Life is stressful enough just living from day-to-day, but when you have suffered an injury because of another person, the stress and interruption to your life can be unbearable. The financial challenges following an injurious event can be devastating. To make matters worse, the insurance industry has learned through years of research that they make lots of money fighting you on every aspect of your claim. After all, the less they pay out, the more they keep.
I fight for my clients to even the playing field and to hold them accountable. I will fight with resolve to maximize your results to help you obtain accountability and justice.
What Exactly Is A Personal Injury Claim?
A personal injury claim occurs when you suffer a harm or a loss because of someone else’s negligence. Unlike lawsuits which are legal actions filed in court, claims are legal demands or requests for compensation made to an insurance company. Personal injury claims can rise to the level of a lawsuit if the claim does not settle before a lawsuit is filed.
Wrongful death cases fall under the umbrella of personal injury claims with the only difference being who files the claim. In wrongful death cases, the claim is based on the fact that the negligence caused someone to die, and is filed in the name of the estate.
How Is Negligence Proven In A Personal Injury Case?
Negligence is proven when it can be shown that the person who caused the harm acted in a way that violated that person’s duty of care.
For example, you have a duty of care when you're driving to protect yourself and other drivers or pedestrians. Your duty of care when driving is to not slam into the rear of the car in front of you, pay attention, be alert to your surroundings, and other basic precautions. Therefore, if you look down at your phone then slam into the car in front of you, you’ve violated your duty of care and are negligent.
For Optimal Case Results, What Should Someone Do After Suffering An Injury As A Result Of Negligence?
After an accident or injury, the best thing a victim of negligence can do is secure evidence of what happened, such as taking photographs of the collision scene, getting the names and contact information of the other parties involved, and names and contact information of witnesses. It is also crucial to seek medical assistance to diagnose and treat your injuries. Your medical records and the testimony of your medical providers will provide the evidence of your personal injuries.
What Factors Determine If A Personally Injury Claim Is Viable?
The burden of proof is on the person making the claim. For a personal injury claim to be successful, you must prove the other person was negligent and that their negligence caused you to suffer injuries and damages. The injuries or damages should be substantial enough to cover the cost of a lawsuit.
When it comes to injuries in automobile collisions, negligence can often be simply determined by the where or how the cars collided. For example, if you are rear ended, it is highly likely the other driver was negligent.
However, in medical malpractice cases, the determination of negligence is complicated, and requires expert testimony to determine whether or not there was negligence. Just because something went wrong, does not necessarily mean there is a medical malpractice claim. Finally, there must a determination that the injuries and damages are substantial enough to cover the high cost of bringing a medical malpractice case. Skilled attorneys are able to use their experience as well as the expertise of medical practitioners to build a solid claim.
When Pursuing A Claim After An Injury, What Information Is Critical To Share With A Personal Injury Attorney?
When it comes to consultations with personal injury attorneys, be truthful and do not withhold information or lie because it will negatively affect your case. The truth has a way of coming out and if you lie or withhold information from your attorney, it makes it impossible to have a successful claim once the information is discovered.
If you were in an auto collision and you had prior back injuries or back pain, your lawyer needs to know that right away because it's going to be revealed through the discovery process in litigation.
If you injured yourself in a collision and after treating for that for six months, you get in another collision, your lawyer must be informed.
Communication with your lawyer is privileged; no one else can find out about it. Be honest with your lawyer about everything from previous accidents and injuries to drug usage. This open line of communication and transparency can help your attorney build your case successfully.
With the guidance of a skilled attorney for Personal Injury Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
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