What Everyone Should Know About Personal Injury Cases
If you have had enough and you feel you deserve compensation for your personal injury, you're right! There are many things you need to understand about choosing the right attorney and understanding the many legal processes involved. It is not an easy way to go, but by reading the following article, you can certainly stay on top of your case.
If you don't want to splash out on lawyer's fees, and you can easily prove the other person was at fault, see if you can work out an out-of-court settlement with them. Their insurance company will be happy to do this as they're in no hurry to go to court, so you'll end up on top.
Never try to negotiate with an at-fault party or their insurance company without having an attorney present. They may try to take advantage of your lack of legal knowledge to make you an unfair offer. Even if you feel like you are confident and can represent yourself, call a lawyer and have them present at the time.
During your initial consultation with your personal injury lawyer, check to see how organized he is. This is important because you will want someone who is on top of their game to represent you. Small personality traits like this can make all the difference when the lawyer is making your case in court.
When you take a personal injury case to a big law firm, you may meet the head honcho to talk, but your case will be passed down to junior associates. They tend not to have many cases under their belt, and this can lead to a loss. Look for a small firm instead.
When you want to win a personal injury case, look for a boutique firm. The smaller, more specialized firms tend to do a better job on such a case. They have the passion and drive, plus the knowledge and experience necessary to get you a win or a big settlement offer.
Never sign something without the advice of your lawyer. When you are dealing with an insurance company the first thing, they will likely do is get you to settle with them on terms that benefit them. To ensure that you do not get ripped off by them, be sure to have your lawyer review everything you are asked to sign.
If you have been involved in a slip and fall accident, you will need to have proof of the accident. At the time of the accident, take photographs of the site and get signed witness statements. You should also take note if there was "wet floor" sign at the location.
Look into previous cases that the lawyer has handled. There are many different types of read more personal injury law, such as medical malpractice, workplace injury or car accidents. Make sure that the lawyer you choose has experience and a good track record with the type of injury that you have. Large out of court settlements, or successful outcomes in a court case indicate that he or she is the ideal lawyer to take your case.
You do not need a personal injury attorney if your injuries are not that significant. It will simply cost too much money to get a lawyer on board if you only have a few cuts and scrapes on your body. If, however, your injuries are causing you to miss work or seek out quite a bit of medical care, it is important to speak with someone in the legal field.
Make sure to take pictures of any vehicles that were involved in an accident. Take them from different angles so there are no issues later. If people claim that damages were done that were not, you will have solid proof that what they are saying is not what really happened.
However you lose money, document it. The cost of traveling to doctor's appointments, damage to your personal property and time off work are included. You'll need proof to take to court. If you don't bring proof, this cannot be considered in the judgment.
Contact all of the parties that may be responsible for paying for your injuries as soon as you can. The law has certain time requirements, and insurance companies do as well, so to ensure that you are within them you should just contact them right away. Not doing so could mean the end of your claim.
When you suffer a personal injury, you are likely to be filled with fear and uncertainty. But, if you take the time to engage the services of a lawyer specializing in such cases, you stand a much better chance of coming out ok. Keep the advice above in mind in case you find yourself in need.
Auto insurers play hardball in minor-crash claims
ATLANTA, Georgia (CNN) -- If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur -- even if the accident was no fault of your own.
That's what CNN discovered in an 18-month investigation into minor-impact soft-tissue injury crashes around the country. Those are accidents in which there is little damage to the vehicle and the injuries to people are not easy to see by the naked eye or conventional medical tools like X-rays.
Since the mid-1990s, most of the major insurance companies -- led by the two largest, Allstate and State Farm -- have adopted a tough take-it-or-leave-it strategy when dealing with such cases.
The result has been billions in profits for insurance companies and little, if anything, for the public, according to University of Nevada insurance law professor Jeff Stempel.
"We can see that policyholders individually are getting hurt by being dragged through the court on fender-bender claims, and yet we don't see any collateral benefit in the form of reduced premiums even for the other policyholders," Stempel said.
"So I think now we can say to continue this kind of program is in my view institutionalized bad faith."
If you have never heard of the strategy, it's because insurance companies don't want you to know that they are paying out less and less for minor crashes even while their profits soar and your premiums continue to rise.
But after a review of more than 6,000 company documents and court records, interviews with a dozen people nationwide, including former company insiders, and conversations with accident victims, the picture is clear: If you challenge the offer by some insurance companies you will be left with no option but to go to court, where you will be dragged through the wringer.
Expensive, time-consuming
In an affidavit in a New Mexico case where Allstate is being sued, one of the company's former attorneys said the strategy is to make fighting the company "so expensive and so time-consuming that lawyers would start refusing to help clients."
Shannon Kmatz, a police officer and former Allstate claims agent, said company employees were encouraged to get rid of claims quickly and cheaply and even offered accident victims as little as $50, telling them to take it or leave it.
Both Roxanne Martinez of Santa Fe, New Mexico, and Ann Taylor of West Lafayette, Indiana, saw the practice firsthand.
Martinez suffered neck and back injuries when she was sideswiped by a driver insured by Allstate.
After three years, the company finally offered her $15,000 -- a little more than half of what she needed for lost wages and medical bills.
She went to court, and four years after the accident a jury awarded her $167,000 plus interest.
"It's kind of hard when you are thinking they are going to leave you broke. ... That was very stressful," she said.
Taylor was not as fortunate when her case went to trial.
The Indiana nurse was rear-ended by a State Farm employee driving a State Farm car. Damage to her car was minimal but she suffered herniated disc and muscle tears.
Taylor racked up medical bills and lost wages amounting to about $15,000. The company offered her $2,000.
"I was just very insulted," she said.
She sued, but three years later a jury came back with a judgment for her of only $1,500.
The jury didn't believe she could be hurt in an accident in which the vehicle had barely a dent.
Three jurors told CNN photos of the two cars involved in the accident -- enlarged and prominently displayed by the defense -- played a huge role in their decision.
And one said they assumed Taylor had already been compensated by the insurance company and was just trying to get more money.
https://docs.google.com/presentation/d/1tK7Cq0WYE_Jbut9wKINYSEnPSaXFndpmovl-Sg3Focw/edit?usp=sharing