Carter Morey

 

There might be times when you plan to file a lawsuit for personal injury over a car accident, but then you ask yourself if it’s worth it. The answer you’re looking for depends on how the injury has damaged you monetarily, physically, and mentally. Continue reading “Damages: How Much Is A Personal Injury Case Worth?”

Every measure of the personal injury claim process impacts the final settlement value. Sometimes, regardless of the damage and injury, not all cases end up the same. Some people receive the right amount they desire, while some do not deserve what they get. Perhaps that is because some individuals are not handling their cases well or maybe doing things the wrong way. Some are not consulting a lawyer, and others tend to let it go. As a result, some receive a settlement claim, and some do not.

Mediation Process For Resolving Personal Injury Claim

Studies show that almost a huge percentage of personal injury cases settle before reaching a trial. Perhaps that is due to the mediation process involved. It serves as an affordable and less-hassle process of getting a fair settlement of a case. In certain jurisdictions based on some countries, mediation for a personal injury claim is mandatory. That is because it provides effective communication between a claimant and the insurance adjuster. There is the value of creating an impact of what an assessment should worth.

How Does It Work?

Usually, personal injury mediation gets scheduled for a half or full-day, depending on the required schedule that both parties agreed upon. There are five participants involved in the mediation. There are the claimant and his lawyer, the insurance adjuster, and his lawyer as well, and the mediator. These five individuals get set into a situation where they discuss how both parties could end up in a win-win resolution. That is without resorting to an expensive and draining process of going to trial. The mediator, in this particular instance, tries to narrow down the issue by finding both parties’ common ground. He is responsible for reminding both parties about the benefits of a successful resolution instead of dealing with the expenses and complications of a lengthy trial. Typically, the process of mediation begins by allowing each side to speak and listen to each other. It gives a claimant a chance to express how difficult his situation is due to the effects of the incident. Also, it gives the insurance adjuster a chance to think about the possible ways to hand out reasonable settlement offers.

When Does It Most Likely To Succeed?

The process of having a positive settlement result from the mediation must be organized. That is because insurance adjusters often attend to personal injury mediation with the value they believe is enough settlement for the claimant’s case. That is, of course, based on the evidence they gathered from the claimant’s lawyer. But if the lawyer managed to give a job well-done, the insurance adjuster will start to process the necessary action to work on the claimant’s settlement request properly. That is when the claimant never agreed to the value the insurance adjuster tends to offer at first. The mediation can impact the settlement case by allowing both sides to study more about both parties’ win-win situation.

Mediation can be a good thing too. But for some quite massive damage and life-long injuries, one also needs to consider a trial still.

Personal Injury Claims

Whenever there are tort claims, regardless of what it is about, intended or not, through negligent acts, or by strict liability, there are two fundamental issues there. They are liability and damages. If you got damaged, then will the defendant be liable for it and what are the extent and nature of these said damages? If you can prove them, the justice system will reward you compensation. Continue reading “Overview On Personal Injury”

A vehicle accident can cause personal injuries and sometimes wrongful death cases. By that, some people become unable to process their loss. There is too much damage involved, and often, it gets disregarded due to a lack of knowledge in doing the right thing. However, for those individuals who understand that insurance companies can assist them on that matter, they make an effort to process the needs for a settlement claim. But how would you know if the insurance is being honest with you? Here are some of the secrets these insurance companies are trying to hide from you.

Recorded Statements Can Hurt Your Claim

As much as you thought that getting a statement is an insurance protocol, you must not give into it. Insurance companies will try their best to encourage you to hand out a recorded statement. The primary purpose of this is to reduce the amount of settlement money that they will have to pay you once you start processing your claim. The whole idea of recording your statement is tricky. So before giving any explanations, you might as well consider asking for a lawyer’s help.

The reason why a recorded statement is so dangerous is due to the questions designed to get used in going against you later. Some of it may seem typical questions, but its purpose is to put you in a situation where you can no longer use your words against them. People often make mistakes in doing this because they either think that they have to give a statement or else the insurance company will not pay their bills or even fix the car.

One of the most frequent questions that insurance companies will try to ask is the type of injury you get from the accident. When you miss out telling them one injury you have, the insurance companies will use it against you and later accuse you of lying. With that, your credibility will become an issue. The insurance companies will note that you are only indicating your forgotten injury to the sole purpose of creating a profit out of your claim. But in fact, that is not the whole truth.

If it is not at all clear, insurance companies’ desire to get an immediate statement from you is due to the purpose of confusing you. There is this idea of making you guess what happened in the accident. So when you make a recorded statement about the things you are not sure about the incident, you can never take that information back. There is no way you can change those details even if you tend to remember things accordingly right after the interview. And when you present that changed details in your case, the insurance companies can use it against you by implying that you are only exaggerating things.

So if ever you experience a car accident, the first thing you will have to do is not give a statement and seek a professional advisor. Do not allow the insurance companies to take a step ahead of you if you want to get that personal injury settlement you deserve.

In the last discussion on how to get the right amount of personal injury settlement, three significant factors get handed out. There is the establishment of liabilities, keeping information safe and secure, and process a medical diagnosis. In this article, there is some additional advice that you can follow aside from the given ones. Let’s move on to the things you should do to double your personal injury claim.

Follow Your Doctors Treatment Orders

In relation to the last article’s subtopic, where it discusses something about getting a diagnosis, you need to work on following a professional’s medical advice. Yes, it may seem so self-explanatory, but that is sometimes the problem with individuals with a personal injury claim. They do not listen to their doctors. There is this mentality that because they have a lot of things going on with their life, their responsibility in keeping their health stable becomes not so important anymore. But it shouldn’t have to be like that. You must follow up with your doctor’s treatment orders and recommendations. That is because those pieces of information, such as your schedules, appointments, and recovery, are essential in getting you the right amount of personal injury settlement.

Keep Records Of Your Bills

On some occasions, you might need an attorney to help you out on your personal injury claim. But for most instances, you do not have to. As long as you keep those records of your medical bills, you can make a good flow of your initial step for your claim. Well, it sometimes takes an extended period to get that settlement you need. But do not fret. Once you are done with your treatment or after you get out of the hospital, you can request the provider to settle your bills and records. You have to compile and organize them accordingly so you can make a possible demand for the insurance company. Submit all the necessary details needed and put some notes of what you have been through.

Hire A Professional

Yes, you might need to hire a professional at some point to be able to get the right amount of personal injury settlement. The person will be responsible for handling every follow-up and outstanding issue related to your case. That is because sometimes, there are insurance companies that might use some of your preexisting conditions as a turning point for not releasing any personal injury claim. Some may convince you that your injury is not at all related to the accident. That is not something you would wish to happen. Therefore, you have to allow a professional to guide you on that matter

Getting in a car accident can become physically damaging. However, the process of a personal injury claim is more stressful and exhausting. So make sure you understand the necessary things you have to do to get the right amount of settlement you deserve. Never allow the insurance company rips you off of your personal injury claim.

In case of a vehicle accident where you genuinely know that it is not your fault, you have to make sure to get the right settlement. That is especially when there is an injury involved. You need to ensure to receive the best amount the guilty will have to offer. Because if you don’t, you will soon end up getting little to no compensation for the damage the guilty person has caused you. Think about it. There will be too many expenses that you will have to handle eventually. These include medication, medical bills, and fewer paychecks. Sometimes, it also adds even some of the car repair that the insurance might refuse to cover. So how can you ensure to make the best amount form your personal injury claim?

First Establish Liability 

It is a common scenario that the insurance company often wonders who might cause the accident. That particular idea is something you should take care of as soon as possible. You need to establish liability by keeping pieces of evidence that will keep you off the wrong side. You can get photographs, videos, and audio recordings at the scene. You can also try and talk to some people who witnessed the incident. And if you can, try and get a copy of the police report of the event. Usually, it is an accident exchange sheet with a report number. Make an effort to track down all the necessary information that can help you in establishing liability.

Never Give Statements To Any Insurance Companies

In dealing with a personal injury claim, two insurance companies appear involved. The one is yours, and the other is from the person that hits you. Usually, both of these companies will attempt to call or contact for the request of a statement from you. Though you might seem to recognize the process as a protocol, it would be much better if you try and hold valuable information to yourself. These include the occurrence of the incident and your injuries, as well. Yes, you will have to give a statement one way or another. But, it is vital that you first consult an attorney so you wouldn’t get tricked. Let’s say it is for future reference.

Get Diagnosed For Your Injuries

Honestly, most insurance companies will try their best to prevent themselves from paying you the right compensation. With that, their main goal is to look for ways to minimize your claim as much as possible. That is regardless if you suffer from a personal injury. What you can do is get diagnosed for any injuries you might have. Meaning, if you are not feeling okay internally, do not just sit there and assume that the insurance company will acknowledge your claim just like that. They will never listen to you, and they will never believe things based on what you tell them. Allow a medical professional to assist you with your diagnosis.

These are just some of the things you can do. There are a lot more pieces of advice that guarantee you help. Stay tuned for more of this article.

Let’s say you get injured as a result of a reckless automobile incident or other personal injury incidents.

After a car collision on the Interstate caused by Kelly texting and driving, Kelly finds herself in the hospital with minor injuries. Next door, she can hear the doctor and parents of a person that was put into a coma with severe head injuries from the same accident. — Ron Breazeale Ph.D.

Of course, you can’t just go to your local insurance, present a diagnosis from a psychologist or therapist, and demand something from them. The whole thing needs to run in a specific process of local court settlement. Most of the time, the procedure is very exhausting. There are lots of confusions and stress that will take its toll not only on you but to all the people involved. Now, if you are wondering how to avoid those unfortunate instances and maximize the value of a personal injury case, here is what your lawyer wants you to understand.

The reality of handling a personal injury case is that you need your case to get built. That is because a lot of instances, the other side or the insurance company and its attorneys aim to pay you a little. There is no doubt about that because these companies are big businesses, and they are an empire of billions of dollars. One way they make money somehow relies on their capability to fight and lower down a personal injury claim. Most of the times, these insurance companies are eager to give and pay you the least amount of money as much as possible.

Building The Case

One thing you need to understand before going in a court settlement with a big company is first to find the best and trusted attorneys that will help you. These people should know how to handle a personal injury case so they can ensure a liability. These professional individuals are responsible for interviewing witnesses, talking to the police, taking pictures of the scene, and gathering more information on the incident, and all that. On your case, if you have been hurt and still in pain, you must try and get better. With that, you need to see the right health treatment providers that can make a corresponding diagnosis that is accurate. These medical health professionals can put you in a rehabilitation program that secures a faster overall recovery. With that, you need these two individuals to support you on your insurance settlement battle.

Personal Injury Value

However, although the process of gaining a faster recovery is excellent, the condition of the situation will have a specific settlement value. Unfortunately, a quick recovery is not the highest value. With that, you may experience a little disappointment in terms of fighting with the insurance companies. That is because the insurance business will only look after physical recovery. But in terms of overall internal healing that takes a while, the process appears ignored. With that, you may expect a lower value to a personal injury claim.

…even though wearing seatbelts reduces the risk of death or serious injury by roughly 50%, 1 in 7 people still do not wear seatbelts when driving. — James F. Zender Ph.D.

What most insurance companies fail to see is the life-long damage of an unfortunate incident to those people who are involved in it. And since these companies goal is to give you a small percentage of what you should receive for recovery, the whole situation becomes exhausting. Sometimes, it is so frustrating that you would start compromising less for yourself. That is the reason why a personal injury attorney should look for a way to help you in your claim.

Yes, there are cases that therapy treatments and medication work faster. However, with a faster recovery are the underlying effects of the incident. That is the reason why other injured people with severe physical and mental conditions settle with a considerable amount of money.  That is due to the permanent damage from an unfortunate incident, where at times, take long periods of treatment and recovery.

“Accident” has a very clear connotation of randomness, and if you can predict accidents, then they are not random. Researchers instead opt for more clunky but less misleading terms like traumatic mishaps. — Christopher Peterson Ph.D.

Useful Insight

It is essential always to remember that when trying to go after an insurance claim, you have to work with the people who are truthful to their job. The attorneys and medical professionals must work together and aim to give you the right insurance benefits you deserve. You have to make sure that these people keep your injury from getting worse and provide treatment as much as possible. Also, you need to find the courage to trust them with all your records so they can use it as a reference to support the personal injury claim.

Trying to convince an insurance company that you are still going through a lot of pain after treatment is sometimes a struggling and exhausting process. It can cause a lot of stress and anxiety. Do not let that get into you and seek help from BetterHelp. You can look for great reviews at verywellmind.com about their support groups. You can also send a message on their Facebook page.

Remember, when you know you are working with the right individuals, you can entirely manage to deal with the situation in a less stressful way.

 

Source: incabizgrowth.com

As a personal injury lawyer, I often hear this question from a lot of my clients who are being treated by mental health therapists and other clinicians. The answer to this depends on your response to what I ask you: Do you think your treatment may be the cause of your injury? If you do, then you can claim the procedure and consider it part of the damages you incurred. However, whether the insurance company or the jury acknowledges, that is yet another story.

About Personal Injury

For personal injury cases, the person who is injured (the client) is entitled to acquire damages for everything that he incurred that have resulted from the opposing person’s negligence. Medical expenses that were spent by the client including those that are in the list of things to buy for treatment must all be covered by the claim.

Therefore, if the client (plaintiff) is provided with mental health treatment from a therapist, psychiatrist, or psychologist due to mental or emotional problems that are associated with the resulting damage, the client can include the treatment and claim for injuries. However, the claim may or may not be accepted. Why? Read on.

Most lawyers, including me, would agree that the most effective way to get compensated for mental health treatments to be included in a personal injury claim is to ask the opinion from a certified health care professional. This health care professional must vouch that a patient’s emotional or psychological illness is indeed directly or indirectly a result of the specific accident.

Mental Health Therapy As Part Of Medical Treatment

The category of medical treatment in personal injury damages is quite comprehensive. Clients can be refunded of their medical expenses not only for basic treatments such as regular checkups, admissions, physical therapy, radiology, and medications but for mental health services as well. This includes services done by counselors, psychiatrists, therapists, psychologists, and licensed social workers. If ever you need one, you can find a professional at BetterHelp. You reach them through their Facebook page as well as their LinkedIn profile.

Source: abetterwaytherapy.com

The plaintiff (client) suing for personal injury typically claims damages for mental health services just as long as the treatments given are causally associated with the defendant’s negligent acts. The key to a strong case is the causal relationship between the two. If the plaintiff’s mental health problems – or his therapies – are not indirectly or directly caused by the accident in question, then the plaintiff is not going to be compensated for the treatments. This is the principle that is followed for both personal injury lawsuits and settlements.

Examples

Here are a few examples of when you as a plaintiff may be covered. For instance, the rear end of your car was hit while you were driving, and you were forced towards the opposite side of the road because of the collision, causing your car to hit another vehicle. Due to the accident, you have incurred several physical injuries as well as a severe anxiety disorder. You can’t seem to forget the incident. Your primary physician suggests that you see a mental health therapist who can help you deal with the disorder. In this circumstance, it is undeniable that your treatment with a therapist is directly related to the incident that happened to you. You are sure to claim damages for your anxiety disorder as well as charge your therapist’s bills to your insurer.

Another example would be a less obvious claim, like if the client met a minor accident and she incurred only mildly painful hip and back strain. He recuperated easily from her injury in less than four weeks, yet claims that while she was recovering, she was also experiencing sleepless nights and frequent crying since the accident occurred. She has a hard time forgetting about the accident. Her doctor suggests that she undergo counseling to help her deal with this dilemma.

In this case, because it was upon her doctor’s recommendation that she undergo counseling to alleviate her psychological issues that were related to the accident, the client would still be qualified to claim for the expenses she spent for the counseling. But because her injuries were mild, she should not expect that things would go smoothly with the insurer or the jury, as they might reject your claim and decide not to give her a refund for her expenses with the counseling.

Source: myhorizonrestoration.com

Conclusion

Overall, the bottom line is that if you as a plaintiff are planning to claim for damages for any expenses related to an unfortunate incident, your best bet would be to seek an opinion from a certified health care professional, such as your primary physician. He should vouch that your mental and emotional problems have arisen following the incident. Then you will have a stronger claim for damages.

 

 

 

You’re probably wondering if you are allowed to receive financial compensation in the event you get injuries from an accident or if you can file a personal injury lawsuit instead of having an insurance claim. A personal injury lawsuit is a civil lawsuit usually filed against people who should be responsible for injuries inflicted on others. (Wrongful death is different from personal injury, and at times, the family of the former is the one asking for the compensation.)

Continue reading “Do I Have A Personal Injury Case?”

 

The fault requirements and types of compensation benefits available are the main differences between a personal injury and workers’ compensation claims. A personal injury claim is based on the fault or negligence of the accused while the workers’ compensation claim does not need to prove any negligence in either party. Recovering damages against someone needs to show that the other party is negligent and has done something wrong.

 

Fault Needed In A Personal Injury Case

 

Accidents happen unexpectedly. To be qualified in a personal injury case, one must prove that the other party is negligent. For example, you are in a restaurant and going down the stairs, and you accidentally slip because the stairs are wet. You can file a personal injury case in such a situation. Why? Because the other party is responsible for maintaining the area accident-free. The other person who should be accountable showed negligence.

 

No-Fault Needed In A Workers’ Compensation Case

 

There is a limited exception in workers’ compensation benefits, but any employee injured on the job is entitled to it. Unlike personal injury, workers’ compensation does not need to provide proof that there is negligence in both parties involved. In general, as long as you have been injured in the workplace, whether you or your colleague is at fault, you are still entitled to have workers’ compensation claim.

 

Different Damages

 

There are different damages between personal injury and workers’ compensation. Those who are under workers’ compensation claim are not entitled to pain and suffering benefits, while those who are under personal injury claim are entitled to recover all damages they suffered. Costs include lost earning capacity, lost earnings, future medical expenses, medical bills, pain and suffering, permanent impairment and loss of enjoyment are catered under personal injury claims.

 

A weekly compensation, medical bills, vocational rehabilitation, and permanent impairment benefits are the one included in the workers’ compensation claims. They are not entitled to pain and suffering benefits. The reason is that the workers’ compensation is a trade-off between the business owners and labor.

 

Before the twentieth century, the injured workers may sue their employers for negligence when something happened to them at work. If the employer, on the other hand, was not negligent, or when the injured employee did not sue for a claim against the employer, there will be no benefits and medical assistance he could claim.

 

You Cannot Sue Your Employer Or Your Co-Workers

 

 

As stated by the law, all workers who were injured on the job will receive weekly benefits and medical assistance. This is also the reason why these injured workers lost the right to sue their employers and colleagues for negligence, along with it, they lost the right to collect damages for pain and suffering.

 

Are There Workers Who Are Legally Permitted To File Complaints Against Their Employers?

 

There are two cases of employees that do not fall under any workers’ compensation laws, and these are crewmembers of vessels and interstate railroad workers.

 

There is a federal law known as the Jones Act which authorizes crewmembers of any boat to sue the employer for damages when they have been injured on their job. These damages include pain and suffering like a personal injury claim. So, if you are a crewmember who has been injured on board, it is advisable to contact a lawyer who specializes in Jones Act cases.

 

On the other hand, the Federal Employers Liability Act (FELA) is a law being followed by interstate railroad workers. Interstate railroad workers may sue their employers when they are injured on their employment. These workers are those who work for a railroad that operates in several states. Not all railroad workers are under the Federal Employers Liability Act like the commuter rail workers. It is best to contact a lawyer specializing in Federal Employers Liability Act for more information regarding the law and its procedures.