Friday, September 7, 2007

Personal Injury Claims - Don't Be A Fool

Many people suffer personal injury at some point in their lives. They may experience a vehicular accident, slip and fall, get hurt on someone elses property, or have a claim for medical malpractice. If another party is liable for the personal injury suffered, one can explore settlement options with the insurance company or, if push comes to shove, file a lawsuit.

When people are at this juncture, I highly recommend contacting an experienced attorney rather than attempting to negotiate with the insurance company on their own. People think saving that attorney fee is a smart thing to do. The general public who are savvy enough to attempt negotiations usually know just enough to be dangerous. They may even think okay, Ill start this and if I dont do well on my own, THEN Ill contact an attorney. This is a mistake, for several reasons. A statute of limitations may pass. They may attempt settlement in an amount that is too high or too low, or even too soon. When an attorney is finally contacted, its either too late, or there is so much damage control necessary they may not be interested in the case.

Even an attorney who represents himself is deemed a fool.

If you have suffered a personal injury, contact an attorney as soon as possible. Your attorney will be able to guide you through the steps, and explain what should happen and when. Leave your potential recovery in the hands of someone experienced in these matters a personal injury attorney.

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What You Can Expect From An Insurance Settlement

What Kinds of Compensation Can You Receive?

If you have been injured in an accident, you have rights. You have the right to recover money damages. However, what you are entitled to varies from state to state. I will address Nevada law since that is where I practice. However, I will also comment on issues that you need to identify within your own state. You are entitled to recover from the person who hurt you for all of your losses. You are entitled to be made whole. This general rule has been altered in states where there is no-fault insuance or where there are recovery caps on damages. Otherwise, here are some of the kinds damages you are entitled to:

Repair or replacement of your damaged property, including the car and other personal property
Loss of past and future wages and earning capacity
Payment of medical bills relating to your treatment from injuries sustained in the accident, including anticipated future medical expenses
Compensation for your pain and suffering, mental and physicalpast, present and future.

It is very important you know the value of these things and your potential for recovery before settling with the insurance company.

How Much Are My Damages Worth? There are different ways of valuing your case. Your case is worth (1) what you are willing to be paid, (2) what the insurance company is willing to pay, or (3) what an arbitrator, judge or jury says it is worth. Attorneys and insurance companies keep track of these figures, and there are even books and databases that contain this information.

There are several ways of convincing an insurance company, judge or jury what your case is worth. The main thing is to provide documentation of all of the losses you have sustained. You have to document ALL of your losses in order to prove your case to the insurance company. After all, they are not in the business of handing out money. You have to prove your case.

Often, you will think your case is worth more than what the insurance company is willing to pay. Hiring an attorney with legal expertise will help you put a fair value on your case. Without professional help, you can research the value of your case in a library or on the Internet. These methods will not be as valuable as hiring your own professional.

How Do I Recover Money? Typically, in order for you to recover money from the insurance company, you must suffer injury or sustain damages that caused by the negligence of a person or business that is a client of that insurance company.

When Will I be Paid? Most of the time, you will not be paid the money until long after the accident, after you have finished treating for your injuries, your prognosis is known, and after the insurance company has had a lot of time to evaluate your all of the available evidence: the police report, witness statements, recorded statements of you and the other driver, the medical records and bills, and wage loss information. Usually it will take 6 to 9 months before you see a recovery.

You do not have to accept the first offer the insurance company makes you. You have the right to make counter-offers if you do not feel their offer is fair. Many people seek professional advice from an experienced attorney regarding this decision.

Once you agree on a figure, you sign documents releasing the adverse driver, their family and insurance company from any future obligation to pay.

Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultation. He has a bilingual office staff (Spanish) and he speaks Italian fluently.

For more information about this article or the services he offers, call direct 702.228.4777 or toll-free 1-866-LAW-4HIRE, or visit www.craigperry.com

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What is Considered a Catastrophic Injury?

A catastrophic injury is one which is devastating and usually permanent in nature causing you life-altering consequences. They have a severe impact on not only your life, but the lives of your family and friends as well. These types of injuries usually occur abruptly with no warning. Any injuries or conditions that cause impairment of at least one vital bodily function or a permanent loss of earning capacity are considered catastrophic. They include injuries such as the following.

Accidental partial or total amputation
Brain injury
Loss of vision
Multiple fractures
Severe burns
Spinal cord injury
Other neurological disorders

Injuries categorized as catastrophic cause enormous disruption or impairment to one or more physical systems including the muscular, neurological, and/or skeletal systems of your body.

Catastrophic injuries can be a consequence of careless human errors or other neglectful behavior, oversights, and/or deliberate misconduct by your heath care provider or physician or other person in a position of trust. They can also occur due to the following types of accidents:

auto-pedestrian
aviation
big rig
car
construction
industrial
nautical and/or
job-related.

Injuries of a catastrophic nature may also be caused by:

assaults
batteries
civil rights violations
environmental disasters
exposure to toxic substances and/or
faulty products.

Catastrophic injures are more often than not permanent life-altering injuries, the consequences of which you and your family will need to account for the rest of your life.

For more information about catastrophic injury and other types of personal injury law, please visit the link listed below.

Please click here for more information about catastrophic injury law in the Orlando, Florida.

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