Showing posts with label personal injury claims. Show all posts
Showing posts with label personal injury claims. Show all posts

Tuesday, May 29, 2018

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.

Friday, May 11, 2018

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

Thursday, May 10, 2018

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.

Wednesday, May 9, 2018

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

Tuesday, November 28, 2017

When should one file for a personal injury lawsuit?

In cases where a personal injury claim is unfairly rejected or unduly delayed by the insurance company, or when there could have been more financial compensation than what is offered, one can file a lawsuit against the insurance company which is liable to pay for the injuries. Filing a personal injury lawsuit involves taking the case to court. There are certain costs and fees associated with filing a lawsuit. It is wise that you consult with a personal injury lawyer before doing so. If the case cannot reach a fair settlement after filing a lawsuit, it will be scheduled for a trial.

Sunday, November 26, 2017

What Is the Difference between a Personal Injury Claim and a Lawsuit?

When a person is injured in an accident that has been caused by someone else’s negligence, the injured party can either make a personal injury claim or file a lawsuit in order to receive financial compensation from the insurance company of the negligent party.

Personal Injury Claim
In most cases, the injured party will submit a personal injury claim with the insurance company which will then decide to accept or reject the claim. In a “no fault” state like New York, the claim is first filed with one’s own insurance company, while in “at fault” states the claim is made towards the negligent party. This process does not involve going to court, but the case is settled through negotiations with the individual or their lawyer and the insurance company.

Personal Injury Lawsuit
In cases where a personal injury claim is unfairly rejected or unduly delayed by the insurance company, or when there could have been more financial compensation than what is offered, one can file a lawsuit against the insurance company which is liable to pay for the injuries. Filing a personal injury lawsuit involves taking the case to court. There are certain costs and fees associated with filing a lawsuit. It is wise that you consult with a personal injury lawyer before doing so. If the case cannot reach a fair settlement after the filing of a lawsuit, it will be scheduled for a trial.

Filing a personal injury claim or lawsuit can be very complicated. Insurance companies often try to pay less than they should towards the injured victims because it is in their best interest to pay as little as possible. If you have been seriously injured in an accident that was not your fault - it could be a car accident, accident at your work place, or a slip and fall accident - it is always prudent to talk to an experienced personal lawyer to ensure that you receive the maximum financial compensation. 

Thursday, August 10, 2017

What are some common mistakes people make when filing a personal injury claim?

The following are some common mistakes people make when filing a personal injury claim:

Not calling the police: If you do not call the police, there will not be any formal investigation of the accident. Later on, if the negligent party or driver denies liability, you may have a difficult time proving your case.

Accepting and chasing property damage: Another common mistake is accepting and cashing a property damage check without first fixing the damages. It may be possible that the amount offered may end up being less than the amount it takes to fix the damage.

Not getting witness contact information: Without witnesses, an insurance adjuster may deny liability.

Giving recorded statements without hiring an attorney: Giving a recorded statement without the protection and guidance of legal representation can result in serious problems.

Not hiring a lawyer: If you are not represented by a lawyer, the insurance adjusters may try to settle the value of your case at a very low amount.

Friday, July 28, 2017

What factors affect the timing of a personal injury settlement?

Factors that affect the timing of a personal injury settlement include:
·         The nature of the case
·         The complexity of the case
·         The jurisdiction of the case
·         Medical evaluation
·         The insurance company that handles the case
·         Liability
·         The personal injury lawyer

Factors Affecting the Timing of a Personal Injury Settlement

If you have suffered injuries in an accident because of someone else’s negligence, you have the right to file a personal injury claim. Your claim can be resolved by negotiating a settlement with the defendant’s insurance company or filing a civil lawsuit. The amount of time it takes to reach a settlement varies from case to case. Some cases are resolved within a short period of time, while others may take years to settle. Factors that affect the timing of a personal injury settlement include:

The nature of the case
Vehicle accident cases are resolved faster than others. Cases with complex factual or legal issues, especially those relating to medical malpractice or premises liability, may take a longer time to settle.

The complexity of the case
When important aspects of a case are in question, such as issues of liability and damages, it may require more time to process.

The jurisdiction of the case
Some jurisdictions may take longer to resolve the cases than others. Lawsuits may take longer in a busier jurisdiction that has a long list of cases for trial, than in a jurisdiction with fewer cases.

Medical evaluation Medical evaluation plays an important role in determining when a personal injury case will be settled. Usually, the personal injury attorney waits for all of the medical expenses and other damage reports to come in before settling the case. This may take longer in more complicated cases, such as when the extent of the injury is not known.

The insurance company that handles the case
The timing of a personal injury case also depends on the insurance company that handles the claim. Some have policies in place to resolve claims within a certain time period, while others take a long time to evaluate and resolve them.

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

The personal injury lawyer
Different personal injury lawyers 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. An experienced lawyer can handle a case more effectively and quickly.

Thursday, July 27, 2017

Personal Injury Claims

I have been injured in an accident caused by someone else’s negligence. 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. After three months, I will be travelling abroad and will reside there for about 2 years. I want to make sure that the settlement is reached before I leave.

Several factors may affect the timing of a personal injury settlement, such as:
•                    The nature of the case
•                    The complexity of the case
•                    The jurisdiction of the case
•                    Medical evaluation
•                    The insurance company that handles the case
•                    Liability
•                    The personal injury lawyer