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Advice That Will Assists You With Your Personal Injury
People suffer from personal injuries every single day. Whether it is at home or in the grocery store, you can be a victim any day. However, in order to get compensated for your troubles, you need to involve yourself in the legal process of choosing an attorney and understanding what to expect in court. The following article will help you get prepared!
As soon as the accident happens, write down everything you can think of. It is the details which ensure your case is tried fairly, and those details may become foggy over time. Especially where fault isn't obvious, knowing all of the details can alter the view of the person presiding over your case.
Even if you have a pre-existing condition, you can still sue for further damages caused by an accident. Be honest with your attorney about the injuries you had prior to the accident. You want to make sure he or she is aware of everything, so that they aren't surprised while in court.
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.
The only people you should discuss a personal injury case with are your insurance agent, your spouse and your attorney. If an insurance adjuster calls you to record a statement about how the accident occurred, give them the number of your attorney and tell them that this is who should be called if they have any additional questions.
Ask every question you can think of at your first meeting with your attorney. Ask how long the case will take, what you can expect, and whatever else is on your mind. You'll need to be comfortable during this so that it will go smoothly, and this is why asking questions can be helpful.
Choose a lawyer who talks less and listens more. You'll find that a lawyer who talks your ear off is one who also talks too much at trial, which can be to the detriment of your case. A lawyer who listens to what you have to say will be able to use your evidence better at trial.
Make sure you ask the right questions if you talk to a personal injury lawyer. Make sure the attorney has experience in personal injury cases and is qualified in your state. Ask what kind of record the lawyer has. You want a successful lawyer, of course, and one who has years of experience.
If you are looking for an attorney to represent you in a personal injury case, you should try to get a referral from your state bar association. Make sure to do some checking even though they referred you since there may be something in their history that the state bar has not revealed to you.
Understand that hiring an attorney doesn't guarantee a check will be delivered to your door anytime soon, if ever. The process can be lengthy, and patience is required. In fact, a case can last a couple of years, especially if you're located in a larger city. Remember this and you will have an easier time keeping your frustration and anxiety in check.
If you are seeking a personal injury attorney, consult with an attorney that you already know and trust. If you have someone who has represented you in a real estate transaction or drawn up a will for you, that is a good starting place. While this person might not take personal injury cases, he might be able to refer you to a trusted colleague who does.
Representing yourself in a personal injury claim can be difficult. One of the areas that should be addressed is the type of medical authorization that you will agree to in the settlement. Will there be a time limit on the coverage? Are you restricted to a specific provider? Make sure you know before you sign a settlement.
Talk to a doctor as soon as possible after an injury. Documentation is more info your proof in your personal injury case. These records can win you the case, but without them you could easily lose.
You should take action right away if you have been injured because of someone else's negligence. Remember to use the tips in this article if you should suffer an injury. Taking note of this advice could well improve your chances of a very successful settlement.
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