Personal Injury FAQs

December 31, 2024 Personal injury No Comments

This Blog was brought to you by the Carabin Shaw Law Firm – Personal Injury Lawyers Corpus Christi

Personal Injury FAQs

What is Personal Injury Law?

Personal injury law is that area of law that deals with injuries to a person’s body or emotions as opposed to injuries to their property. Common causes of personal injury claims are auto accidents, construction accidents, dog bites and attacks, drowning accidents, slip and fall accidents, workplace accidents, injuries on other peoples’ property, railroad accidents, bus accidents, and nursing home abuse, to name a few. More about our personal Injury Attorneys Corpus Christi here
Can I agree to an insurance settlement before I’m finished getting medical treatments?
NO! Do not sign anything. Insurance companies may appear to be helpful and eager to give you a “healthy” settlement, but beware. Insurance companies are in business to make money. They do not have your best interests in mind. Instead, they are looking to settle a case before expenses get too high and their costs become more than they willingly want to provide. Speak with a personal injury lawyer before signing any offers or other documentation provided by an insurance company. Depending on the nature of the accident that caused your injuries, you may be entitled to much more than they led you to believe. More about our Corpus Christi Personal Injury Lawyers here

How do I know if I have a personal injury case?

The best thing you can do for yourself is become informed and educated about your rights. There are laws for almost every type of activity, accident and resulting injuries and damages. By seeking legal counsel, you have an opportunity to discuss your particular situation in depth. A knowledgeable attorney will be able to provide insight into the options you may have. Exercising your rights is a personal choice. It’s up to you to decide whether to take legal action or not. Our Law Office is here for you. We provide assistance with filing a claim on your behalf. If you’ve been injured, it’s better to start the legal process before becoming overwhelmed with treatments. Your focus should be on recovery while we work on your behalf to get the compensation you deserve.

What does strict liability mean?

Strict liability is a term that refers to the accountability that is placed on companies or persons for certain activities or products that harm others. Strict liability means that those companies and persons will be responsible even if it can’t be proven that they acted negligently, and this is important to protect the community from dangerous products or activities. More on this Web-Site
Strict product liability was created to hold merchants responsible for selling abnormally dangerous products that cause harm to consumers. This law mostly applies to designers, manufacturers, wholesalers and retailers, and those who sell products casually at a garage sale will not be held to the same standard of liability.

What is a statute of limitations and does it apply to me?

A statute of limitations is the limited amount of time that one has to file a personal injury claim. Statutes of limitations vary from state to state, and they apply to personal injury claims, medical malpractice claims, and wrongful death cases. If you were injured as a result of someone else’s negligence, you should begin the claims process as soon as possible before you lose your right to file a claim permanently, thus resulting in thousands of dollars lost in compensation.

How does the “assumption of risk” doctrine apply to my case?

If you have been injured in an accident because you knowingly and voluntarily assumed the risk that was inherent in a particular action, you are not allowed to sue the other person for negligence. This law was created to protect people who play competitive sports that may cause injury during play and to protect people from the reckless actions of others.

For example, if you are playing football and you are tackled and get a concussion, you are not allowed to sue the person who tackled you because you assumed that risk by choosing to play the sport. When the assumption of risk doctrine is in effect, there is no longer a duty of care running from the defendant to the plaintiff. This doctrine is commonly used in cases of injuries that were caused during risky recreational activities such as scuba diving, paragliding, and snowboarding.

How much time do I have to file a personal injury claim?<.h3>
All lawsuits abide by “statute of limitations” guidelines and personal injury cases generally fall into a two-year provision in the state of Texas. Depending on the nature of the situation causing your injuries, a lawsuit must be properly filed with the courts within two years from the date of the incident. Some situations may be categorized under different terms and time constraints may adjust accordingly. Getting a thorough assessment from an attorney is best done as soon after the incident as possible.

What are non-economic damages?

When someone is injured in an accident, they may very well be entitled to non-economic damages. Non-economic damages refer to the pain and suffering experienced by the victim. This pain may be emotional or physical depending on the facts surrounding the case. For example, if a person lost their leg in an auto accident, they most likely have suffered both physical pain and emotional suffering as a result of losing their leg. Another example of physical pain and emotional suffering is when a small child suffered permanent facial scarring and disfigurement as a result of a vicious dog attack on their face. They could be expected to experience serious emotional suffering throughout their life as a result of having a completely disfigured face. This would also affect their ability to obtain employment and develop interpersonal relationships for the extent of their lifetime.

What types of economic damages are included in personal injury claims?

Economic damages refer to damages that have cost the person money. In an accident, common economic damages include ambulance bills, medical bills, rehabilitation costs, lost income and loss of future income. Economic damages may include property damage to one’s car in an auto accident and other monetary losses that have been incurred resulting from the accident itself.

How is lost income calculated?

Every accident claim is unique due to the fact that injuries vary widely. When a settlement is being negotiated, your attorney will estimate the anticipated amount of lost income that you are likely to suffer. For example, if a perfectly healthy adult becomes paralyzed from the neck down in an auto accident, then they will be unable to work for the rest of their life. In such a case the lost income would be rather substantial and possibly in the millions. On the other hand if someone was unable to work for three months following an accident, their lost income would be calculated around three months versus an entire lifetime of anticipated lost income.

What happens during a deposition?

If you have filed a personal injury lawsuit against someone who was responsible for causing you harm, that person’s attorney will probably “depose” you or take your deposition. During the deposition process, the defendant’s attorney will ask you questions about your accident and record the answers that you provide. This information, which you will give under oath, can be used later in court to compare your court testimony to your deposition and to uncover inconsistencies in your story. It is wise to have an attorney on your side before you enter into a deposition, as this can have a significant impact on your case.

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Personal Injury Law – Car Accident Attorneys

December 15, 2024 car accident lawyers No Comments

This Blog Was Brought to You By J.A. Davis & Associates, LLP – Personal Injury Lawyers McAllen

Personal Injury Law – Car Accident Attorneys

If you or somebody you love has been hurt in an automobile accident, you might be eligible for compensation for your injuries, medical costs, pain and suffering, wage loss, together with other general damages. After a car crash, you might think you know who caused it. When you have been in a severe car crash, contact us today! A person who is hurt in a car accident can employ legal counsel who will negotiate with the other drivers to pinpoint who should cover the damage, and if needed, the lawyer will file a lawsuit. Every car crash on the road usually involves injuries and damages, even for people who ride, so it’s always a good idea to seek the services of a knowledgeable and skilled attorney. More about Car Accident Lawyers McAllen here
An auto accident attorney is only a phone call away. As an example, your car collision attorney should be well-versed in state and national transportation laws, understand how to take care of insurance and wellness care businesses, and understand how to effectively prepare and settle a situation. No matter how serious a collision is, you should talk to an automobile crash lawyer. Your car crash lawyer will examine these parts and gather critical details on how the accident occurred. You’re going to be pleased to know our brilliant automobile crash attorneys are members of one of the nation’s best automobile crash attorneys law firms. You can be fairly compensated if you employ a skilled and practiced automobile incident lawyer. Should you be trying to find the very best car crash attorney, you can get in touch with our firm now for a completely free consultation.

A Startling Fact about Car Accident Law Firm Uncovered

Many don’t understand that when there’s been an incident, the insurance provider kicks into high gear and goes to the website to immediately begin an investigation. There are various kinds of automobile accidents. When you have been hurt in an auto accident on a highway, you want an experienced personal injury attorney to assist you in recovering full and reasonable compensation for many of your losses.

In case you were hurt in a truck incident, we will fight to get you the utmost compensation for your injuries. Car and truck accidents form the bulk of private injury cases in the American court system. Whenever someone is in their very first car crash, they could be not certain of how to pursue compensation from those who resulted in the crash.

When you have been in an auto crash, your health is of extreme importance. Get in touch with us today in the event that you’ve been injured due to a car crash to make certain that you receive all the compensation to which you are eligible.

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The Process of Filing a Personal Injury Claim After a Car Accident

August 21, 2024 car accident lawyers No Comments

The Process of Filing a Personal Injury Claim After a Car Accident

After a car accident, you might feel overwhelmed by the chaos, but knowing how to file a personal injury claim can significantly impact your recovery. You’ll want to start by assessing the accident scene and gathering crucial information. Next, documenting your injuries and seeking medical attention is vital. But there’s more to it than just these initial steps. Understanding how to navigate the evidence collection and insurance negotiations can be complex, and missing even one detail could affect your compensation. So, what comes next in this process? More about our Car Accident Lawyer here

Assessing the Accident Scene

When you arrive at the accident scene, your first step is to ensure everyone’s safety and assess the immediate situation. Check for injuries among the people involved, including yourself. If anyone appears hurt, call emergency services right away.

Your priority is to make sure no one’s in further danger, so if vehicles are still in a precarious position, try to move them if it’s safe to do so.

Next, observe the surroundings. Look for any hazards like leaking fuel or broken glass that could pose a risk. If you’ve got a flashlight, use it to illuminate dark areas. Make a mental note of the layout, including the location of vehicles and debris. This information can be crucial later on. Got Injured In An Accident – CALL SHAW

After ensuring safety, if possible, gather basic information from the other parties involved. Exchange names, contact details, and insurance information. If there are witnesses, ask for their accounts too.

This initial assessment lays the groundwork for everything that follows, so take your time and be thorough. By doing this, you’ll help ensure that you have the necessary details for any future claims or legal actions.

Documenting Your Injuries

Documenting your injuries promptly is crucial for building a solid personal injury claim after a car accident. Start by seeking medical attention immediately, even if your injuries seem minor. A healthcare professional can identify and treat injuries you mightn’t notice right away, like concussions or internal injuries. Make sure to keep all medical records, including doctors’ notes, test results, and treatment plans.

Next, take clear photographs of your injuries. Capture various angles and stages of healing, as these visual records bolster your claim. Note the date and time of each photo, and ensure the lighting is good to highlight the injuries clearly.

Maintain a detailed journal documenting your pain levels, recovery progress, and how your injuries impact your daily life. This personal account can provide valuable insight into the physical and emotional toll of your injuries.

Gathering Evidence

Gather crucial evidence to strengthen your personal injury claim after a car accident. Start by collecting photos of the accident scene, including vehicle damage, skid marks, and any relevant road signs. These visuals help illustrate the circumstances of the incident.

Next, gather witness statements. If bystanders saw the accident, ask for their contact information and a brief account of what they observed.

Document your injuries thoroughly. Keep records of medical treatments, prescriptions, and any related expenses. This documentation will be vital in proving how the accident has impacted your life physically and financially.

Also, obtain a copy of the police report. This official document can provide an objective account of the accident.

If applicable, gather any surveillance footage from nearby cameras. Video evidence can serve as a powerful tool in establishing liability.

Finally, compile any relevant documentation, such as traffic citations issued to the other driver.

Collecting this evidence not only bolsters your claim but also demonstrates your diligence in pursuing justice. The more thorough and organized you are, the better your chances of a successful outcome in your personal injury case.

Notifying Insurance Companies

Notifying insurance companies promptly after a car accident is crucial for ensuring your claim is processed efficiently. As soon as you’re able, contact your insurance provider to report the accident. This step not only helps start the claims process but also protects your rights. Most insurance policies require you to notify them within a specific timeframe, so don’t delay.

When you reach out, be prepared with essential details. You’ll want to provide information about the accident, including the date, time, location, and the other parties involved. If you have a police report, that’ll be helpful too.

Clearly explain the circumstances surrounding the accident, focusing on how it occurred and any injuries sustained.

Filing the Claim

Filing your personal injury claim involves submitting the necessary paperwork and evidence to support your case effectively. You’ll need to gather all relevant documents, including police reports, medical records, and any photos from the accident scene.

Make sure to keep records of your medical treatments and expenses, as these will be crucial for proving your injuries and associated costs.

Next, you’ll complete the claim form provided by your insurance company. This form typically asks for details about the accident, your injuries, and the damages you’re claiming. Be thorough and accurate, as any discrepancies can delay your claim or even lead to a denial.

Once you’ve filled out the form, you’ll submit it along with your supporting documents. It’s wise to send everything via certified mail or another traceable method, so you have proof of submission.

After filing, be prepared to follow up with your insurance adjuster to ensure they received your claim and any additional information they might need.

Negotiating Settlement Offers

After submitting your claim, you’ll likely receive a settlement offer from your insurance company, which is often just the starting point for negotiations.

Don’t be surprised if the initial offer is lower than what you anticipated. It’s common for insurance companies to present a low figure, hoping you’ll accept it without further discussion.

To negotiate effectively, first review the offer carefully. Gather all relevant documentation, including medical bills, repair estimates, and any evidence supporting your claim. This information will bolster your position and provide a clearer picture of your damages.

Next, determine your desired settlement amount based on your expenses and losses. Be realistic but firm; you want to convey that you’re serious about receiving fair compensation. When you respond to the offer, clearly outline why you believe your proposed amount is justified.

Throughout the negotiation, stay calm and professional. Avoid emotional reactions, as they can undermine your negotiating power.

Remember that negotiation can take time, and it’s okay to counter multiple offers until you reach a satisfactory agreement.

Understanding Legal Options

You have several legal options to consider when pursuing a personal injury claim after a car accident.

First, you can file a claim with your own insurance company, which may cover medical expenses and damages depending on your policy. This is often the quickest route to getting compensation.

Alternatively, you can pursue a claim against the at-fault driver’s insurance. This option typically requires you to prove negligence on the other party’s part. You’ll need to gather evidence like police reports, medical records, and witness statements to support your case.

If negotiations with insurance companies don’t lead to a satisfactory settlement, you might consider filing a lawsuit. This involves formally bringing your case to court, where a judge or jury will determine liability and damages. Lawsuits can be time-consuming and costly, so weigh this option carefully.

Lastly, you might explore mediation or arbitration as alternatives to court. These methods can provide a quicker resolution while minimizing legal costs. Each option has its pros and cons, so it’s crucial to evaluate them based on your unique situation and consult with a legal professional if needed.

Filing a personal injury claim after a car accident can feel overwhelming, but by following these steps, you can streamline the process.

Remember to assess the scene, document your injuries, gather evidence, and notify your insurance company promptly.

Once you file your claim, be ready to negotiate for a fair settlement.

If needed, don’t hesitate to explore your legal options.

Taking these actions can help ensure you receive the compensation you deserve for your losses.

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