29Aug
What if accident victims do not hire personal injury lawyers?

Unfortunately, accidents happen all the time and in many cases victims suffered personal injuries for other person´s negligence and irresponsibility.

Whether the wounded is dealing with pain caused by a car crash, a slip and fall situation, work accident, product poisoning or similar when other party is to blame, claiming for financial compensation is a given right.

For this to happen faster, more fairly and with the intention of guaranteeing civil rights and benefits the victims are entitled to, hiring a personal injury lawyer that take charge of the case is the best thing to do. Find top rated personal injury lawyers in Reno NV at Richard Harris Law Firm today.

The accident attorney is the professional focused on helping and supporting personal injury victims, providing legal representation and making a case that will prove the wounded deserves a fair compensation for the suffering, pain, medical expenses and more.

But, what would happen is victims do not hire personal injury lawyers? Let´s see.

Misconceptions and consequences of not hiring an injury attorney

There are many mistaken beliefs when it comes to lawyers that make people not hiring them, ending in the worst consequences possible, especially for personal injury victims. Not counting on with accident attorneys lead to:

·         Lose active and objective legal representation

Injury victims are having a bad time, being in pain and suffering while healing. This makes impossible for them to actively defend themselves and ask for compensation claims. Even if they or a relative could embrace the case, objectiveness will be off the table.

Therefore, the wounded need and active and completely objective party to do that, and the personal injury attorney as legal representative is ideal.

In details, this professional will take responsibility in the claim, carrying out documentation gathering, evidence collecting and other task to make a case based on actual facts and fair and real compensation. If not, the possibility of being tempted with an unfair settlement on behalf of the other party´s insurance is probable.

·         Lose negotiating skills

Without legal representation, the plaintiff is in the dark respecting negotiation of settlements with insurance companies.

A personal injury lawyer is trained in this matter, knowing and recognizing the usual moves insurances use to low the personal injury value and therefore, the resulting compensation. The attorney will know when to play hard or soft and negotiate the best settlement for the plaintiff.

·         Highly probability of making costly mistakes

Like any law, personal injury regulation is very complex due to the many circumstances, case characteristics and events that may involve harming incidentals.

Without a specialized attorney, finding a loophole, gap or ambiguous statement can be exploited by the third party´s insurance or legal representation, leaving the injured with low compensation or none at all.

On the other hand, with the support of a personal injury attorney this is a risk victims do not have to take, since they know what to do and will avoid mistakes that could damage the case.

The same thing applies to documentation. An attorney will know exactly which documentation is needed and the finish timeline so it can be issued. Not being aware of this translates into time waste, since collecting paperwork is not easy or fast and mistakes can be made.
28Aug
Reporting Car Accidents To Your Insurance Company

Following a car accident, it is mandatory that you report the incident to your insurance company. This is especially the case in the event that you went through a severe accident that involved injuries and serious property damage.

The insurance policy almost always states that you have to report the accident to the insurance company. Also, you will most likely require the protection of the coverage since this will give you financial aid. If a personal injury was involved and the accident was not your fault, you will also want to contact Washington DC personal injury attorneys to file an injury lawsuit.

Minor Accidents

With minor accidents, many vehicle owners are confused. This includes situations like single car collisions and low speed fender benders. The problem for many is that it is daunting to deal with all the associated paperwork and waiting for police officers is not always what you would like. Even so, it is absolutely always worth it to get the insurance company involved in the process.

Insurance After Car Crashes

When minor collisions happen, the drivers make very fast vehicle and personal assessments. After, they simply agree that insurance companies should not be involved and accident reports should not be filed. It seems that such agreements are very agreeable but they can easily create huge issues down the road.

Avoiding getting insurance companies is done due to different reasons, like:

  • Thinking that insurance premiums are going to go up.
  • Not wanting to deal with long claims.
  • Thinking that it is cheaper to fix the vehicle than the deductible.

All of the reasons are understandable. However, they might not actually make legal or financial sense. For instance, insurance premiums do not always go up and repair costs can be much higher than anticipated.

When You Do Not Report The Accident

One of the main reasons why you should involve the insurance company is that there are several possible car accident injuries that will not immediately appear. For instance, soft-tissue injuries (with whiplash being the most common) only appear days after the accident. You might not even realize you have a problem until weeks or months pass and you face very expensive medical treatments.

In the worst case scenario, whiplash injuries can be suffered days after the accident. When you did not gather the details of the other people involved, your medical care will end up being paid for by you alone.

Final Thoughts

At the end of the day, it is very important that you report any accident to your insurance company. You might think that this is not the case due to multiple possible reasons. In reality though, this report is a huge protection for you in the event that something bad happens.

Unfortunately, car accidents can cause several injuries that you do not discover until some time passes. You want to be protected and you have to do all that you can in order to safeguard your future. Doing this will allow you to keep your family safe at all times.
26Aug
Analyze These Traits When You Consider Hiring A Personal Injury Attorney

Being involved in any type of accident that was not your fault automatically means you are entitled to compensation. However, in order to get as much as you actually need to cover everything that happened to you, it is important to hire an experienced personal injury attorney. How do you find one who is very good and who will help you get the maximum compensation?

A great thing to do is to analyze some things as you get in touch with the considered specialist. According to Regan Zambri Long personal injury lawyers in Washington DC, the following trait should always be visible.

Availability

Look for those lawyers that are available as you need to get in touch or services are required. Obviously, this means that they should live close to where the accident happened. At the same time, you need to hire an attorney with an experienced and very strong support staff. It is normal that you cannot always get in touch with the attorney but you should still be able to reach someone at the law firm when you need some help.

The best personal injury attorney for you is the one who never picks up more clients than it is possible to service. You can clearly assess this by how fast they get back in touch.

Professionalism

Never hire an attorney that does not act professional, regardless of why you need them for. Your personal injury attorney has to be available and needs to answer the questions you have. Cases have to be handled with the utmost affection and care.

A great way to see if the lawyer is a true professional is to look for passion. When you see this, you know that the specialist will do all it takes to get a good settlement for you, which is basically impossible without being professional.

Approachability

Great lawyers are courteous. They are very easy to be approached. Your personal injury attorney needs to offer convenient and reliable communication options. This is because the feedback that comes from you will be really valuable for the claim.

Sincerity

All personal injury attorneys have to be sincere and frank. They do not offer false hope and do not tell their clients a large settlement is possible unless this is actually imminent. Basically, the best attorney will always be sincere. They will inform you about what is happening and will avoid anything that would cause unnecessary anxiety. While listening to intuition while offering legal advice is a part of the job, the attorney will never offer anything else except objectivity.

Success

In personal injury, reputation is very important. The insurance companies always treat lawyers differently based on how successful they were in the past. As a result, the last very important thing you need to analyze is the past success rate of the considered injury attorney. The best law firm is the one that obtained very good deals for its clients in the past. Fortunately, it is very easy for anyone to check the track record of the considered attorney, which is something you should do.
20Aug
Increase Your Chances Of Winning 18-Wheeler Accident Cases By Knowing This

Every person that is involved in truck accidents should understand how difficult the claim process can be. Unfortunately, these are collisions that can lead to very serious injuries and huge property damages. As a result, it is highly recommended that you hire an experienced 18-wheeler accident lawyer as soon as you can after the crash so that your best interests will be respected and you will get the financial compensation you are entitled to by law.

The Dangers Of Truck Accidents

You just need to know that a semi-truck can weigh around 80,000 pounds and 18-wheelers are even bigger. Compare this with the average US car weight of 4,000 pounds and it is easy to realize what type of damage can appear from a collision. Unfortunately, in some cases, even surviving is unlikely.

You should also be aware of the fact that there are more accidents involving commercial motor vehicles than many believe. In the US alone, there are around 500,000 happening every year.

Truck Accident Causes

Several causes of collisions are possible. The most common ones are distracted driving, reckless driving, driver fatigue, inadequate maintenance, poorly loaded cargo, overweight cargo, defective mechanical parts, and insufficient training. The cause of the accident will influence the options you have available after the car accident.

The Evidence You Need To Collect At The Scene

This is one of the last things you will think about but it is very important to keep track of what happened. In time, you will forget details so collecting evidence at the scene of the truck accident is a very good idea.

The best evidence you can collect is visual. So try to shoot some videos and take as many photographs as possible that show damages and injuries. Also, after the collision, make sure to keep all medical records.

Responsibility In Truck Accidents

When it was the 18-wheeler that caused the collision, several at-fault parties might exist, like:

  • The trucking company
  • The cargo company
  • Parts manufacturers
  • Truck manufacturers
  • The truck driver

When you pursue claims against any of the parties mentioned before, there are subtle differences you have to be aware of. This is why the work of a truck accident lawyer is so important.

How Is Negligence Proven?

When negligence was involved in the truck accident, the attorney needs to prove the following:

  • Duty of care – The point is to show that the truck driver had to respect the law.
  • Breach of duty – Rules were not followed and duty of care was breached.
  • Damages – The injuries of the victim require financial compensation.
  • Causation – The breach of duty is what caused the injuries.

What Damages Are Offered?

In truck accident claims, 2 major damage types exist:

  • Compensatory Damages – This includes things like property damage and medical bills. Also, unquantifiable factors can be claimed, like loss of opportunity and pain and suffering.
  • Punitive Damages – These are rare but they apply when it is considered that the behavior of the defendant warrants disciplinary actions. This is meant to act as a warning for others not to do the same thing.
17Aug
How To Obtain Workers’ Compensation Benefits

In most US states, you are required to notify the employer that you suffered an injury or you became ill in 30 to 40 days after the event happened. If you do not notify the employer, you usually end up denying the potential benefits offered by workers compensation.

The difficulty of the process appears because there are some states where your notification period available is much shorter. To protect yourself from this, you should notify the employer as soon as possible. This will then lead to the employer notifying the workers’ compensation insurance carrier. A report would then be filed and sent to the deciding board administering the workers’ compensation system of the state. Make sure to also notify the HR manager since this will help you a lot during the process.

After the insurance carrier is aware of the illness or injury, it is beneficial because it can start paying a part of your weekly income and the medical bills you have to deal with. The alternative though is that the carrier ends up rejecting the claim. If this happens, you want to appeal the carrier’s rejection with the workers’ compensation board of the state. Such appeals tend to be much more successful when there is an experienced personal injury workers’ compensation lawyer in your corner. When the appeal still fails, the court can be asked to review the decision.

After you figure out that you are ill or injured because of a workplace injury, it is very important to get medical care as soon as you can. This is vital for the compensation claim since you will have medical records available to be utilized as evidence of the injuries you suffered. When benefits are denied, those records will be the difference.

The problem is that in some US states, the insurer or the employer will be allowed to refer you to another doctor. This is for an IME (Independent Medical Examination) to be carried out. This is problematic because the insurers tend to select doctors that they have a working relationship with. You would thus end up with reports that will minimize how serious your illness or injury is. For instance, that doctor might try to identify the condition as being something you already had.

Generally, what is important is to be cooperative and honest. However, when these doctors ask you questions, be as brief as possible. Do not start mentioning the minor issues you are aware of and that affected the exact same body part that the work injury affected.

The last thing you should know is that in some states the impartial medical examination is actually required, not just optional. In this case, the chosen doctor is chosen from a specific list that the state sees as impartial specialists. Those that accept IME from the insurers are not placed on the last.

To sum up, in order to obtain workers’ compensation benefits, you need to go through a specific procedure. This is one of the main reasons why we need to have our personal injury lawyers in our corner to advise us on the best thing that can be done, regardless of the stage of the claim.
4Aug
HOW TO NEGOTIATE A REASONABLE INJURY SETTLEMENT

Settlements are often the best way of resolving injury suits. It saves both parties time and cost, not to mention the emotional trauma, of going through a court trial. However, negotiating a reasonable settlement in a personal injury case is no easy feat. There are so many things that need to be carefully and properly considered by both parties. The victim in particular has to be thorough in their research to avoid being manipulated out of a good deal or leaving any money on the table. The process can be tedious and the required documentation stressful to get. But these and a few other requirements are necessary for a very good settlement to be reached.

Hire An Excellent Personal Injury Attorney.

The first and most important thing a victim can do to help his case is to hire a personal injury attorney. Studies have shown that victims who call their lawyers immediately after an incident are more likely to win their case than those who delay doing so. This is because, by the time the attorney is looped in, a lot of information would have changed form and evidence would have been compromised making them less reliable in defense. The professional personal injury attorney will immediately fall into action collecting evidence, gathering statements, and securing the integrity of the information that will be used to build his case and negotiate a good settlement for the client. The mike morse law firm is reputed for having some of the best, fast-acting, and case-winning lawyers in the country, modeling the kind of attorneys one should call in an emergency.

Calculate The Damages.

The next step in negotiating a settlement is calculating the damages. Here more than ever, an attorney is needed. The method of calculating the damages and the rates for each kind are often standard but because most cases are never cut and dried, it could take several forms. Damages are expressed in several forms. Physical damages refer to injuries that compromise bodily function and cause impairment in any way. Economic damages include all financial costs incurred because of the incident that led to the injury. This could be medical bills, vehicular bills, or renovation bills from damaged buildings. There are also future economic loss damage claims which refer to future financial incapacitation caused by the accident. If the victim is no longer able to provide for himself financially for some time or indefinitely in the future, the estimated loss should be calculated and presented during negotiations.

Negotiate Skillfully and Wisely.

This is a job for both the attorney and the client. The negotiation table is much like a poker table except it is very vocal. There are a lot of mind games and back and forth as both parties haggle the amount and give reasons why it should be more or less. The important thing for the client to remember is not to represent himself. His attorney is trained in skilled negotiation and is more likely to get a better deal. Do not jump at the first offer and emphasize the physical, emotional, and financial trauma experienced from the incident to push the other party into an agreement.

Conclusion.

Negotiating reasonable settlements in injury suits can be a bit of a gamble but with the right attorney, a well-built, evidence-backed case, and excellent negotiation skills, the odds are highly in the victim’s favor.

 
31Jul
Differentiating between fault, non-fault, and comparative fault car accidents

Whether your insurance coverage is governed by a no-fault or an at-fault system can have a direct and considerable impact on how your claim is handled and the amount of compensation you may receive following a car accident.

Insurers try to determine who was at fault if you have been injured in a car accident. This can impact the amount of the insurance claim payout, however, proving blame is often difficult. We’ll go through how your circumstance affects how your insurer assesses the accident and a party’s innocence after a car crash.

Car Insurance

While the details differ from state to state, one rule remains constant- having automobile insurance is a must while on the road. In other words, when you are involved in a car crash, the insurance plan assists in the repairs and any personal injuries you may have incurred as a result of the collision.

Fault vs. Non-Fault   Vs Comparative Fault

Car accidents are prone to happen and in some instances it’s usually hard to determine who is at fault. There are three categories of car insurance namely fault, Non fault and comparative fault. Each particular one will to a great extent impact how victims receive compensation.

  • Fault vs. Non-Fault Vs. Comparative Fault

Car accidents are prone to happen, and at times it’s usually hard to determine who is at fault and who’s not. There are three categories of car insurance, namely fault, Non-fault, and comparative fault. Each particular one will to a great extent, impact how victims receive compensation.

  • At Fault Car Insurance

At Fault Car insurance basically holds the party liable for the car crash if it’s out of negligence. In the end, those found guilty end up paying for injuries inflicted and car damage costs.

  • Non-Fault Car Insurance

Non-Fault Car insurance is whereby an insurance company will compensate you if you’re not responsible for the accident. However, if the other party can prove that you slightly played a role in causing the accident, you automatically get disqualified for full compensation.

  • Comparative Fault

Comparative fault is a scenario where a car insurance company compensates you based on your accident involvement percentage.

How to conduct yourself after an accident

After a car crash, immediately call the police to file an official report of the scene. It’s worth mentioning that an officer’s report usually outweighs bystander testimony. It’s always advisable to never admit fault or make assumptions at the accident scene; just cooperate with the office and exchanging information with the other party.

Seeking Compensation

If you are not at fault in a car accident, you have a few options of getting compensated for the damages or injuries you may have sustained. You can file for compensation with your car insurance company, which will subsequently seek reimbursement from the at-fault driver’s insurance company.

Alternatively, you have the option of filing a personal injury claim against the at-fault driver. Lastly, you can also file a third-party vehicle insurance claim with the driver’s insurance company at fault.

Conclusion

After being involved in a car accident, calling the police, who then files an official report, is always recommended. Also, be conversant with the negligence policy and traffic rules in your state. Each state has its fault-assignment system; however, understanding how it works can help you prove your innocence and, in the end, earn a fair insurance settlement.

 
2Jul
What Will Happen if Your Car Accident Case Goes to Trial?

In general, personal injury claims, which includes car accidents, rarely end up going to trial. Usually, they are settled beforehand as there is clear evidence of fault and a fair agreement is reached. If you’re worried about your car accident case going to trial, it most probably will not. However, there are a few circumstances where it may be necessary. Here is an overview of the scenarios that could result in trial and some information to introduce you to the process with ease.

When to Pursue a Trial

Car accident cases go to trial when an agreement cannot be made and both parties want to pursue the case. This could happen if the settlement is believed to be unfair or the parties cannot come to a decision as to whose fault the accident was. When an insurance company is involved, unfair pay-outs could lead to court if the value being offered is considerably less than how much the vehicle is worth. If the other party refuses to accept any blame for the accident and you believe this to be wrong, the case could end up going to trial. Discuss your case with an experienced attorney for car accidents as they can provide you with personalized suggestions as to what is the best course of action and give you guidance throughout the process.

The Process

There are five steps in the process of a trial. Firstly, the complaint is filed and sent to the defendant, who then responds back to this initial complaint. This is followed by a discovery period, where evidence for the trial is collected and analyzed by the attorneys. It is crucial that all evidence is presented at this stage so both parties can look at it, as anything new presented in court will be disregarded. The trial then takes place, the evidence is presented, and the jury come to a decision. If either party disagree with the outcome of the trial, an appeal can be made.

During the Trial

There are several significant people present at the trial. This includes you, the plaintiff, and your attorney; the defendant and the defending council, if they have decided to hire an attorney; the judge, who leads the trial; and the jury, who come to a final decision based on the evidence presented in court. First, opening statements are provided by each party. All evidence for your case is then presented by your attorney. This could include witness statements, medical evidence, and police reports. The defending council will then cross-examine this evidence and present their side. Closing statements are then given by each party to summarize their arguments. Using all this information, the jury will decide which party was at fault for the accident and how much compensation is to be awarded for the damages. This deliberation stage can take anywhere from a few hours to a few days. Once a decision has been reached, the judge presents the outcome to the court.

Trials can be expensive and time consuming, which is why they are usually avoided in cases of car accidents. If your attorney advises you that it is necessary, you now have the knowledge to begin the process with confidence.
4Jan
What is The Wildcard Exemption in Florida?

Lost property can be one of the worst aspects of a chapter 7 bankruptcy. If you have a lot of unsecured debt that you’d like to wipe out but you would not like to give up your property in exchange, it’s important to consider some of the exemptions that are available to you under Chapter 7 bankruptcy. In the state of Florida, we have what’s called a wild-card exemption.

Wild-card Exemption Explained

Florida has created a list of assets that trustees will not be able to seize in any type of chapter 7 bankruptcy proceeding. You can exempt up to $1000 value in your family vehicle for example. Wild-card exemptions are different from the typical asset exemptions that are included in Chapter 7 bankruptcy law throughout the state. Wild-card exemption can be used to protect more than the value of certain aspects of the property. If you have a newer vehicle that’s worth more than $1000, you could use your wild-card to exempt that extra value for example.

Wild-card Exemption Caps

A wild-card exemption is limited to $4000 if you do not claim any homestead exemption. Many people have more than $4000 inequities throughout their home and a homestead exemption can be an excellent way to keep hold of more assets if you own property in Florida. If you don’t own real estate that you can exempt, having a bit of extra in wildcard assets can put you in a better position financially after your chapter 7 bankruptcy.

Proper Evaluation Advice is Important

When you are considering the option of filing for Chapter 7 bankruptcy, make sure that you’re getting a proper evaluation of all of your assets and consider speaking to a bankruptcy attorney to determine the best way that you could protect your assets moving forward.

Contact us if you have further questions about wildcard exemptions in the state of Florida

This post was written by Trey Wright, one of the best local bankruptcy attorneys in Tallahassee, Florida. Trey is one of the founding partners of Bruner Wright, P.A. Attorneys at Law, which specializes in areas related to bankruptcy law, estate planning, and business litigation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

 

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