What are the types of physical and non-physical evidence you can produce in a personal injury claim?

Physical Evidence

This is a type of evidence that is tangible, and can be seen physically. It can be impactful because it allows the jury to actually see and observe what happened.

·         Tangible evidence like wrecked vehicles and a recovery scar are examples of physical evidence that the jury can observe to gain a sensory impression of the incident and its effects.

·         Photographs of the immediate scene of your injury, your initial injuries and your medical operations can help provide the jury with an idea of what happened and how you were affected.

Non- Physical Evidence

Non-physical evidence is a type of evidence that is factual or testimonial in nature and presented as information or testimony to the jury.

·         The police report from an accident or injury is the accepted factual, official and unbiased report about what transpired that day. It can be used particularly in cases where the defendant was issued a ticket or violation.

·         Witness testimony may help validate your claim. It is important that you obtain the witness’s contact information and statement as soon as possible after the incident.

·         Medical records of your diagnoses and treatments are essential for proving the value of your injuries or the damage done to your person. These can be used to show the jury what amounts are appropriate by way of damages.

Types of Evidence in a Personal Injury Claim

Evidence plays an important role in ensuring a strong and successful personal injury claim. Evidence in a personal injury claim can be classified into physical evidence and non-physical evidence. Evidence will not only help you prove fault, but also show the extent of your financial loss and help to solidify your damages.

Physical Evidence

This is a type of evidence that is tangible and can be seen physically. This type of evidence can be impactful because it allows the jury to actually see and observe what happened.

Tangible evidence like wrecked vehicles and a recovery scar are examples of  physical evidence that the jury can observe to gain a sensory impression of the incident and its effects.

Photographs of the immediate scene of your injury, your initial injuries and your medical operations can help provide the jury with an idea of what happened and how you were affected.

Non- Physical Evidence

Non-physical evidence is a type of evidence that is factual or testimonial in nature and presented as information or testimony to the jury.

The police report from an accident or injury is the accepted factual, official and unbiased report about what transpired that day. It can be used particularly in cases where the defendant was issued a ticket or violation.

Witness testimony may help validate your claim. It is important that you obtain the witness’s contact information and statement as soon as possible after the incident.

Medical records of your diagnoses and treatments are essential for proving the value of your  injuries or the damage done to your person. These can be used to show the jury what amounts are appropriate by way of damages.

Types of Evidence in a Personal Injury Claim

I am going to file a personal injury case. What type of evidence is required to file a successful personal injury claim?

Evidence plays an important role in ensuring a strong and successful personal injury claim. Evidence in a personal injury claim can be classified into physical evidence and non-physical evidence.

Physical evidence may include photographs of the accident scene and your injuries, and photographs of the wrecked vehicles or a recovery scar.

Non-physical evidence may include a police report, medical records and witness testimonies.

Who is liable for motor vehicle accidents involving negligent Uber drivers?

The following parties could be held liable in a motor vehicle accident involving negligent Uber drivers:

·         The Uber driver

·         Uber – the company

·         The insurance company

Who Is Responsible in an Uber Car Accident

Uber and Lyft have been growing in these past few years and giving taxicab companies a run for their money. With the increase in their popularity, there has also been a corresponding increase in the number of accidents they meet with. Uber car accident cases can be extremely complex, as several individuals, companies and insurance companies are involved. If you have been injured in a car accident involving an Uber car, an experienced Uber accident attorney can help file claims against all necessary parties on your behalf, and help you get compensation for the injuries and damages incurred.

Responsible Parties

In cases of motor vehicle accidents involving negligent Uber drivers, the following parties can be held responsible for the damages incurred:

·         The Uber driver

·         Uber – the company

·         The insurance company

Unfortunately, most of the time these entities attempt to have an injured plaintiff sign an agreement that limits settlement and/or prohibits the injured plaintiff from taking further legal action. It is highly advisable that an injured plaintiff does not sign such an agreement and that, if needed, he or she discusses the matter with the attorney in question.   

Uber’s direct liability terms have the following limits:

·         50/100/25 of contingent coverage by Uber in-between fare. This is applicable if the personal automobile insurance policy refuses to pay or pays nothing.

·         $1 million of uninsured/underinsured motorist benefits. This coverage is for the passengers.

·         $1 million of liability coverage per accident.

If you or a loved one is injured in an Uber accident, contacting an Uber accident attorney is imperative. He or she will help you file claims for your compensation and help you throughout the process.

Who Is Responsible in an Uber Car Accident?

I take an Uber ride to my office every day. With the increase in the number of accidents taking place, it would be nice to know the Uber direct liability terms so that I am up to speed on them.

Uber’s direct liability terms have the following limits:

·         50/100/25 of contingent coverage by Uber in-between fare. This is applicable if the personal automobile insurance policy refuses to pay or pays nothing.

·         $1 million of uninsured/underinsured motorist benefits. This coverage is for the passengers.

·         $1 million of liability coverage per accident.

What are the common injuries among construction workers?

Some of the most common injuries that affect construction workers include head injuries, back injuries, bone injuries, limb amputations, burns and scarring, cuts and lacerations, heat stroke, loss of vision and hearing loss.

Common Injuries among Construction Workers

A construction site is a dangerous place to work in because the work it involves is very physical. It poses a serious risk of accidents and injuries.  These can be caused by equipment failures, falls, falling objects and other unsafe conditions present at the construction site. Here are some of the most common injuries that affect construction workers:

Head injuries

Heavy and sharp tools, or objects that fall from significant heights, can cause serious head injuries and trauma. Structural collapses can also cause severe head injuries.

Back injuries

Falls from ladders, scaffolds or heights can cause back injuries. These types of injuries can have life-changing effects on workers. They can lead to disabilities like spinal cord damage, resulting in partial or complete paralysis.

Bone injuries

Bone injuries are very common at construction sites because of the heavy machinery and equipment used at construction sites. Bone injuries can also result from being caught in between heavy machinery.

Burns and scarring

Harsh chemicals, flammable liquids, exposed wires, explosives, etc. can cause serious burn injuries. Burns can also result from a fire outbreak, electrocution or explosions. Burn injuries can lead to permanent disfigurement.

Loss of vision

Flying projectiles, extreme light and chemical exposure can cause loss of vision. Workers engaged in welding, grinding or working with toxic gases and chemicals are at higher risk of losing their vision.

Hearing Loss

Loud sounds from heavy machines and equipment can damage the eardrum. This can result in immediate or gradual hearing loss.

Cuts and lacerations

Defective tools, malfunctioning equipment, unsecured machinery, exposed nails, and other on-site hazards can cause cuts and lacerations.

Heat stroke

Workers who labor in hot weather or are exposed to the sun for a long period of time can suffer heat stroke. Heat stroke can lead to heart, brain or kidney failure.

Construction Site Injuries

My son will soon be taking up a job at a construction site. I am concerned about his safety because I keep reading of so many construction accidents taking place in the United States. What kinds of injuries are common at construction sites?

Some of the most common injuries affecting construction workers include head injuries, back injuries, bone injuries, limb amputations, burns and scarring, cuts and lacerations, heat stroke, loss of vision and hearing loss.

What affects the timing of a personal injury settlement?

The following factors affect the timing of a personal injury settlement include:

·         Nature of the case

·         Complexity of the case

·         Jurisdiction of the case

·         Medical evaluation

·         The insurance company that handles the case

·         Liability

·         The personal injury lawyer

Timing of a Personal Injury Settlement

One of the most common questions asked by victims of personal injury accidents is, “How long will it take to resolve my claim?” Every personal injury case is different, and each case can take different amounts of time because of a number of important factors including:

Nature of the case

Standard cases, like vehicle accident cases, get resolved faster than other types of cases. Cases with complex factual or legal issues, such as medical malpractice or premises liability,  may take a longer time to settle.

Complexity of the case

When important aspects of a case are in question, like the issue of liability and damages, it may require more time to process.

Jurisdiction of the case

Different jurisdictions may take different amounts of time to resolve cases. A jurisdiction that has a long list of cases for trial may take a longer time to resolve a case than a jurisdiction with fewer cases.

Medical evaluation

A personal injury attorney usually waits for all of the medical expenses and other damage reports to come in before settling the case. This may take longer if the extent of the injury is not known.

Insurance company that handles the case

The insurance company handling the claim can have a significant impact on how long a case may take to be resolved. Some have policies in place to resolve claims within a certain time period, while others take a long time to evaluate and resolve.

Liability

When there is a dispute, the case may proceed to court in order to determine which party was at fault. If there is no dispute over liability, a case is settled quicker.

The personal injury lawyer

Every personal injury lawyer is different and may take different amounts of time to handle cases. Some delegate tasks to multiple people, while others handle the investigations, pleadings and negotiations on their own. Some attorneys take more time to settle a case because they handle many cases at the same time.

Personal Injury Claims

I was injured in an accident caused by someone else’s negligence. Since I am going to file a personal injury lawsuit against the party responsible, I would like to have a fair idea of the amount of time it takes to reach a settlement.

Several factors may affect the timing of a personal injury settlement, such as:

·         Nature of the case

·         Complexity of the case

·         Jurisdiction of the case

·         Medical evaluation

·         The insurance company that handles the case

·         Liability

·         The personal injury lawyer

What are the kinds of losses for which compensation can be recovered by the survivor of the deceased in a wrongful death case?

There are different categories of losses for which a survivor of the deceased might be able to recover compensation in a wrongful death case. The following are some of them:

·         pre-death pain and suffering of the deceased

·         medical costs incurred by the relative of the deceased as a result of the injury prior to his or her death

·         funeral and burial costs

·         loss of the deceased person's expected income

·         loss of care, guidance and nurturing that the deceased would have provided

·         loss of love and companionship

·         loss of consortium

How Does a Wrongful Death Lawsuit Work?

A wrongful death claim is a type of personal injury lawsuit that is brought against an individual or a party for causing someone's death either negligently or intentionally. This type of claim is usually filed by a representative of the deceased, on behalf of surviving family members and other affected parties, against the party legally liable for the death.

A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of the negligent or harmful action(s) of somebody else.

In order to hold the defendant liable in a wrongful death claim, the plaintiff must meet the same burden of proof that the victim would have had to meet had he or she been alive. The plaintiff, therefore, must show that the defendant owed the deceased a duty of care, the defendant breached that duty and the breach of duty was the cause of death.

There are different categories of losses for which a survivor of the deceased might be able to recover compensation in a wrongful death case. The following are some of them:

·         pre-death pain and suffering of the deceased

·         medical costs incurred by the relative of the deceased as a result of the injury prior to his or her death

·         funeral and burial costs

·         loss of the deceased person's expected income

·         loss of care, guidance and nurturing that the deceased would have provided

·         loss of love and companionship

·         loss of consortium

What is a wrongful death claim?

I have lost a loved one in a wrongful death accident and have been advised to file a wrongful death claim. What is a wrongful death claim and how does it work?

A wrongful death claim is a type of personal injury lawsuit that is brought against an individual or a party for causing someone's death either negligently or intentionally. A wrongful death claim is usually filed by a representative of the deceased, on behalf of surviving family members and other affected parties, against the party legally liable for the death.

A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of the negligent or harmful action(s) of somebody else.

What are some tips to protect my legal claim after a car accident?

The following tips will help you if you hope to protect your legal claim and build a strong case against the party that injured you:

·         Call the police to the scene of the accident, even if it is a minor one. After investigating the accident, the police will issue a police report. A police record will help you establish the facts of the accident.

·         Take pictures of the vehicle positions, body damage, skid marks and road conditions. You must also note down witness names and contact information. Their testimonies can play a vital role in your case.

·         Get the help of an experienced attorney to avoid any number of legal mistakes that can weaken your case.

·         If you’re injured in any way, see a doctor or visit a hospital immediately. A visit to the doctor or hospital will help document your injuries and enable you to receive the necessary treatment as soon as possible.

Ways to Protect Your Legal Claim after a Car Accident

If you’ve been injured in a car accident and are looking forward to getting a full and fair settlement for your injuries and damages, there are certain things you must do. The following tips will help  you  build a strong case against the party that injured you:

Involve the police: After the accident, it is important to call the police to the scene of the accident, even if it is a minor one. After investigating the accident, the police will issue a police report. A police record will help you establish the facts of the accident. With no police report, you may face problems when arguing with the insurance adjustor about how the accident happened or what the liability of the other driver is.

Get information and pictures: You should not leave the accident scene without taking photographs and collecting important information. Make sure that you take pictures of vehicle positions, body damage, skid marks and road conditions. You must also note down witness names and contact information. Their testimonies can play a vital role in your case.

Talk to a lawyer: Get the help of an experienced attorney to avoid any legal mistakes. A lawyer is fully aware of the statute of limitations that applies to a particular car accident case and will ensure that your case progresses within that timeline. He or she will represent your best interest when demanding a fair and full compensation.

See a doctor: If you’re injured in any way, see a doctor or visit a hospital immediately. A visit to the doctor or hospital will help document your injuries and enable you to receive the necessary treatment as soon as possible.

Do not miss your doctor’s appointments because the insurance adjustor may argue that you must not have been injured too badly and that is why you didn’t feel the need to keep your appointment.  This can result in lowered or denied compensation.