If you have suffered a serious motor vehicle accident, your jurisdiction may provide no-fault accident benefits to cover certain basic medical costs. In Ontario, these benefits are called Statutory Accident Benefits. In many U.S. jurisdictions, they are called PIP benefits. Where they exist, these benefits are available to you, even if you were at fault in the accident.
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Automobile accidents can be very serious and change everything about life as you know it. The amount of motor vehicle accident related serious injuries and fatalities per year is absolutely staggering. If you have been involved in a car accident due to another motorist’s negligence, you could be compensated via personal injury lawsuit. If you are curious if this applies to you, here are seven reasons to file a car accident related personal injury lawsuit (some information courtesy of Bradley Johnson Attorneys: Seattle Personal Injury Lawyer)
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It’s not at all uncommon to feel utterly confused and overwhelmed when you find yourself in a situation where you need to retain an accident lawyer. You already know that you must get the assistance of a personal injury attorney but you’re not real sure how to go about finding the perfect legal representation for your particular case. It’s important to remember that there isn’t a one size fits all attorney because each one attorney focuses on specific niche so you need to choose your attorney based on the needs you need met.
When you’re in the process of finding yourself an accident lawyer, make sure you have questions on hand that you want to ask. The first thing you need to ask your potential legal representation is what kinds of cases they generally do. When you need a personal injury lawyer, don’t go for an attorney who handles mostly family law cases such as divorces or child custody, as they won’t be able to adequately represent you.
You should ask the attorney what kinds of successes and failures they have had. You won’t find an attorney with a perfect winning case record; however, you don’t need to retain an attorney who’s barely won any of their cases. Ask the attorney what they learned from the mistakes in those cases. It’s not uncommon for a novice lawyer to make mistakes when they first begin to practice law. Yet, as they get more experience, they learn from the mistakes of the past, which means you’ll have an attorney with the skills you want and need.
Another thing you need to take into consideration when looking for a personal injury attorney is how often they’ll keep you informed about your case. You may have retained the best lawyer but if they aren’t returning calls or letting you know what’s going on, you’re going to get frustrated and feel confused. Make sure you ask the attorney how they will contact you, how often they’ll contact you and how long it would take for them to respond to any queries from you.
The last question you need to ask your prospective attorney is how often he/she has to go to trial. Many times you may find that an accident lawyer will take on all the cases they can, without any real regard to whether they are able to win them. They may try to settle the majority of their cases out of court. Of course, there will be instances where the need to settle out of court is necessary than going to trial. However, make sure your attorney considers your case as an individual, not a part of the whole. He/she should determine if your case would be best settled in court of out of court or fought in a trial.
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Colin Daives writes general information articles about a number of legal topics that range from personal injury to criminal law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more or for assistance with your case in the state of Colorado, contact a Denver injury attorney or Denver accident lawyer today. Article Source: |
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YOU ARE IN CHARGE OF YOUR HEALTH CARE TEAM!
Before every doctor’s appointment, you should write down, in the order of importance, all of your concerns, questions, and medical problems. If your doctor interrupts you, be sure you return to your list of problems and concerns. Make sure you get answers to all of your questions before your examination is over.
TAKING CHARGE
1. Want Answers? Ask Questions!
If you have questions-and, yes, you should have many-ask them of your doctors, nurses, therapists, and other health care providers. Don’t be timid or shy. You are the one who is most concerned about your health care, so be sure to ask questions-and lots of them. When it comes to your health, there is no such thing as a dumb question.
In fact, it’s a good idea to start a health care notebook to keep a record of your visits, symptoms, side effects, pain, complaints, all the medicines you take, your questions, and the answers you receive. Plan to ask questions about your current condition and what to expect about your future care. Don’t be afraid to ask, “Why?”
Bring your notebook to all of your appointments so that you won’t forget anything. Write down all the answers the doctor or other people give you. Don’t feel rushed. This is the time to get the answers you need. If you do not have time to write down all of the information during the appointment, make sure you make notes immediately afterward-preferably in the waiting room of the health care professional’s office, while the information is still fresh and clear in your mind. There is a lot to keep track of, so keep a thorough written record of everything.
It you do not understand something, say so. Doctors are often in a hurry, but it is part of their job to listen to you and give you all the information that you need. Your doctor wants you to understand everything so that you can do your part and actively participate in getting well. If you still don’t understand something, keep asking questions.
2. Do Not Be Intimidated by Your Doctor
Make a list of what you need to talk about and stick to it. You should always maintain eye contact when talking with your doctor. This will show that you are very serious about participating in your care and treatment. Do not let the doctor avoid answering your questions or make insensitive comments that go unchallenged.
3. Tell Your Doctor Everything
Be honest and detailed. Do not tell the doctor what you think you should say or say you are doing better than you really are. You should be completely honest about everything you are feeling, experiencing, and thinking. Talk about your current condition- what is changing, what is better, what is worse, and how you are progressing. Tell the doctor about other conditions you experience, what times of the day the symptoms occur, what activities cause you the most discomfort, and discuss all the medicines you are taking. If you think a medicine may be causing a problem, mention it. If you feel things are not progressing quickly enough, say so!
Be completely honest about your health habits. If you miss taking your medicine, say so. Tell your doctor exactly how much and how often you smoke, drink, exercise, and what you eat. Tell your doctor if you have been depressed or anxious. Your doctor can only provide you with the best treatment-treatment developed especially for you-if your complete medical history is known.
4. Tell Your Doctor If You Are Unhappy with Your Medical Care
People will often keep negative comments to themselves, fearing that complaints will create a bad doctor-patient relationship. In fact, most doctors respect open and honest communication, and communicative patients often receive better health care.
5. Keep All Your Health Care Professionals Informed
Tell each health care professional about the other health care providers you are seeing, what they are doing for you, and what they are telling you. Whether you are receiving acupuncture, physical therapy, or another treatment, each provider on your team needs to know the big picture in order to provide you with the best care. You are the only person who knows everything that is going on, so you should keep everyone on the team informed about your complete medical situation.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
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It’s hardly an ideal situation. Not only have you suffered the physical pain and discomfort of your work related injury but the time you have spent not earning might also be hitting you hard financially. In addition to that, there may be lost future earnings to consider. How will you cope in the years to come?
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Question:
One month ago, in my vacation time, somebody hit my car from rear. The car was called total loss and I got paid for that. There was a little pain in my back for a few days. I needed to go overseas so I did not seek medical examination and treatment. While overseas, I got a medical examination (x-ray and MRI), the results were all OK and I paid only a very small percent of the actual fees.
When I got back, the insurance company contacted me and offered $300 for settlement. In the pain and suffering perspective, I am OK with the offer. But, although I was out from my company with a paid leave, I have losttime from my holiday time due to time spent in and after accident (medical examination, buying a new car etc). The insurance company’s adjuster told me that, as I was on vacation, they are not going to compensate that.
It does not sound meaningful to me so I wanted to take advice from an expert.
Thank you.
Answer:
I am an attorney in Florida, so I can only speak about what type damages you can recover in a Florida car accident. If you were injured in a Florida car accident, you can recover damages for medical bills, lost wages, and pain and suffering, and any other out of pocket expenses incurred as a result of the accident. Based upon an impact which totaled your car, an offer of $300 is very low, however their offer is going to be based upon whatever injuries you suffered and the amount of medical care you have received.
Your email states that you have lost holiday time due to time spent from the accident. If you accrue that time, and can be paid whatever time you have accrued if you were to leave the company, then that is an out of pocket expense that you have incurred and the insurance company should have to reimburse you. If the time you are referring to is just your vacation time, and you would have been taking that time regardless of the accident, then the insurance company is probably not responsible for paying you for that time. It sounds like the insurance adjustor may be confusing the vacation time being used when the accident occurred, with time spent after you returned from vacation for medical visits and buying a new car.
As for pain and suffering from a Florida car accident, Florida Statute section 627.737 states that “a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability,
other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.”
The value of your claim depends on a combination of factors such as any lost wages you may have suffered or may suffer in the future, money paid for medical bills, bills that remain outstanding, or medical bills you may have in the future, and pain and suffering, past and future. So, if you only received a small amount of medical care, I am guessing that there has not been a doctor that has stated you suffered a permanent injury as a result of the accident. Without that type of medical opinion, you are not entitled to recover damages for pain and suffering. This is most likely the main reason the adjustor is offering such a low amount.
Your state may have different laws, so it is important to check with an attorney specializing in auto accident claims in your area if you intend to pursue the claim further. My suggestion would be that if you are still experiencing any problems from the injuries, and want to get more medical care, do not settle the case for $300. Settling at this point would require you signing a General Release which would bar any claims down the road in the event your injures did not go away on their own. But, if you are going to get more medical care, you should do so now; don’t wait.
If you are in Florida, I would be happy to discuss your claim further. Most car accident personal injury lawyers will meet with you for a free consultation before you decide to hire a lawyer. If you are out of Florida, you should definitely try to speak with an experienced car accident personal injury lawyer before you settle your claim.
Good Luck.
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When applying for a lawsuit loan, it is difficult to overcome the temptation to submit multiple applications. However, as many applicants have come to realize, this is a bad idea!
Many of the institutions to which you’ll be looking to obtain your loan settlement expend a great deal of effort assessing the merits of the claim that you submit. Therefore, once it is determined that you have submitted multiple-applications, you will find that your lawsuit loan application will come to an abrupt halt.
You may be asking, “How would anyone know how many applications I have submitted?” The fact is, many of the brokers to whom your applications may be submitted work within a network of funding institutions, many of which communicate with one another quite regularly. Much of the funding that is provided when lawsuit loans are pursued is customarily provided via a relatively small pool of lending institutions. The broker’s responsibility is to identify the most appropriate lender for your particular situation.
It may be beneficial to understand a little bit about the machinations involved in examining the merits of your particular case. Once your application is submitted, the broker should make a determination as to which lender would be most appropriate for the case you have identified. The case will then be submitted to one or more lending institutions.
The lending institution will review your case carefully to make a determination as to whether they deem it meritorious. If your case is deemed meritorious and satisfies various parameters the institution has established internally, your case will then be submitted to underwriters. Once the underwriters have obtained the documentation, they’ll make a determination as to whether they deem your case worthy of providing any type of financial advance.
We have discussed the manner in which risk-fees are assessed with respect to a specific case in other articles. However, it is important to realize that the fees that are ultimately assessed with respect to any monies advanced to you will arise from the underwriters’ assessment of your case. If you accept the funding-entity’s assessment of the value of your claim, as well as the amount they offer to advance you, you will be able to obtain your lawsuit loan.
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NEVER drive intoxicated.
This tip is yet another of those obvious ones. But people still do it ALL the time.
To be honest, there really is no excuse for drinking and driving. Besides simply being responsible and having a designated driver on nights out, there are so many additional services for all different occasions.
If you’re not sure of your blood alcohol level:
If you went alone or everyone in your party is intoxicated:
Now, some of these services may cost more than you want to on your one night out. However, compared to the cost of a DUI, these prices are dirt cheap. Here are the costs associated with a DUI (not including personal injuries, medical costs, lost pay, or vehicle damages):
Total $7,828 - $10,828
(Credits to FriendsDriveSober.org and Mothers Against Drunk Driving)
To learn more about the dangers of drinking and driving, visit the following organizations:
And remember, if you or a loved one is hit and consequentially hurt by a drunk driver, consult a personal injury lawyer as soon as possible. Some consolidated sources to find a personal injury lawyer include:
Car Accident Injury Helpline: http://www.caraccidentinjuryhelpline.com/
Personal Injury Helpline: http:// www.injuryhelplinelawyer.com/
For more tips, please go to my blog at: http://helpcaraccident.wordpress.com/
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The no win no fee claims system helps people all over the UK to gain access to justice following injuries which were not their fault. If you’re looking to gain compensation following an accident or illness, there are a number of steps to take in order to make your claim. Here are the dos and don’ts for making a successful no win no fee claim which gains you the compensation you deserve.
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When Penicillin was first broadly marketed in the middle of the last century, it was hailed as a miracle drug. Highly successful in killing many bacterial infections, it was used for almost everything. Just a few short years later, antibiotic resistant bacteria began to evolve, making Penicillin less effective. Since that time, modern medicine has given us six classes of antibiotics.
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