Getting The Law On Your Side When Dealing With A Personal Injury
Between doctors and insurance companies, there is a lot of jargon thrown around. If you cannot understand what is being said to you, it's time to call for help. Read this piece to have a successful outcome with your personal injury suit. Stick by your medical and legal professionals until the case is closed.
Although personal injury lawyers advertise in the yellow pages, the better way to find a good lawyer is through word of mouth. If you don't know anyone who has used a personal injury lawyer, check with the local bar association. They may be able to point you in the right direction.
When choosing a personal injury lawyer, pay special attention to the size of their firm. Generally, larger firms mean that more than one lawyer may work on your case. These are usually Associate Attorneys who are trying to gain some legal experience, while having a senior attorney oversee and make the final decisions. Smaller firms can usually provide better management by having fewer people working on a case. Feel free to ask if other attorneys will be working on your case in any firm you're interested in.
Before insisting on a court date, consult a personal injury attorney to establish the best possible course of action. This approach can lower your stress levels associated with the case and help avoid costs like court fees.
Don't pay any money up front to a personal injury lawyer. A reputable personal injury lawyer will not require any money up front; in most cases they will offer a free consultation prior to taking your case. During this consultation be sure to ask them about exactly what you will be charged (whether it's a flat fee or an hourly rate), and if they offer some sort of payment plan.
Retain copies of any medical paperwork in a notebook or file folder to better prepare for your personal injury case. Include all notes from your doctor, instructions for care, receipts for payments made to the doctor and receipts for all medical supplies that you purchase. Save emails from your doctor about your injury.
Hiring a specialized attorney for a personal injury case is something you may already have thought get more info of, but it's important to find someone even more specialized. For example, if you were in a car accident, find a lawyer who deals specifically with car accidents. Do the same for workplace injuries or residential accidents.
It is important to keep close track of any and all paperwork pertaining to your case. This should include doctor's notes and receipts for medical supplies and bills. Be sure to save any emails that your doctor sends you.
It can be hard to determine just when you need to get a personal injury attorney on your team. Seek one out if your injuries could impact you for many years to come. In addition, it is a good idea to hire someone if the other party involved does not have insurance or if the two of you do not agree on what happened or who should be held responsible.
In any personal injury case where your medical bills are paid by workman's compensation, you should contact them directly and get a list of all bills they paid. You need to study these bills to ensure you are receiving everything you are entitled too. It will also show you how much you might owe when everything is paid and finished.
If you are injured at work, you must find a lawyer who deals with workplace accidents. They know not only how to deal with the insurance, but also how to ensure you still have a job once the case is over. They're truly going to give you a positive outcome in the end.
If you have been in an accident, it is important to visit a healthcare provider immediately, even if you don't think you are hurt. Many injuries are not immediately noticed. By visiting a healthcare provide, you can insure that you have not sustained an injury. If you did sustain an injury, the doctor will make note of it in your medical record which can be used in the court of law.
When going to your first free consultation with a prospective personal injury lawyer, be sure you bring along all copies of important documentation regarding your case. Those documents include insurance company correspondence, police reports, bills, medical records, documentation of income loss, and more. This information can help a lawyer determine if you have a case to file.
Seeking damages for your injury is harder than you may think. You must realize what is needed to prove your case, and you need a good personal injury attorney. The above article has provided some of this key knowledge that you need in order to succeed and obtain the settlement you deserve.
What kinds of “injuries” does personal injury law include?
Personal injury law can apply to any injury that one person or entity causes another person, so long as that injury was caused by intentional, negligent, or reckless behavior, or by an action covered by strict liability. Some common causes of personal injury that can give you a right to recover damages include:
Auto accidents
Slip/Trip& Fall (liquids, snow and ice)
Slip/Trip & Fall (unsafe conditions on property) other than liquids, snow and ice
Premises Liability
Construction Site Accidents—Negligence, New York Labor Law 240 and 241
Dram Shop (Alcohol) Liability
Medical Malpractice
Product Liability
Police Misconduct
Wrongful Death
Battery
Assault
Infliction of Emotional Distress
False Accusations—Defamation of Character by Libel or Slander
Personal injury law covers any situation in which the following occurs:
Physical, Mental or Reputational Injury: A person is injured physically, mentally, and/or in his or her reputation;
Wrongfully Caused: The injury is caused wrongfully, in the eyes of the law, by another person or by an entity (such as a corporation or municipality).When you are injured, the law asks whether the person who injured you was responsible to take care that you did not get injured. There are different levels of wrongful conduct that lead to liability depending on the circumstances:
Everyday Situations—Negligence: The law usually asks, “Was the person who injured you “negligent” in causing your injury?” Negligence is another way of saying “careless,” or lacking in the use of ordinary care or consideration.
Special Situations—Recklessness: In certain cases, those involving injuries caused by police and firefighters driving to or arriving at emergency situations, the law may ask if the officer acted “recklessly” in causing injury—that is, did they act in utter disregard to your safety?
Intentional Injurious Acts: There are also intentional acts (like if someone punches you on purpose and without justification, breaking your nose) where the intent combined with injury will allow recovery.
Defective Products—Strict Liability: Finally, there are injuries involving dangerous products or products manufactured improperly or that are defective—in such cases, the law doesn’t look for wrongful behavior, but rather presumes responsibility by the fact a person was injured using the product (also known as “strict liability”).
Compensable Damage: A person will not be able to recover (much less find a lawyer to represent him) for a cut on the finger or other negligible injury:
Example: You are crossing the street with a “walk” sign. A car goes through the red light, causing you to dive to the ground to avoid being hit. If you get up with a minor scrape on your hand, and walk away without further symptoms, there is an injury caused by negligent driving, but you will likely not be able to recover, despite the actions of the driver.
When each of these factors is present, an injured person may be able to recover a dollar amount for all damage suffered (medical costs, lost wages, pain and suffering) by suing the person or entity that wrongfully caused the damage.
https://docs.google.com/presentation/d/1tK7Cq0WYE_Jbut9wKINYSEnPSaXFndpmovl-Sg3Focw/edit?usp=sharing