10 More Personal Injury Claim FAQs and Answers

10 More Personal Injury Claim FAQs and Answers
Mark Schiffrin P. A.

There are certain common questions related to personal injury claims that you should be highly aware of. Being ignorant might cost you a good deal, in case you meet a personal injury.

Here are the top 10 personal injury claim FAQs and answers that you ought to know:

What is Personal Injury Law?

This law usually enables people who have been injured by another party’s negligence to recover compensation for the injuries and losses caused by that at fault party. The damages mainly include past and future medical bills, property damage, lost wages, pain, suffering, and loss of enjoyment of life.  There are several types of personal injury case types in Florida. These include automobile crashes, medical malpractice, work-related injuries, nursing home negligence or abuse, commercial truck accidents, wrongful death cases, and slip and fall accidents.

How to Settle a Personal Injury Case?

Settling here implies that you are agreeing to accept a lump sum of money in exchange for dropping your claim against the person who injured you. Settling a case involves a lot of investigation, securing evidence and negotiation. In certain cases, your attorney will need to file a lawsuit and litigate your case to get you full and fair compensation. It might be even required of him to need to take your case to trial and present evidence and arguments to a jury.

Prior to issuing you a settlement check, the insurance company will require you to sign a document called a release. When you sign a release your personal injury claim is terminated forever. Thus, you might be prevented from seeking additional compensation in the future for that specific claim. This is another important reason why it’s important to speak with an experienced accident attorney before settling your case.

Does Negligence form the only available Personal Injury Claim?

This is untrue. Strict liability and intentional wrongs are also personal injury claims. Keep in mind that intentional wrongs can be the basis of a personal injury claim. However, intentional torts are rarer that make it more difficult to recover compensation.

When it comes to strict liability, you need to know that it is an important and growing area of tort law. The strict liability holds designers, sellers, distributors, and manufacturers strictly liable for injuries caused by their defective products. Thus, if you are injured by a defective product, you do not need to prove the manufacturer negligently created it.

What to do right after a Car Accident?

Make sure to call the Police. When you are involved in a car accident, truck accident, motorcycle accident, or any other type of auto accident involving injury or property damage equal to or greater than $500, you must contact law enforcement.

Try to get other driver’s and witnesses’ information. Make sure to exchange drivers’ licenses, registrations, and insurance information with the other driver. Gather statements from witnesses, recorded on a smartphone app would be ideal. Most importantly, make sure you get their contact information.

Seek Medical Care. See a doctor who has experience handling your kind of injuries. Contact Your Insurance Carrier and put them on notice of the claim.

What is Uninsured and Underinsured Motorist Coverage?

Uninsured as well as underinsured motorist coverage can be defined as the insurance coverage that you purchase under your own automobile policy. Uninsured coverage provides you protection when you are injured in a car accident and the other party who is at fault does not have automobile insurance. Underinsured motorist coverage protects you if you are injured in an automobile accident and the other party who is at fault does not have enough insurance coverage.

Can your Premiums increase if you make an uninsured or underinsured motorist claim?

Every claim arises through no fault of your own. Thus, a claim made pursuant to your uninsured or underinsured coverage will not likely increase your premiums. You should confirm this information with your insurance carrier prior to filing a claim, especially if your damages are small. In case your insurance company raises your premiums, you can switch carriers.

Can you settle a case properly without the aid of a professional lawyer?

When the car crash only caused you minor bruises or just property damage, then handling the case on your own may be best. However, it is always good to ask an experienced attorney for objective advice. An experienced injury lawyer is the right person who can help you identify important issues.

When you hire a lawyer who is willing to take your case to trial, you are likely to get a better settlement than without such a lawyer.  A good lawyer will make sure to seek every category of damages that applies to your case. He will find ways to support those damages with evidence.  The threat of trial alone adds to your bargaining power.

What if you are injured by the negligence of a doctor, hospital or another medical provider?

When you are injured by the negligence of a physician or other health care provider, you are entitled to a medical malpractice claim. Medical malpractice involves negligence as well. However, there might be certain limitations on malpractice claims.

What to do if you are not properly represented by the current attorney?

Keep in mind that a genuine personal injury lawyer will keep you updated with every strategy and will promptly receive your calls. They will maintain clarity right from the beginning. They will maintain consistency.

However, if you are not satisfied with your current attorney and want to change lawyers, do so. The new law firm might take over your case. He might be obligated to pay a portion of any fee earned to the original attorney. However, this should not deter the money you recover or increase your attorney’s fee.

What to know about a Defective Products Claim?

In such a claim, when a person is injured by a defective product, he or she may be able to recover compensation from the manufacturer, distributor, or seller of the product under theories of negligence, strict liability, and breach of warranty.

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