Careless Actions Cause Injuries and Fatalities Every Day

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Every day across the U.S., people suffer severe and potentially fatal injuries. If you’re hurt in a car accident, are harmed by a defective product or pharmaceutical, become injured or ill on the job, or for another reason, it’s vital to know that you have rights.

Depending on the circumstances surrounding your accident, compensation could be available to you to help you get medical treatment, pay your bills, and move on with your life. For example, if someone else’s negligence causes you harm, you could be owed compensation from the at-fault party through a personal injury claim. Similarly, if you lost a loved one in a tragic accident that was not their fault, you could pursue a wrongful death claim.

If you were injured or became ill at work, you could be eligible to seek worker’s compensation benefits, regardless of who was at fault. If a third-party, like a contractor, caused your accident, you could file a third-party claim.

With so many legal avenues for getting the fair compensation you’re owed after an accident, it’s crucial to understand how these accidents happen and what you can do to get the fair amount you’re owed if you’ve been hurt. Here, we’ve provided specific information about workplace accidents and wrongful death claims for you to better understand these cases.

The Dangers of Workplace Accidents

Injuries When a worker is hurt performing work-related duties or becomes ill due to workplace conditions, you might be entitled to benefits through your employer’s workers’ compensation insurance. Workers’ compensation exists to help injured workers get treatment and a portion of their wages as they recover. In exchange for this coverage, the employee typically waives the right to sue their employer for damages.

The most common causes of workplace injuries include:

  • Lifting heavy objects
  • Falling from heights
  • Dehydration
  • Exposure to toxic substances
  • Slips, trips, and falls
  • Repetitive motion injuries
  • Malfunctioning machinery or equipment

A workers’ compensation lawyer in Georgia can help you get the benefits you’re owed, and will make sure the insurance company or your employer don’t wrongly deny or diminish your claim.

Some of the benefits you could be entitled to include:

Disability benefits pay a percentage of the injured employee’s lost wages depending on the extent of the injury and qualifications they meet. There are four types of disability payments:

  • Temporary total disability
  • Temporary partial disability
  • Permanent total disability
  • Permanent partial disability

Medical benefits pay upfront for all necessary and reasonable treatment required to evaluate and treat the work-related injury or illness.

Death benefits are also available for surviving family members that lose a loved one in an accident. If another person’s actions caused your loved one’s death, you could seek compensation for funeral costs and a percentage of their lost wages before the fatal injury or illness.

How to Handle A Wrongful Death Case

If your loved one died because of someone else’s careless or intentional actions, you might be entitled to file a wrongful death lawsuit. According to Georgia law, wrongful death is a person’s death that another party causes with reckless, intentional, negligent, or criminal acts.

It’s crucial that you hire an experienced wrongful death lawyer in Georgia to help you with your case. The legal process is complicated and confusing for anyone who hasn’t gone through it before. If you choose not to seek legal representation, the opposing party might take advantage of that and intimidate you into dropping the case.

There are only a handful of family members that are allowed to file a wrongful death lawsuit. They include:

  • Surviving spouse and minor children
  • Surviving parents
  • A personal representative of the deceased’s estate

Damages refer to the expenses and intangible losses suffered by an accident victim. When you pursue this type of case, you could recover compensation for your expenses and any losses your loved one suffered prior to their death. The available damages include:

  • Medical expenses associated with fatal injury or illness
  • Funeral and burial costs
  • Pain and suffering experienced before the victim died
  • Lost wages and benefits, including what the deceased would have earned if they survived
  • Loss of companionship, care, and other benefits the deceased provided

There’s a statute of limitations you must follow if you wish to pursue compensation from the at-fault party that caused the death of your loved one. The statute of limitations in Georgia is two years. That means you have two years from the death date to file your lawsuit; otherwise, you’ll lose your right.

What to do if you’ve been hurt in Georgia

If you get hurt at work, suffer from a dog bite, or lose a loved one due to someone else’s negligence, it’s recommended that you hire an experienced attorney to represent you. If you were bitten by a dog, for example, a Georgia dog bite lawyer will be able to evaluate your claim, investigate the accident, gather relevant evidence, and demand fair compensation from the person or party that caused you harm.

If you have a worker’s compensation claim, your attorney will make sure your application is complete and accurate and will appeal your case if your employer or their insurer deny or attempt to underpay your valid claim.

If you need a wrongful death lawyer in Georgia, make sure to choose a law firm with the right experience, resources, and compassionate attention necessary to help you and your family recover compensation and get a measure of closure.

Jessica

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.

What Accidents Commonly Cause Traumatic Brain Injuries?

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Traumatic brain injuries (TBIs) cause changes in brain function. Though they may occur spontaneously due to strokes or other medical events that take place within the body, a significant percentage of TBIs are caused by external force. It is the latter that we will concern ourselves with here: accidental brain injuries for which another party’s negligence or recklessness may be to blame. Tragically, there are a great many types of accidents that may result in such injuries.

If you have suffered a TBI in an accident, you are no doubt overwhelmed by physical and cognitive symptoms, not to mention loss of income and financial burdens. Once you have been properly diagnosed and are being treated for symptoms that accompany such severe injury, it is imperative that you or a family member contact a personal injury attorney with experience in brain injury accident cases. A talented lawyer with a history of successful outcomes can mean the difference between an unremitting financial struggle and a secure future for you and your loved ones.

Types of Accidents That Commonly Cause Traumatic Brain Injuries

Though our brains are designed to be well-protected by the bones of the skull, a hard blow or collision can result in severe injury to their delicate tissue. Depending upon what part of the brain is impacted, it is possible to suffer a broad range of symptoms, including:

  • Loss of consciousness (briefly, for a prolonged period, or permanently)
  • Sensory loss (e.g. loss of sight, hearing, tactile sensation, smell or taste
  • Motor impairment, partial or complete paralysis
  • Cognitive deficits, such as memory loss or mental acuity
  • Mood disorders, depression, inexplicable rage
  • Inability to speak
  • Seizures

The harsh reality is that accidents like those listed below may, in a matter of seconds, result in death or permanently alter your life.

Traffic Accident Brain Injuries

As the media makes us aware, serious traffic accidents occur on a daily basis and some result in TBIs. Whether you are driving or a passenger, traveling in a car, truck, bus or trolley, riding a motorcycle, motor scooter or bicycle, or simply a pedestrian, a traffic accident can damage the organ you most depend on.

If someone else is responsible for the serious harm that has come to you, you are entitled to receive substantial compensation. If you were hit by a drunk, speeding, or otherwise reckless driver, were the victim of a poorly maintained public vehicle or a poorly maintained road surface — an aggressive traffic accident attorney will protect your rights.

Sports Accident Brain Injuries

In many cases, so-called sports “accidents” are caused by improper supervision (especially of children and teenagers on school or recreational teams) or defects in helmets or other protective gear. In such cases, a savvy sports injury attorney may well be able to win damages from the school district, athletic organization, camp, or manufacturer of defective sports equipment.

Examples of sports in which you may have suffered a brain injury include:

  • Contact sports like football, hockey or boxing
  • Diving
  • Cycling
  • Horseback riding
  • Basketball or baseball

Don’t just assume that sports injuries are nobody’s fault. It is very possible that you may have legal recourse.

Slip and Fall Brain Injuries (Premises Liability)

While some falls are simply the result of clumsiness or misstep (tripping over your own shoelace, for example), many TBIs occur as a result of someone else’s negligence. If you trip on your neighbor’s property, at a store, office, public building or sidewalk as a result of an unmarked:

  • Hole
  • Obstacle
  • Slippery floor
  • Broken step or banister
  • Falling debris
  • Construction materials

a competent slip and fall attorney may be able to win damages for your injury and its concomitant expenses. Whether your TBI occurs when you’re making a deposit at the bank or walking in your local supermarket’s unsanded icy parking lot, you need a knowledgeable premises liability lawyer to see your case through.

Nursing Home Brain Injuries

It is painful to realize that a certain number of elderly patients in nursing homes suffer severe injuries due to negligence or abuse. While most nurses and aides are dedicated to their patients, some allow them to fall and suffer TBIs by:

  • Not supervising them carefully enough
  • Failing to assist them when they need to go to the bathroom or want to walk, leaving them to navigate unsafely on their own
  • Overmedicating them to keep them submissive, which impairs their balance and makes them disoriented, increasing the risk that they will fall
  • Shoving them or slapping them so that they fall and hit their heads

If your loved one has suffered a traumatic brain injury due to such awful treatment, you should contact a nursing home negligence/abuse attorney to give your family the best chance of obtaining justice. 

Medical Malpractice Brain Injuries

No one likes to admit the possibility that medical professionals may cause injury or disease, least of all doctors or nurses themselves. Still, the grim reality is that a certain number of patients suffer TBIs due to one of the following types of medical malpractice:

  • Anesthesia error
  • Failure to diagnose a condition that might lead to a stroke
  • Misdiagnosis of a brain infection that delays treatment
  • Medication error (e.g. accidental overdose)
  • Birth injuries that occur due to negligent obstetric care

Even though in all but the rarest cases, medical mistakes are unintentional, the person or entity responsible for your loved one’s injury must be held accountable. You will need a skilled brain injury attorney to fight vigorously for the funds that will be needed now and going forward.

What an Accomplished Brain Injury Attorney Will Do to Help

No matter whether the brain injury suffered was one the patient was able to recover from through surgery and/or extensive rehabilitation, or has resulted in permanent disability or death, your lawyer’s job will be to:

  • Investigate the accident carefully
  • Pore over the police report
  • Exam all medical records
  • Interview witnesses
  • Consult with experts who may be able to give pertinent testimony
  • File all required legal documents promptly

More than that, your personal injury attorney will commit to fighting tooth and nail to win you the damages you deserve. 

Recoverable Damages in Brain Injury Cases

TBI cases result in some of the highest verdicts and settlements because the consequences of brain damage are so often catastrophic. How do you calculate what a patient is owed for blindness, loss of memory, constant confusion, loss of the use of one side of the body, complete paralysis? Depending on the particular circumstances, your attorney will seek to provide you with resources to pay for:

  • Medical costs
  • Lost income, present and future
  • Pain and suffering
  • Permanent disability
  • Physical, psychiatric, and occupational therapy
  • Loss of enjoyment of life
  • Alterations to make your home accessible
  • Long-term nursing and home care

Though it is hard to carry on with your life after a traumatic brain injury, with the help of a highly competent, compassionate attorney, you will have the very best chance of overcoming this tragedy and moving forward in a positive direction.

Seth A. Britten

Seth A. Britten, Esquire is a graduate of Drexel University’s Thomas R. Kline School of Law. Mr. Britten also completed his undergraduate studies at Drexel University, where he majored in political science and completed his degree requirements in three years. After graduating from Thomas R. Kline School of Law, Mr. Britten took the Pennsylvania and New Jersey Bar Examinations and was admitted in both states. Since that time, Mr. Britten has worked at Cooper and Schall, where he is mentored by Charles Cooper and Robert Schall and focuses his practice on personal injury cases.

Hiring a Lawyer for an Accident Case in Ontario

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If you want to get remuneration for injuries sustained due to an accident at the workplace or others’ recklessness, a lawyer is the right person to work with. And not just any attorney would be ideal for this type of situation.

In an accident case, personal injury lawyers are the ideal professionals to get in touch with. They are best equipped to help represent your interest and get the much-deserved compensation for your troubles.

Most people have to wait till there is an accident before they go looking for this type of legal representation, and as such, are not adequately informed about how to seek restitution in a law court.

Can you Represent Yourself in an Accident Case?

Is it worth it to hire a personal injury lawyer? Maybe not! You could save yourself the money and get yourself in front of the judge and jury to seek compensation for your woes.

But think about it. Do you know legal proceedings and how to present your case in a law court? This is important if you want to get a good chance at victory.

Another thing is that you’ll only get the chance to represent yourself if you don’t sustain any serious injury. In this case, you will need someone to help you present your case in court. And not just anyone; they have to be good at what they do, so you need all the help you can get to find the right legal representation.

Getting the Right Representation

There is every likelihood you may not have contact with an injury lawyer, but the right thing to do in this case will be to get in touch with an attorney. So you want to see if they know anyone they can refer you to regarding the situation.

Most people don’t mind working with their attorney, who may not have experience handling related cases. It is possible they could provide adequate representation and help present your case. Still, when it comes to ensuring you get compensation, you want someone with the appropriate experience and training. This is why you will need to hire a personal injury lawyer above anyone else if you have the option of making a choice.

Hiring a Personal Injury Lawyer

Again, you don’t just want to get someone with the title into the courtroom as your attorney. They have to be professionally equipped with the training to help you win the case. While many expert lawyers are out there, finding those experienced to represent you in an accident situation may be where the challenge lies. But luckily, there are ways to find just the right service for you.

· Law Firm or Lawyer?

You may have to conclude whether you want to hire a company or work with a professional instead. Getting the right representation is all that matters, and there are no restrictions on who to work with as long as they have experience with legal proceedings and success with accident cases.

If you already have a legal team for your family or business, and there happen to be an accident, there is nothing wrong with getting in touch with them to represent you in your claim suit. However, if you haven’t needed legal representation before the unfortunate incident, there is the chance that you may have to work with an individual.

Another thing to keep in mind is that the cost of hiring a law firm is more than what you will get for working with an individual. So you want to factor all this in when looking for the right representation.

· Experience Levels 

You want to be particular about the experience of whoever you’ll be working with. As a matter of importance, ask about their previous cases and how they could get compensation for their clients.

Also, check through their educational qualifications and request the necessary paper works regarding their profession. If you are working with someone in a lawsuit, you want them to be well versed in the dictates of the law and the matter at hand. So if you have the chance of working with an attorney who has helped someone with a similar predicament like yours, they may be the better choice.

In addition to qualifications and appropriate certifications, you also want to consider the success rate of getting compensation for their clients. If you will be taking the stress to look for one and hire them, they have to be able to get you something that will be worth your troubles (and more). So it pays if you check how they fared with their previous cases.

· Protecting your Rights

This is one of the critical things you want from your injury lawyer. And you should expect the opposition to try and trample on them. Insurance companies hire some of the best legal professionals to represent them in settlement cases, and if you want to defeat them at their game, you need to have someone who understands human rights.

The first thing you want to do is get enough evidence of the accident. A photograph of the incident or eye witness will be ideal for helping push your case. In severe cases, the police may have to check through camera footage around the area to get evidence. But it helps if there is enough to present your case before a judge. You can find more on this website on what to do in the event of an accident.

· Cost of Services

You want to agree on compensation and the cost of services before you hire a personal injury lawyer. This will prevent any confusion later regarding the fee. Most lawyers will charge a percentage of the settlement fee, bill you by the hour, or ask that you commit to a retainer. Whichever one appeals to you should be the best option.

Final Note 

Finding a professional to represent you in an accident claim either in a car crash or at work, you want to work with a personal injury lawyer. They have the training to get you the restitution you need.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Do You Need to Hire a Car Accident Lawyer in Calgary, AB?

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Car accidents can often be the beginning of a life-changing process. The painful and severe nature of vehicle incidents can change family dynamics, alter life plans and cause persistent aches, pains and injuries. Understandably, people often look at these events and demand compensation for the negative influence they have on people’s lives.

When seeking compensation, it is commonly expected that you will seek the professional advice of a car accident lawyer, such as the ones available at www.edwardsinjurylaw.com. These professionals understand the laws that govern these incidents and the steps necessary to pursue compensation legally and forthrightly.

However, it is less common that people consider handling the situation themselves. So, is there any validity to this idea, and what are some of the common problems that occur? Is it worthwhile to skip the lawyer fees? Today we attempt to answer these questions and provide greater information for making your decision.

Do People not Contact Lawyers for Car Accidents?

In short, yes. There are many different reasons why a car accident lawyer might not be the right choice. Millions of minor fender-benders, scrapes and dings occur in every city, every day. Many of these can be settled through insurance companies or direct monetary compensation. Even when it comes to injuries, if only one vehicle is involved, it is much harder to hold someone to account.

Although, that doesn’t always stop people. There are numerous examples of people holding road builders and governments to account for not properly cleaning or building roads or not installing the right amount of safety equipment. Indeed, when you drive through a modern city and critically examine the infrastructure, you can begin to see a clear picture of where people have advocated for better safety standards and consumer protections.

When DO You Need a Lawyer?

With so many minor incidents occurring all the time, it may seem like a car accident lawyer actually only deals with a small percentage of the available cases, and that is not far from the truth. Typically, you need this type of lawyer when you are severely injured, or there is clear evidence of fault in the accident. Impaired driving is a good example of where there is a clear fault.

However, even within this realm, you can still choose to represent yourself if you so wish. It is not advised, though, as dealing with the legal system is often a full-time job and can severely impact the resting and healing you are likely trying to do after a serious incident.

This is where the key benefits of car accident lawyers start to become clear. They are essentially the door through which you can use the legal system to pursue rightful compensation. They will provide you with advice and a path to success that might involve gathering witness statements, interacting with insurance companies and gathering important medical documents.

Ultimately, the chief goal of this process is to draft and deliver a demands letter, which outlines your position and lists your expected compensation. Sometimes this may be the start of negotiations that change over time, but it might also be the catalyst for litigation to begin.

During litigation, the court system gets involved, and a judge or jury will have the opportunity to decide which side is in the right. Although this is a longer and more expensive process than settlement, it can be an important tool in achieving your compensation goals.

To learn more about car accident lawyers, the benefits they provide to those suffering from an injury, and how to utilize their services to the best of your abilities, contact your local professional today!

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Pursuing Compensation After Suffering A Spinal Cord or Burn Injury

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Serious injury accidents happen every day. Whether you’re driving in your car, at work, or walking in a grocery store, you could encounter hazards or careless behavior that leads to an accident. When someone causes you harm, you could pursue legal action against them.

Some injuries are minor, while others are severe or life-threatening. If you require medical treatment and incur a range of costs, you might not be able to afford it. If this has happened to you, a Houston burn injury lawyer should be consulted right away. With the right legal team on your side, you could recover fair compensation to cover your medical bills, ongoing therapy and treatment, lost wages, loss of future earnings, disfigurement, and pain and mental anguish.

Below, we’ll talk about what types of accidents could result in a spinal cord or burn injury, and what to do to protect yourself or your loved one if the unthinkable happens.

Types of Accidents That Result in Spinal Cord or Burn Injuries

Various incidents could lead to burns or spinal cord damage. Any situation where one person’s careless actions lead to someone’s injury or fatality would fall under the broad category of personal injury. The most common personal injury accidents include:

  • Workplace accidents
  • Motor vehicle crashes
  • Slip and fall
  • Products liability
  • Premises liability
  • Dog bite or animal attack
  • Medical malpractice

Any of these could result in a burn or spinal cord injury. It depends on the factors surrounding the incident and how it occurred. Houston spinal cord injury lawyers can review the elements of any case to determine which accident type it falls under and how to proceed.

Take Legal Action Immediately After An Accident

If another person causes you harm, you must follow the steps below to protect your rights to financial compensation. You should begin the legal process immediately after the accident and seek legal representation. Houston burn injury lawyers have the knowledge and resources to handle a case like yours effectively and pursue the maximum monetary award available.

Step 1: Obtain information at the accident scene, such as names and phone numbers of everyone involved, photos, and evidence. If you were in a car crash, ask for the other driver’s auto insurance information. In situations where you get hurt on another person’s property, you should ask for the business or property owner’s liability insurance details.

Step 2: Report the incident. Call 911 or notify someone of what happened. A police/incident report can be useful in showing the events leading up to your injuries and who caused it.

Step 3: Talk to anyone who witnessed the incident. Write down their names and contact information. They could provide witness statements during an insurance claim or lawsuit to help you prove you deserve compensation.

Step 4: Go to the doctor. Seek treatment immediately after sustaining an injury. If you wait too long, that could impact the outcome of your legal case. Insurance companies typically don’t pay out that much money to someone claiming to suffer a spinal cord injury but waiting two months before seeing a doctor. A gap in treatment won’t help you, so undergo an evaluation after the accident and continue following up until you recover.

Step 5: Maintain records of everything. Keep a copy of all documentation associated with your case. That includes billing statements, medical records, and insurance company letters. Sufficient evidence is necessary in personal injury cases to prove who was at fault and who suffered harm.

Step 6: Speak with Houston burn injury lawyers and retain one of them to assist you with your case.

If you were the victim of an accident and suffered injuries due to someone else’s carelessness, experienced Houston burn injury lawyers like those at Gibson Hill Personal Injury could help you get compensation and a measure of justice.

You should never have to pay out of pocket if someone else’s carelessness or negligence caused a severe and lasting injury. Spinal cord injuries and brain injuries, in particular, can impact a person’s life for years or possibly permanently. Take the first step toward rebuilding your life by calling an attorney to discuss your case in a confidential setting. From there, you can rest easier knowing that someone is on your side and will help you get justice.

Jessica

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.

Is It Worth Hiring a Personal Injury Lawyer in Calgary?

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The question we set out to answer today is “Is It Worth Hiring a Personal Injury Lawyer,” and this is a worthy one. For many people, the concept of a long, drawn-out legal battle can sound tedious, painful and perhaps fruitless. Plus, the misconception that lawyers are expensive and deceitful does no favours in convincing the general public about their ability to assist in these matters.

However, the short answer to this question will always remain the same; yes, personal injury lawyers are a worthwhile investment. Below, we explore how these professionals help their clients, clear up misconceptions about their fee structure and showcase their unique ability to navigate the confusing and complex world of law.

How They Help

There are several methods for personal injury lawyers to help you achieve your goals. For example, they provide information and expertise in the specific version of the law that they practice. They can also deal with the legal requirements and notifications required for dealing with health insurance, employee compensation, corporate policy review and many other technical components of your civil action.

However, they also assist in litigation and trials. In fact, you will likely not go into litigation without first consulting with a personal injury lawyer, as their first option is typically to pursue a settlement outside of the courts. This action helps save their clients money, reduce court wait times and allow for the peaceful resolution of many of their regular cases.

How They Charge

Unlike other lawyer types, personal injury lawyers usually charge only at the conclusion of the case. They do this to ensure their services were beneficial and that a settlement has been reached. This makes them very worthwhile as they are assuming all of the risks if the case does not reach fruition, and it helps their clients save money and stress for the other important parts of life.

However, you will also have to consult with an individual lawyer to determine if they use this pay structure. The world of law is wide and varied, which means that many lawyers can set their own requirements for representing clients through a variety of legal cases.

How They Navigate

Finally, personal injury lawyers are well-versed in the type of law that they practice. Of course, this is expected of them, but there is a real benefit to having someone knowledgeable about possibilities and processes on your team. While it is possible to represent yourself without legal counsel, this can lead to problems, delays and other negative consequences that require further education and understanding to defend against.

To put it another way, representing yourself in a personal injury claim might be acceptable for a straightforward case. But, at the first complication, you must dive into another set of legislation and law that is open to interpretation and ensure you fulfill your obligations correctly. And then, with another change, your knowledge and research must again shift to suit the needs of your case.

Conversely, the lengthy schooling, testing and training requirements of lawyers develops in them a very unique skill. It isn’t necessarily that they have all of this information in their mind, like a giant library. Rather, they are adept at navigating the vast fields of law and can look into each aspect of a case with aplomb and ease.

All in all, this qualifies them to deliver a high-quality service that provides real value to their clients and streamlines the legal process through various methods. Visit www.edwardsinjurylaw.com for more information today!

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What to Do if Insurance Company Denies Your Personal Injury Claim in Texas?

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Getting your personal injury denied can be a stressful and frustrating experience. The denial of your personal injury claim can be an unpleasant surprise when you need money to cover your medical expenses but cannot earn a living because of your injury or disability.

Luckily, there are things you can do to deal with the denial of your personal injury claim and pursue the compensation you deserve. If you believe that your claim was mishandled or denied unfairly, it is advised to speak with an experienced personal injury attorney in Texas.

Was the Denial of Your Injury Claim Wrongful?

When an insurance company denies a personal injury claim for an illegitimate reason or no reason at all, the denial is considered wrongful. Wrongfully denying or delaying payment of an injury claim may constitute an insurance bad faith practice in Texas.

As a rule of thumb, denial is considered wrongful when the insurer fails to provide a reasonable explanation or does not give any explanation for the claim denial. If the insurance company rejects your claim, it is critical to find out exactly why the claim was denied, consult with a lawyer, and consider appealing the insurer’s decision.

Texas has laws that protect policyholders from insurance bad faith practices. Common forms of insurance bad faith include:

  • Lack of communication
  • Putting pressure on the policyholder to accept an unfair settlement offer
  • Changing or canceling a policy without explanation
  • Delaying investigation into a claim
  • Delaying payment on a valid claim or refusing to pay
  • Failing to approve or deny a claim within a reasonable amount of time
  • Denying a claim for an illegitimate reason or without cause

If an insurance company is engaging in any of these or other unfair or deceptive practices, talk to a skilled personal injury attorney to explore your legal options.

Common Reasons for Claim Denials in Texas

Insurance claims adjusters must review each claim and find reasons for the denial. Common reasons for claim denials include:

  • Failure to file a claim on time. In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the accident. Failure to bring a claim within the time window will bar you from seeking compensation through a claim.
  • Providing incorrect information when filling out a claims form.
  • Failure to provide the necessary documents to support your claim.
  • Your injury or condition is not covered under the policy.
  • Lack of medical evidence to prove the severity of your injury.
  • Your injury is a pre-existing condition. In other words, the injury for which you are filing a claim occurred before the date of the accident.
  • The nature or location of the accident is not covered under the policy.
  • The insurance policy has expired or lapsed.
  • Lack of evidence to prove that the insured was responsible for your injury.
  • The at-fault party is not covered under the policy.

What to Do if Your Personal Injury Claim Was Denied in Texas?

If your personal injury was denied, you should take the following steps to appeal the insurance company’s decision and fight for the compensation you deserve.

Find Out Why Your Personal Injury Claim Was Denied

Before appealing the insurer’s decision to deny your claim, it is important to figure out why the claim was rejected. While insurance adjusters may deny claims by mistake, many claims are denied for a legitimate reason. There are also cases when personal injury claims are wrongfully denied.

Collect Evidence to Support Your Appeal

If you are planning to appeal the insurance company’s decision to deny your personal injury claim, you will need to gather sufficient evidence to support your appeal case. Evidence may include witness statements, photos from the scene of the accident, surveillance footage, police report, medical records, and others.

Appeal the Denial of Your Claim

If you believe that your claim was wrongfully denied, you can appeal the insurance company’s decision. The appeal can be made directly through your insurer in Texas. When appealing the insurer’s decision, you will have to submit all relevant evidence to challenge the denial of your valid personal injury claim.

If you appeal the insurance company’s decision and your claim is denied again, you will have to bring this issue to the Texas Department of Insurance, which investigates claim denials.

Contact an Attorney

Last but not least, it is important to speak with a knowledgeable attorney if your injury claim was denied or the insurance company is trying to settle your claim for the lowest amount possible.

If you are represented by a Houston personal injury attorney, your lawyer will help you gather evidence to challenge the denial of your claim and appeal the insurer’s decision. Also, if necessary, a lawyer will take your case to trial to fight for fair compensation on your behalf.

Conclusion

Getting your personal injury claim denied is a frustrating experience. Since many claim denials occur due to an error and other claims are denied for an illegitimate reason, you may be able to appeal the denial of your personal injury claim in Texas.

You will need to find out the reason why your claim was denied before you can appeal the denial of your claim in Texas. It is advised to hire a personal injury attorney in Texas to appeal the insurance company’s decision and fight a wrongfully denied insurance claim.

Johnson Garcia, LLP

With more than two decades of combined legal experience, attorneys Daniel Johnson and Juan Garcia at Johnson Garcia, LLP, represent personal injury victims to seek the compensation they deserve.

Does Your Injury Qualify for a Personal Injury Claim in Florida?

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After sustaining an injury because of intentional acts or negligence of another person, the injured party may wonder, “Does my injury qualify for a personal injury claim in Florida?” and “Am I entitled to financial compensation?”

Generally speaking, in Florida, you may be eligible to pursue a personal injury claim if you suffered any bodily injury or emotional harm due to someone else’s intentional act or negligence.

Intentional Act vs. Negligence When Pursuing a Personal Injury Claim

Under Florida’s personal injury law, everyone has a legal obligation to exercise due care to avoid causing harm to others. For example, a driver owes other motorists, pedestrians, bicyclists, and other people around them a duty to take all reasonable precautions to drive in a safe manner at all times. If the driver breaches the duty of care, the injured victim may be entitled to financial compensation through a personal injury claim.

Also, the Florida Statutes Section 772.104 provides that a victim of a criminal act such as assault can pursue civil damages against the attacker even though the offender intended to cause harm.

When Are You Eligible to File a Personal Injury Claim in Florida?

Common situations in which an individual may sustain an injury and qualify for a personal injury claim in Florida are:

  • Automobile accidents on the road involving cars, trucks, motorcycles, pedestrians, or bicycles
  • Boat accidents
  • Assault and battery
  • Workplace injuries caused by third parties
  • Medical malpractice
  • Slip and fall accidents
  • Amusement park accidents

Your injury may qualify for a personal injury claim in Florida if the person or entity that caused your injury intended to commit harm or was merely negligent or careless. Since Florida is known as a no-fault auto insurance state, the other party’s intent or fault for a car accident does not always matter when it comes to seeking compensation for a minor injury. However, things are a bit different if you suffered a serious injury.

What Happens if Your Injury is Serious?

Under the Florida Statutes Section 627.737, your injury must meet certain criteria in order to qualify for a personal injury lawsuit against the at-fault party. Suing the motorist who caused your injury may be the only option to receive compensation when you have exhausted your Personal Injury Protection (PIP) coverage.

Since your PIP policy may only cover your medical expenses and lost wages, you have to file a personal injury lawsuit against the at-fault party to recover additional damages, including emotional distress, diminished qualify of life, pain and suffering, and others. However, your injury must qualify as “serious” in order to sue the negligent motorist who caused you harm.

The Florida Statutes Section 627.737 defines a serious injury as any of the following:

  • Significant/permanent loss of a vital bodily function
  • Permanent injury or trauma within a reasonable degree of medical probability
  • Permanent or significant scarring or disfigurement
  • Death

What if Your Damages Exceed the PIP Insurance Policy Limits?

In Florida, motorists are required to purchase Personal Injury Protection (PIP) insurance to cover their own medical expenses, lost wages, and certain other damages in the event of a car crash. Regardless of fault, PIP insurance is primary, which means an injured individual must first file a claim with their own insurance company.

However, if your injury is serious and your damages exceed the policy limits, you may be able to pursue additional compensation beyond your PIP coverage by filing a personal injury lawsuit against the at-fault motorist. However, if you want to seek additional compensation or wish to recover damages beyond your medical expenses and lost wages, your injury has to be serious to be able to step outside of the state’s no-fault insurance system.

What Can Affect the Value of Your Personal Injury Claim?

In Florida, an injured victim may be entitled to recover three types of damages:

  1. Economic
  2. Non-economic
  3. Punitive

The value of your personal injury case may depend on a multitude of factors, including:

  • The type and severity of your injury
  • Your overall health and age
  • The effect of your injury on your daily life and ability to work
  • Whether your injury or its effects are permanent
  • Past and future expenses associated with medical treatment

These are just a few factors that must be considered to calculate how much your personal injury claim in Florida is worth. It is advised to consult with an experienced attorney to help you determine whether your injury qualifies for a personal injury claim, protect your legal rights, and make sure that you are getting the compensation you deserve.

Zimmet & Zimmet

Attorneys Ronald Zimmet Sr and Ronald Zimmet Jr at Zimmet & Zimmet offer a free consultation to help injured victims determine whether their injury qualifies for a personal injury claim in Florida. Speak with a Daytona Beach personal injury lawyer to discuss your unique case.

Can I file an Ohio personal injury lawsuit for a motorcycle accident if I was hit by a car while not wearing a helmet?

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If you were hit by a car and injured while riding your motorcycle without a helmet, you still may be able to pursue an Ohio personal injury claim depending on several variables. However, to best determine one’s rights and ability to make a legal recovery, those who were injured in an Ohio motorcycle accident should speak with a Columbus motorcycle accident attorney in a timely manner to discuss their specific facts and circumstances.

Pursuant to Ohio law, motorcyclists and their passenger are required to wear a helmet if the operator is under the age of 18 years old, or if the operator holds a motorcycle operator’s endorsement or license bearing a “novice” designation. For purposes of this article, a “novice” is one who has only had his or her motorcycle endorsement for less than a year. Those who do not fall into either category may ride their motorcycle legally without a helmet. However, due to the high risks of injury that cyclists face due to their exposure, cyclists should be encouraged to wear a helmet for safety reasons.

Aside from the high risks of significant injuries, not wearing a helmet may also affect one’s ability to pursue a personal injury case or make a full recovery for his or her injuries. Under Ohio law, if a jury or judge finds that the injured individual was comparatively at-fault for causing his or her injuries, that person’s legal recovery will be reduced by the overall percentage for which he or she is found to be at-fault. For example, if the injured individual was found to have been 10% at fault and obtains a $100,000.00 jury verdict, his or her recovery would actually be reduced to $90,000.00. Worse yet, if the injured person is found to have been 51% or more at fault, that person cannot make any recovery and will not be able to purse a personal injury claim.

When one is injured in an Ohio motorcycle accident, determining fault and avoiding the anticipated legal defenses associated with not wearing a helmet can be difficult to navigate. One should also anticipate that legal defenses associated with not wearing a helmet will be prevented. For example, if one suffered a traumatic brain injury or spine injury, or worse yet was killed, the defense attorney or insurance company likely will argue that the injuries or death was caused by the decision to not wear a helmet.

Overcoming these arguments, as well as the other defenses that likely will be presented, can be challenging. Having a Columbus personal injury attorney represent you in your personal injury claims can help ensure that those arguments are defeated and that you are fully compensated. At the law office of Brian G. Miller Co., L.P.A., our Columbus personal injury attorneys provide expert legal assistance to those who have been seriously injured or killed as a result of a motorcycle accident. If you or a family member has been injured on a motorcycle due to a collision or a crash caused by the negligence of a careless driver, our motorcycle accident attorneys in Columbus, Ohio will advocate relentlessly on your behalf to secure the best recovery possible. Please call (614) 221-4035 or click here to send an email to schedule a free, no-obligation consultation.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Simplify Insurance Claim Texas

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A quick look at the insurance claim process for the common people 

An insurance claim is a formal request made by a policyholder to an insurance company for reimbursement of loss caused by a policy event. The policy event, also known as the ‘risk’, is usually a car accident, fire, or anything that causes damage to property. Once, there is a claim; the insurance company determines its validity. If approved, the insurer will either:

(1) give you money as compensation, or
(2) the insurer will pay for any of the liabilities you incurred.

In a nutshell, that would be the entire claiming process. However, there are many things policyholders do not consider when making a claim. The whole process can be a bit complicated, and a misstep can lead to the denial of your claim.

Don’t fret! In this article, we’ll simplify the process, and enumerate the dos and don’ts of making an insurance claim.

INITIAL CONSIDERATIONS

UNDERSTAND THE COVERAGE OF YOUR POLICY

You, as the policyholder, must know the risks covered by the policy. Auto insurance, health insurance, life insurance, fire insurance – there are many kinds of policies. Understanding the difference between them is vital. Don’t expect to claim anything from a car insurance policy when you’re diagnosed with diseases!

The policy also lists the documents you need to prepare when the risk occurs. Study the policy thoroughly. Ensure that it fits the needs of your family or business.

DON’T FORGET TO PAY YOUR PREMIUMS

You won’t be able to claim anything if you fall behind in paying your premiums. Always keep the receipts as evidence of its payment. Policies usually grant a grace period if you miss out on an instalment. Nevertheless, if you feel like you won’t be able to pay on time, attempt to sort things out with your insurance agent.

THE INSURANCE CLAIM PROCESS

1. EVALUATE THE VALUE OF THE LOSS

Once you suffer a loss from a policy event, immediately assess the value of such failure. Afterwards, determine whether the damage is less than your deductibles.

A deductible is an amount you are responsible for paying for concerning the loss. When you suffer from the policy event, the amount is in effect deducted from your claim.

To illustrate how this works, a policy has a $1000 deductible. The insurer’s assessment states that the total value of the loss is $5,000. In this instance, the $1000 amount shall be borne by you, and you will be receiving $4,000 should you make a claim.

In effect, the $1000 deductible is a threshold you need to consider before filing an insurance claim. Always ask yourself: Will my claim be higher than the deductibles? Suppose that in the same example, you suffered a total loss of $1300. Would it be worth the hassle to file a claim for a $300 payout?

Quantifying the loss is an essential step before you attempt to make an insurance claim. It’s a good idea to file a claim only when the total loss is much higher than the deductible. On the other hand, filing a claim even for a small payout can assist you in times of financial struggles.

2. REPORT THE RISK WHEN IT OCCURS

Contact your insurer immediately if you think the total loss is more significant than your deductibles. Most insurance companies have 24-hour customer hotlines, so keep their contact information updated and ready.

Additionally, contact the police when necessary. A police officer will assist you in making a police report, which is often a documentary requirement when making claims. Likewise, some insurance companies even call the police when verifying the loss. Hence, be honest when narrating the facts to your insurer and the officer.

3. GATHER AND SUBMIT THE REQUIRED DOCUMENTS

Imagine the stress of being in a car accident! To avoid scrambling at the last minute, always keep a list of the documents you need to prepare in case you need to make an insurance claim.

Insurers can be very strict with the documents they require. Records must accurately state critical facts, such as the amount of the loss sustained. Receipts can be proof for the amount of loss. Other evidence of loss can come in the form of police reports, photos, and videos.

For health and life insurance, your healthcare provider can make a claim for you. Alternatively, you can make a claim yourself by preparing the required paperwork.

4. GET A LOSS ASSESSOR OR CLAIMS ADJUSTER

Insurance companies may also opt to appoint a loss assessor. This usually happens when the incident is complicated and requires technical expertise. Be honest when communicating with the assessor. A slight hint of dishonesty or a cover-up for the actual loss can lead to the denial of your claim.

In some policies, however, the appointment of a loss assessor is optional. Nevertheless, you may opt to get an independent claims adjuster. This ensures an accurate assessment of the loss and speeds up the process of settling the claim.

5. KEEP THE INSURED PROPERTY INTACT

In property insurance, it is essential to preserve the damaged property. This is to ensure an accurate assessment of the loss, should the insurer send an assessor.

Suppose a fire gutted your business (which is covered by a fire insurance policy). Once it’s extinguished, don’t attempt to clean the rubble just yet. Take photos and videos. Call your insurer so they can send a loss assessor.

For some auto insurance policies, an assessment of the loss is a requirement before a payout. Hence, when you suffer from a car accident, keep the remains away from further damage.

COMMUNICATE WITH YOUR INSURER

When you keep up with your premiums, always expect good service. If there’s something you don’t understand in the policy, contact your insurance agent. During the assessment process, be upfront with the claims adjuster so you can get an accurate assessment. Do not withhold any evidence regarding the risk.

Some insurance companies have a reputation for being stingy with claims. From time to time, make a follow-up on the claims process. Do not be afraid to inquire when the assessment is moving at a snail’s pace. Your insurance agent should be able to walk you through the entire process.

When the insurer fails to deliver on the policy, inquire with a lawyer. Above all else, a policyholder is a consumer. Therefore, if you aren’t satisfied with how the insurer handles your claim, take the legal action, if necessary.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.