Frequently Asked Questions about Personal Injury Cases

Published on: 19 January 2021 Last Updated on: 24 December 2024

If you are injured in an accident – car accident, workplace accident, assault, or medical malpractice – you likely have many questions. That is perfectly natural and understandable. The best way to get answers is to contact a personal injury lawyer who can help you based on the details of your situation.

In the meantime, we offer some answers to the most frequently asked questions about personal injury cases. We hope you will gain some insight to help you begin the process of filing a personal injury claim and getting the compensation that you deserve.

Frequently Asked Questions about Personal Injury Cases

Q: What is a personal injury?

A personal injury occurs when someone’s negligent or reckless behavior causes harm to someone else. Some examples of personal injury cases include:

Car accidents
Medical malpractice
Slip and fall accidents
Product liability
Workplace injuries
Birth injuries
Wrongful death

You need to understand that if you are fighting a personal injury case of a specific nature, it is always best that you get experts that have experience in that field. In other words, you should look to work with and hire specialists rather than generalists. To understand this better click on more info.

Q: How do I know if I have a case?

The only way to find out if you have an actionable personal injury case is to speak with an attorney. A personal injury attorney will evaluate the details of your situation and let you know if you have a case, and if so, how to proceed.

Q: How much is my case worth?

The “value” of your claim, or how much your case is worth, depends on a variety of factors. These factors include:

The circumstances surrounding the accident
The severity of your injuries
Limits on insurance coverage
Medical expenses
Estimated future medical expenses
Lost wages or earning capacity
Pain and suffering
Loss of consortium

Once these factors are taken into consideration, you can obtain an estimate of your case’s value. Remember that an estimate is not a guarantee.

Q: What types of compensation can I get through a personal injury claim?

Plaintiffs (the person filing a personal injury claim) may be able to obtain several different types of compensation, depending on their case. Most often, personal injury claims seek compensation for:

Current medical bills
Anticipated future medical bills
Loss of income
Pain and suffering
Mental anguish
Loss of consortium
Punitive damages

These are somewhat broad examples of the types of damages that you may be able to pursue in a personal injury claim. The types of damages relative to your case will depend on the facts of your case.

Q: Do I need an attorney to file a personal injury claim?

Legally speaking, you do not have to hire an attorney to help you file a lawsuit. However, it is highly recommended. A personal injury attorney can benefit your case in a lot of ways. For example, these attorneys know how the system works and what all needs to happen in order for you to obtain a settlement or verdict. Also, if legal snags hold up your case in the court system, an attorney can help sort things out and get your case moving again.

Another benefit of working with an attorney is that attorneys are skilled negotiators. If the other party (defendant) offers you a settlement that is low or unreasonable, an attorney can negotiate on your behalf to ensure that you get maximum compensation.

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Steps to Take After Being Involved in a Ridesharing Accident

Ridesharing is revolutionizing the way people get from point A to point B. Whether it's just to have a safe ride home after a night of drinking or a great alternative to purchasing your own vehicle, ridesharing is gaining in popularity. With more people getting rides than ever before, more car accidents are involving ridesharing vehicles. Understanding what to do if you're involved in a ridesharing accident can help to ensure that you get the compensation you deserve for the injuries that you sustained. Check For Injuries And Call The Police The first steps that you want to take after being involved in any sort of car accident are to check for injuries and call the police. You should start by checking yourself and other passengers. Then, check the other parties involved to see if they have any injuries. If anyone has severe injuries, you should be contacting emergency medical assistance immediately. If you have slight injuries, it's still a good idea to get them checked out by a medical professional at the accident scene. This way, your injuries are documented right from the start. Once everyone is checked for injuries, it's time to call the police. The officer will be responsible for creating an accident report. While you may not think that a report matters since it's not your vehicle that was involved, think again. Any ridesharing accident lawyer will tell you that having access to the accident report is a vital part of your claims case. Even if the drivers involved don't want to contact the police, you should do so yourself to ensure your future safety is looked after. Take Pictures And Collect Information West Coast Trial Lawyers will advise you to take pictures to document the scene. While you may have no stake in the property that was damaged, you should still have photo evidence of it. This can come back into play later when determining who was at fault for the injury. This way, your Uber accident attorney knows who to go after to seek compensation for the injuries that you sustained. Talk with witnesses and gather their contact information. Witnesses tend to leave the scene of the accident once an officer arrives. Therefore, speaking with them before the police arrive can ensure that you get the information you need before they leave. The more witnesses you have, the better chance your ridesharing accident lawyer will have at proving your case for injury compensation. You'll also want to get the information about the people involved in the accident. Start by collecting the contact and insurance information of your ridesharing driver. Then, get the same information from the other parties involved. If the other driver had passengers with them, then get their information to. Be sure to write down or take pictures of the license plates of the vehicles that were involved. Understand What Insurance Pays For Your Injuries One of the most confusing parts of being involved in a ridesharing accident is understanding what the insurance company pays for the damages and injuries that were a result of the accident. Does Uber's insurance cover the problems or does the Uber driver's personal insurance cover your injuries? Let's take a look at the different scenarios below. Hit By A Ridesharing Driver If you're in a vehicle accident that is determined to be the fault of the other driver who was in a ridesharing vehicle, the other driver's insurance is responsible for paying for your injuries. Keep in mind that each driver's insurance policy will have coverage limitations. If your compensation amount is above the coverage limit for the ridesharing driver's personal insurance, the ridesharing company's insurance will cover the excess if the driver was working at the time of the accident. Your Ridesharing Driver Is At Fault For Your Injuries When the ridesharing driver that you're riding with is determined to be at fault for your injuries, their personal insurance will cover your compensation. In the event that your compensation amount is over what the driver's personal insurance will cover, the ridesharing company will cover the excess if the driver was working at the time of the accident. What Is Considered Working By Rideshare Companies? West Coast Trial Lawyers will inform you that the ridesharing company will only pay if the driver was determined to be working. If the driver was not determined to be working at the time of the accident, the ridesharing company's insurance will not cover the excess of the compensation you get. Rather, you'll have to go after the driver of the vehicle personally for anything their insurance won't cover. Ridesharing companies like Uber and Lift have their own technology that allows them to communicate with their drivers. Drivers are required to update their status on their mobile device to tell the company what they're doing. As long as the ridesharing driver was logged into their application, the ridesharing company's insurance policy will kick in. However, there are some restrictions to their coverage limits. If the driver is logged into their application but has a status of waiting for a ride request, the ridesharing company's insurance has limited coverage. For Uber specifically, the limited liability coverage is 25,000 dollars for property damage and 50,000 dollars per injury up to a 100,000 dollar limit. In most events, a combination of the driver's personal insurance and the ridesharing company's insurance will take care of the compensation for your injuries. However, if they don't, your Uber accident attorney will take up suit against the ridesharing driver personally for the excess. In cases where the ridesharing driver has a status of being in route to pick up their passenger, then the ridesharing company's full insurance policy kicks in. Both Uber and Lift have a 1,000,000 dollar personal injury insurance policy. Remember that this policy kicks in after the driver's personal policy reach its coverage limits. Why Contacting A Lawyer Is So Important As you've found out above, there are many things to consider when you're involved in a ridesharing accident. Navigating the legal waters and determining what insurance policy or policies will be paying for your injury compensation can be difficult. Employing a ridesharing lawyer to help you along the way will ensure that you get the compensation that you need for your injuries. Your lawyer will be able to collect the necessary evidence from the ridesharing application to determine what insurance is covering the accident. They'll be able to take up suit against those companies and assist you in determining a proper amount of compensation for the injuries that you sustained from the accident. Most importantly, a lawyer will be able to do all the heavy lifting with your claims case so that you can physically and mentally worry about getting better. You don't want to be dealing with lawyers, insurance companies, and educating yourself on laws when you're injured. Being involved in a ridesharing accident may not be something that you've thought about before. However, since ridesharing is becoming more popular, you should be prepared with what you should do in the event that you find yourself involved in one. The above steps will help you to figure out how to proceed after an accident occurs. Read Also: Expert Advice: 5 Crucial Things To Do Immediately After An Automobile Accident 5 Types Of Damages You Can Claim After A Car Accident What To Do When You’re Involved In A Car Accident In Albany

7 Approaches to Adopt to find the Best Solution after a Cycling Accident

It’s scary when a bike crashes into a car or a car into a bike. Fortunately, there’s something you can do about it. If you’re riding a bike, however, it’s important that you know how to deal with the situation after the crash. What you do after the incident may have a huge effect on your recovery from damages and injuries to your bike and to yourself. Moreover, it may also impact the result of any lawsuits. Below are the things you need to do to access the best resolution after a cycling accident. 7 Approaches to Adopt to find the Best Solution after a Cycling Accident: 1. Wait for the authorities to arrive: Right after the accident, you should wait for the police to arrive first so they can work on writing a police report, even if you think you are unharmed. Not a lot of people actually realize they’ve been injured until a few hours after the accident. Some people attain minor injuries, but these could develop into a much serious problem later on. And if you choose to let the whole thing go and leave the accident scene, you will lose the chance of identifying the at-fault driver or the person involved in the accident. While waiting for the police to arrive, never attempt to negotiate with the driver. Most people would apologize and accept blame, but you’ll never know what they’re capable of when suddenly faced with an impending lawsuit. Some drivers would later deny their negligence and even deny they were involved at all. Always wait for the police to come so everything gets documented in their police report. Also, the police can ticket the driver, which is very useful in the future when you’re starting to settle the case with your insurance company. 2. Relay your version of what happened into the accident report: Some police officers end up talking to the motorist to get a statement of what happened and not bother talking to the cyclist. Given this tendency, you must do everything you can so you can get your version out and recorded into the accident report. Your injuries may be very little or minor, but make sure they are recorded. For all you know, those minor injuries may later develop into something more serious. Should it happen that the officer in charge of the accident scene refuses to include your statement in the police report, have the report amended later. 3. Get driver and witness details: Remember to get the name of the driver who is at fault, driver’s license number, phone number, address, insurance details, and vehicle license number. You should also get the names and contact information of people who have seen the accident. Don’t rely on the police alone to get this information for you because they may fail to do so. If in case you have acquired serious injuries and cannot get the necessary details, ask a witness or a bystander to help you out. 4. Document the accident: If it’s possible, remember even the tiniest details of the accident. Take note of what happened, how the whole thing transpired, and where the location of the accident is. Additionally, document the weather, traffic, and road conditions. It would help you greatly if you can write all of these down. 5. Document your injuries: If you’re hurt, request for medical attention immediately. Even if the injuries are minor, you should always get help from first aid responders as this can help prove that you were in fact injured. This will be included in your medical records including the extent of your injuries. Also, see to it that the areas injured are photographed as soon as the accident took place. After the accident, you can also record in a journal what and how you’re feeling as well. 6. Preserve evidence: Never touch the state of your bike and other things nearby and on the accident area itself. Do not try and fix anything before the police arrive. Do not wash your clothes, and do not let anyone touch your helmet or bike before documentation takes place. Take photos of yourself and damaged equipment and send them to nobody else but your attorney. 7. Turn to a professional for advice: Expect complex legal issues after the accident. For this reason, you will need a bike accident attorney who understands this type of accidents. An attorney can: Represent you in a lawsuit Negotiate with the respective insurance companies, and Advice you on the next steps to undertake. Before communicating with anybody else, especially your insurance company, talk to your attorney first. Remember that whatever you said right after the accident can be used against you later on. Sometimes, all it takes is a letter from a law firm to the insurance company in order to resolve issues. Your attorney can also help you settle your injury case without having to go to trial. What Not to Do After a Cycling Accident: In the event of a crash, the person who has caused the crash is liable to pay you for damage through his insurance provider. This compensation would not just be restricted to medical fees, but also for destruction to property. However, this won’t be possible if you fail to document the damages. You can’t get a claim simply because there is no evidence. To get the best possible evidence, do nothing until everything is recorded and documented. Seeking help from a qualified and certified attorney can help you take these steps. If it is not possible for you to wait until all your equipment is fixed, make sure to take a record of all the damage that has been done thoroughly before starting to tinker with it. Your photos should be taken from multiple angles in order to prove before a court of law or an attorney, or the insurance agencies about the damages if it’s necessary. Talk to an Expert Today: You can always rely on Murphy's Law Cycling Accidents Brisbane to help you navigate the challenging legal issues that happen after the accident. An initial round of discussion with them is confidential and free. Professionals who deal with such cases or have prior experience of them can help you with what you should do, and what you should avoid doing that will compromise your situation. The team’s accident lawyers will look after the administrative process and will help you gather the necessary evidence. Call now for a free case assessment. Read Also: Things About A Personal Injury Lawyer Along For The Ride: Passenger Rights In Vehicle Accidents

How to Handle a Denied Truck Accident Claim

Facing the aftermath of a truck accident can be an overwhelming experience, especially if your insurance claim has been denied. Understanding the steps to take following such a denial is crucial for protecting your rights and ensuring you receive the compensation you deserve. Understanding Your Claim Denial When an insurance company denies your truck accident claim, it's essential to understand the reasons behind this decision. Common reasons for denial include disputes over liability, lack of evidence, or policy exclusions. It's crucial to review the denial letter carefully and note any specific reasons provided. Gathering Additional Evidence After understanding the reasons for the denial, the next step is to gather additional evidence that supports your claim. This may include police reports, witness statements, medical records, and any photos or videos of the accident scene. Such evidence can be pivotal in challenging the insurance company's decision. Reviewing Your Insurance Policy It's also important to review your insurance policy in detail. Understanding the coverage, limits, and any exclusions can provide insight into why your claim was denied and how to address the issue. Filing an Appeal If you believe your claim was unjustly denied, filing an appeal is your next step. This involves submitting a formal letter to the insurance company, outlining why you believe the denial was incorrect, and providing additional evidence to support your claim. Understanding the Appeals Process The appeals process can be complex and time-consuming. It's crucial to adhere to all deadlines and requirements specified by your insurance company. Being organized and thorough in your appeal can increase your chances of a successful outcome. Seeking Legal Assistance Navigating the appeals process can be daunting, especially while recovering from an accident. Contacting a Gainesville Truck Accident Attorney from Meldon Law can provide you with the expertise and support needed to challenge the denial effectively. Legal Action After a Denied Claim If your appeal is unsuccessful, taking legal action may be necessary to pursue the compensation you deserve. Filing a lawsuit against the insurance company or the party at fault for the accident can be a complex process that requires a deep understanding of personal injury and insurance law. Understanding Your Legal Options A qualified attorney can help you understand your legal options and the best course of action based on the specifics of your case. They can also represent you in court, if necessary, and work tirelessly to secure a favorable outcome. The Importance of Timely Action It's important to act quickly after a claim denial. There are statutes of limitations that limit the time frame within which you can file a lawsuit. Consulting with an attorney as soon as possible can ensure you don't miss any critical deadlines. Preventing Future Claim Denials To prevent future claim denials, it's essential to understand the common pitfalls in the claims process and how to avoid them. Ensuring prompt and accurate reporting of the accident, thoroughly documenting your damages and injuries, and adhering to your policy's requirements can mitigate the risk of a denial. Staying Informed About Your Policy Regularly reviewing your insurance policy and staying informed about any changes or updates can also help prevent misunderstandings and ensure you have the coverage you need. The Role of Legal Representation Having legal representation, especially in complex truck accident cases, can provide you with an advantage. An attorney can help ensure your claim is filed correctly and advocate on your behalf throughout the process. What are the general reasons For Truck Accident Claim Denials? Did you know there might be several reasons the truck accident claims were denied? Below are the reasons why the truck accident claim was denied. 1) Lack Of Sufficient Evidence One of the most common reasons for truck accident claims being denied was because there was inadequate evidence. Insurance companies require documentation such as medical reports, police reports, and witness statements toto evaluate claim validity. They need to compile the accident evidence to deny or refuse your claim. 2) Missed Deadlines If you fail to file the insurance claim, this can result in denied insurance. It is also crucial to be aware of and adhere to such deadlines to avoid unnecessary complexities. 3) Disputes Over Liability Insurance companies might dispute liability, especially in cases where the fault is unclear. Furthermore, if the insurance company believes you have shared some responsibility for the truck accident, they might refuse or reduce the claim’s importance. 4) Inadequate Coverage If the fault party of the insurance policy doesn’t have sufficient coverage to compensate for your insurance losses, this would lead to the denied claim. In this case, your insurance policy might come into play. But this can still be a complicated procedure. 5) Policy Exclusions Some insurance policies have exclusions. This might not cover such specific accidents or even damages. This is essential to review your policy and understand the limitations. What are the things you must understand about truck accident claims? Before looking into why your truck accident claim might get denied, this is most important to understand how truck accident claims work. Here are the things that you must know regarding the truck accident claims. 1) Medical Expenses Did you know that medical expenses refer to the costs for diagnosing, rehabilitating, and treating injuries sustained in any accident? These expenses include doctor’s visits, surgeries, prescription medications, etc. In the context of personal truck injury, this will result in several things, such as accidents, medical expenses, car repair expenses, etc. 2) Pain and Suffering Have you heard about pain and suffering, which describe the emotional and physical distress experienced by the individual? This will result in an accident, injury, or other harmful events. This encompasses both the emotional and physical trauma endured due to the truck accident. Pain and suffering damages are less straightforward than medical expenses or lost wages. But they are crucial in personal injury claims. 3) Lost Wages Did you know that lost wages refer to the income that an individual can’t earn due to illness, injury, or other circumstances that will prevent them from further working? If someone sustains an injury in any accident, they might miss work days or experience a reduced capacity to hold the job. This will result in the loss of income. 4) Property Damage Another thing that needs to be kept in mind is property damage. This will cause you personal property damage due to an accident, natural disaster, or other adverse events. Furthermore, this will also damage vehicles, personal belongings, or other assets. Conclusion Dealing with a denied truck accident claim can be frustrating and disheartening, but it's important to remember that you have options. By understanding the reasons for the denial, appealing the decision, and possibly pursuing legal action, you can fight for the compensation you deserve. Remember, contact a Gainesville Truck Accident Attorney from Meldon Law when you are in need of guidance and support needed to navigate this challenging process. Read Also: Calculating Damages In Truck Accident Claims: Evaluating Medical Expenses, Lost Wages, And Pain And Suffering When Health Meets The Law: Coping With Truck Accident Injuries Truck Accidents: Determining Fault By Location Of Damage

Frequently Asked Questions about Personal Injury Cases

Frequently Asked Questions about Personal Injury Cases

Q: What is a personal injury?

Q: How do I know if I have a case?

Q: How much is my case worth?

Q: What types of compensation can I get through a personal injury claim?

Q: Do I need an attorney to file a personal injury claim?

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Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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Steps to Take After Being Involved in a Ridesharing Accident

7 Approaches to Adopt to find the Best Solution after a Cycling Accident

How to Handle a Denied Truck Accident Claim

Frequently Asked Questions about Personal Injury Cases

Frequently Asked Questions about Personal Injury Cases

Q: What is a personal injury?

Q: How do I know if I have a case?

Q: How much is my case worth?

Q: What types of compensation can I get through a personal injury claim?

Q: Do I need an attorney to file a personal injury claim?

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Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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