have many questions about getting your money and settling your bills. Here are some general rules about what happens when your lawyer and the insurance company come to an agreement.

Settlements Are Lump Sum Payments 

If you’ve suffered significant injuries in a car accident, it can actually be to your benefit to wait to settle. You only get one chance to get money from the insurance company. Once the settlement is reached with both parties accepting the terms, the claim will be closed. If you discover more problems down the road, you won’t be able to go back and ask for more money. A personal injury lawyer can help you avoid this issue by going through your medical records thoroughly before reaching a settlement.

How Is the Check Processed? 

A settlement check usually comes to the attorney who is handling your case. It can take four to six weeks for the insurance company to send the check. The check will be made out to you and the attorney. Your attorney will deposit the check into their firm’s trust or escrow account. This is a special account is separate from the firm’s other money. The lawyer might have to use some of the money to pay medical providers or your health insurance company. In some states, if you have unpaid child support, your lawyer may be required to send settlement money to the child support agency. Any liens on the settlement need to be handled before the funds are distributed.

When Will You Get Your Funds? 

Once your attorney deals with the liens, the legal fees and costs will be taken out of the settlement. This could include expert witness fees, court fees and medical evidence fees. The attorney’s fees will also come out of the settlement before you get your money. You should receive an itemized billing when your lawyer sends the remainder of the settlement money detailing the deductions. Most lawyers will settle your case within a couple of weeks of receiving the settlement, but you should discuss the process with your lawyer.

Settling an accident claim is a complex process. Legal representation is recommended to make sure that you have an advocate on your side who understands the law. Contact a car accident lawyer, like from David & Philpot, PL.

Filed Under: LA Personal Injury Law Tagged With: car accident lawyer

November 27, 2019 by MatadorAdmin

Factors Involved in Proving Fault for a Car Accident

Personal Injury Lawyer

A car accident is bad enough, but it can really be frustrating when the other driver claims that the collision was your fault when it wasn’t. If you find yourself in this situation, there are two important things to keep in mind. First, while the other driver may be purposely lying to try to get out of responsibility for the accident, it is also possible that he or she genuinely believes that you were at fault. Second, the person who is legally at fault for the accident is not always the person who caused it. Therefore, the other driver’s claim may have some truth to it from a legal perspective.

Fortunately, the court does not rely solely on the word of either driver when making a determination of fault. Rather, it will take several different factors into consideration.

Physical Evidence

Physical evidence usually takes the form of photos or video of the accident scene. If there is footage depicting the accident itself, that could be extremely valuable to your case. However, it can also be helpful to take photos or video after the fact. Try to do this as soon as possible after the accident. Enlist the help of family or friends if you are not able to take care of it yourself.

Police Report

A police officer who responds to the scene will take a statement from you and the other driver. He or she will take both into consideration when writing the report and produce an objective account of what occurred during the accident. Police reports carry an enormous amount of weight with the court. Be sure that you provide a clear, detailed, and factual account of what happened and avoid saying anything that could be construed as an admission of guilt.

Eyewitness Reports

There may not be witnesses to the accident, but if there are, you should try to collect their testimony, or at least their contact information so you can get in touch with them later. They are neutral observers and do not have anything to gain by misrepresenting what they saw.

Drivers’ Credibility

A judge and jury will also take your credibility into consideration, as well as that of the other driver. In other words, each individual will make a personal assessment of both you and the other driver to decide who is more trustworthy and which story seems more believable.

It’s understandable to feel angry when someone accuses you of being at fault for a car accident. However, try to channel that negative emotion in constructive ways. One of our attorneys may be able to help you prepare and present your case.

Filed Under: LA Personal Injury Law Tagged With: car accident lawyer

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