A Brief Guide to Personal Injury Cases
Personal injury results when one person is injured, by another person\’s failure to use reasonable care. For personal injury to be proven, the person who caused the injury has to have a duty not to injure the other party. Then, the injured party has to prove that the injury was directly caused by negligence of that duty.
Injured parties should know several facts about insurance claims. Insurance companies, for example, may not refuse to pay because of a condition that may have existed before the accident. Also, insurance companies may not refuse to pay bills simply because a vehicle had minimal damage. Damage to a person\’s body may be significant, even if there is little damage to the vehicle.
Insurance companies are responsible for several accident-related costs. Companies should pay for all related medical bills, as well as for out-of-pocket costs. Out-of-pocket costs may include transportation to doctor\’s appointments, or to therapy, or compensation for any time that the injured party was out of work. Insurance companies are also responsible for general damages, and pain and suffering.
Injured parties should handle communication carefully. Negotiations with insurance providers should always be conducted in writing, for the protection of the injured. Also, injured parties should familiarize themselves with their state-specific procedures, and their statute of limitations. In addition, injured parties should remember that the insurance adjuster works for the insurance company, not for the person making the claim.
Hiring an attorney can be wise under certain circumstances. In general, if an injured person is dissatisfied with the way that a claim is being handled, then he or she should seek representation. If the victim is seriously injured, or if the at-fault party was uninsured or under-insured, then seeking an attorney is a good idea. Additionally, if the insurance provider is disputing which party was at-fault, then the victim should retain an attorney.
Good attorneys are often found through referrals. If an injured person already has a relationship with another attorney, then the person should ask that attorney to recommend a good PI lawyer. If a referral is not possible, then victims may look to other resources for assistance with choosing an attorney. The state bar association can be consulted, to be sure that a prospective attorney is in good standing. Membership in the American Association for Justice, or in the state trial lawyer\’s association, is also a good sign.
Victims should trust their gut instinct if considering an attorney who advertises. If the advertising is neither helpful, nor tasteful, then the attorney should be dropped from consideration. More information about specific attorneys may be found from brochures or promotional references, in the online archives of local newspapers, or from publications in print or on the internet.
The convoluted language of insurance, along with the aggressive tactics of insurance adjusters, may be overwhelming for an injured person. Victims of personal injury should take precautions when dealing with an insurance company, and should seek representation when warranted. Finding a good attorney is important, and victims should do careful research in order to find the right lawyer.
Author Bio: A team of Business Lawyer Mississauga, personal injury lawyers, Family Lawyer Brampton, are part of our roster of talented practioners in the Brampton and Mississauga area. Call us today for a consultation.
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