Accident Claim Compensation and What Every Accident Claim Must Have

Accident claim compensation is not necessarily automatic with any and every accident claim.   You will need to meet with an accident lawyer to help you determine if you have four key legal points that are important to any successful accident claim compensation:  Liability, Causation, Damages and Insurance.

First: Liability

The first issue your lawyer must consider in every auto accident claim is whether it can be proven the other party was at fault. Lawyers call this establishing liability. Legally, it means the other party owed a duty which they breached, such as driving at a reasonable speed, maintaining control of their car, stopping when required, or yielding the right-of-way. You may be thinking this should be quite obvious. Many times it is. But many times it is not so obvious. What about two cars colliding in an intersection with both drivers claiming to have had a green light? Many multi-car rear end collisions involve proving which car caused the first impact. For example, did the second car in line cause the accident by striking the first car (car number two is liable), or did the third car hit the second car, driving it into the first car (car number three is liable). The physical evidence of how the accident occurred, along with statements of the most credible witnesses, will control the question of proving liability.

 In evaluating the issue of liability, the insurance company will look for every opportunity to argue the injured party also was at least partially at fault in the accident. This is known as arguing comparative fault. Florida is a comparative fault state, which means when an accident occurs involving two cars, it is possible that both cars may be found responsible (or be held liable) for the accident. Every insurance adjuster evaluates every accident with the goal of attempting to place as much blame as possible on the injured party for any fault they may have had in causing the accident.

Why is this important to you?

The evaluation process requires a careful examination of the facts to determine whether the insurance company will be successful in proving whether you are also at fault. They do not have to place the fault entirely on you. Any amount of comparative fault they can successfully prove will reduce the amount they you owe in compensation . For instance, if the at fault driver turned into the path of your oncoming vehicle, they would be liable for damages. However, if their insurance company could successfully prove you were also responsible for some percentage of fault in the accident, due to unlawful speed or some other factor, any percentage of your fault would reduce your settlement or verdict by that percentage. Proving comparative fault by you of twenty five percent in causing the accident would reduce your settlement or verdict by twenty five percent. Any combination of fault can be made by a jury, if the evidence shows that both parties were at fault.

The issue of evaluating exactly what each driver did leading up to a crash is extremely important. Your lawyer needs to question you closely and you need to be honest in telling your lawyer exactly what happened. Otherwise, both you and your lawyer may be caught off guard later, hurting your case. Rest assured, the other driver’s insurance company is going to look for every argument you were also at fault. If they are successful in making that argument, it will save them money.

Second: Causation

The second issue which must be proven is that someone’s negligent act caused your injury. This is referred to as causation. Causation can be straightforward, such as when a pedestrian’s leg is broken by a car running them down, or when your car is severely damaged in a rear end collision which causes you neck or back injuries. However, there are two major areas involving auto automobile accidents where causation issues frequently arise. The first is in rear end impact cases where there is no evidence of impact on your vehicle. Lawyers frequently see cases involving collisions resulting in absolutely no evidence of impact on the car occupied by the injured person. Commonly, complaints of neck and back injury result from such collisions involving minor soreness and soft tissue damage. Many insurance companies have set up special teams to handle the defense of claims involving little or no property damage. They are sometimes as MIST cases (minor impact soft tissue). They believe showing photographs of a car with no property damage will allow them to convince a jury the accident did not cause any injury claimed.

However, other accidents involving little or no property damage result in clear, objectively provable injuries, typically disk injuries of the neck or back. Many people are seriously injured in low-impact or low property damage collisions. Proving causation in these types of cases requires your lawyer to have a full understanding of the medical and engineering principles which will be argued by the insurance industry against you. This must be fully discussed with any lawyer you hire.

The second area in which causation issues may be argued by the insurance company typically arises if you have been injured in a prior accident or reported a prior injury, most commonly involving the back or neck. When the injury claimed in your current accident involves a part of the body which has been previously injured, or otherwise required medical treatment, you can expect the insurance company to question whether the accident caused the current injury or whether it simply aggravated a pre-existing condition. The insurance company will work very hard to find any such evidence. They have access to a medical claims database which often shows whether you have previously had medical claims paid. Armed with that information they will ask your lawyer for medical records from every provider they can locate in search of evidence of some pre-existing injury or condition to the same area of your body involved in the current accident. This requires your complete cooperation with your lawyer. The last thing you want in your claim is for your lawyer to be surprised with medical records produced by the insurance company revealing treatments or complaints of a pre-existing condition. You should fully discuss with your lawyer any prior accidents, particularly accidents in which you received any injury. You should also a carefully recall whether you have ever reported pain or discomfort to your doctor to any part of your body injured in your current accident. Your attorney will need a full understanding of these facts.

Third: Damages

Once you and your lawyer consider liability and causation, the issue of damages must be evaluated. Damages include both tangible and intangible losses. Tangible losses are your financial losses, including wages, wage earning capacity, medical expenses which must be repaid to insurance companies and other third parties, including Medicare, Medicaid, VA and Worker’s Compensation insurance carriers, as well as unpaid medical expenses incurred and in those you more likely than not will need in the future. This will require your lawyer to have a full understanding of your medical treatment and any medical treatment your doctor believes you will more likely than not require in the future, together with the cost of such treatment. In proving any lost wages and wage earning capacity, your lawyer will need to obtain evidence of your earnings and evaluate whether an expert could be used to establish the likelihood that you will suffer a loss of your earning capacity in the future.

Fourth: Insurance Coverage

Finally, your lawyer must determine if the at fault party has the ability to pay the losses that you have suffered. This usually comes down to insurance coverage and investigation of the defendants assets, if necessary. Is the at fault party insured and what limits of insurance coverage are available to pay your losses? Are there other sources of insurance? Based on the circumstances of your case, your lawyer may be required to do one or more of the following in order to investigate coverage:

Determine whether the vehicle was owned by the driver or some other person, corporation or governmental entity;

Request and obtain sworn policy information from any insurance company providing coverage for the driver, the owner, and any other entity having legal responsibility for the vehicle, including any excess or umbrella insurance policy;

Request and obtain sworn policy information from your auto insurance company regarding any uninsured/underinsured motorist coverage available on your policy. If your insurance company maintains you rejected uninsured/underinsured motorist coverage on your policy, require them to produce any rejection form to make sure it complies with the requirements of your state’s insurance laws.

Conduct an assets check of any assets owned by the owner, driver, or other entity legally responsible for the vehicle.

By: James Dodson

Article Directory: http://www.articledashboard.com

Common Types of Personal Injury

Accident Claim Compensation offers the following information and insight into the different types of personal injuries.  Contact a personal injury attorney in your area to get assistance for your accident claim case. 

Personal injury law consists of many different issues. There are many different types of cases that personal injury lawyers face.
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No Win, No Fee Personal Injury Claim Companies

Accident Claim Compensation offers the following information on "No Win, No Fee" representation for those that have suffered injuries after an accident and need sound legal representation.

Many people meet with accidents everyday. There are numerous causes for it. A person may suffer an injury in a road accident, car accident, while being in public places, etc. Many people ignore that fact that they can make a claim for the losses suffered. The misconception that claims procedure is tedious and costly runs high amongst victims.
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Personal Injury Attorneys – Should I Choose a Specialist?

Accident Claim Compensation brings you the following thoughts on obtaining a personal injury attorney who is a specialist to bring to you the best legal advice surrounding your potential accident claim compensation.

Advice on how to choose a personal injury attorney who specializes in certain areas of the law. What to look for when choosing a personal injury attorney specialist.
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Motor Accident Claim Compensation. Best Tips!

Motor Accident Claim Compensation. Best Tips!

Accident Claim Compensation offers this article with tips on how to obtain auto accident claims.  Contact an attorney in your area for specific information on your auto accident and potential claim.

The motor accident claim can be requested when you have been injured in an accident that was another party’s fault. What do you need to do if you find yourself in such a situation? This article is designed as a guide to effective claiming measures that need to be taken. We’ll assume that you are driving a car, going within reasonable speed limits and concentrating on the road ahead. Everything that common sense driving is all about. Suddenly, you get hit by another car coming out of a side street. The other car’s driver obviously is guilty of negligence and thus responsible for the accident. By definition a motor accident is an accident in which a motor vehicle is involved, either with another automobile or with a pedestrian, cyclist, etc.

The first thing you have to do after you realize what just happened is to examine your body for any injuries. Any pains which you might have need to be looked at immediately and given first aid help if needed. Let’s suppose you escaped with nothing but a few bruises. If everyone escaped with just a few bruises after a motor accident would be great, unfortunately it isn’t the case. It’s time to get out of your car and see if the other driver is physically OK. Fortunately, he is so.

Now, you need to pull over your car to the side of the road. Meanwhile, you may notice a flock of people who are curiously wondering what happened there. Anyway, let’s go on. You start a conversation with the other driver, as calmly as possible. You may discuss about what happened, you may even discuss about the weather, but don’t get involved in a ‘who’s to blame for the accident’ kind of talk. Write down his name, address, phone number, everything.

From the flock of people who are curiously wondering what happened select a few, persons who will be your witnesses. Take down all their details as well, as it may prove very useful in the future. Write down the weather conditions, the place of the incident and the damage your car suffered.

If you’re lucky enough to carry a photo camera of some sorts with you, photograph everything. The two cars involved, putting an emphasis on the damage your car suffered. After you do all these, you should call the police to clear the accident scene. Of course, this is not a very serious accident, and you don’t need to call any ambulance. If an ambulance is needed, you should call it right away.

When you get home, the first thing you need to do is to call a lawyer. There are many specialized lawyers who handle this motor accident claim situations. Try asking your family and friends for a good lawyer. Maybe they’ve gone through similar situations. Anyway, once you call a lawyer, he will appoint you for a meeting.

When you meet your lawyer, he will ask you everything about the accident. Try to find one which works on a No Win No Fee basis. Maybe some of you have heard of the no win no fee term and know what it’s supposed to mean. For those of you who don’t, I’m going to give a definition. The no win no fee arrangement is the one in which you have to pay the lawyer only with the condition of him winning your case. So, in other words, if you want to get an injury claim, an accident at work compensation, etc. and you hire a lawyer that doesn’t win your case, you don’t have to pay him anything.

From what I’ve told you, you can draw the conclusion that you only have to pay your solicitor if your case is won. Yes, that’s true. However, if you case isn’t won, you have to know that you might have to pay your opponent’s costs. So my advice here is simple: request for a compensation claim that you know you can win. I mean, if you’ve been involved in a work accident or a road accident that you are sure it wasn’t your fault, go for it. If you are not that sure, you may assume the risks, but also be aware of the possible consequences, and by that I mean paying the opponent’s costs if your case is not won.

When you meet your lawyer answer him honestly and in as much detail as you can remember, because in these cases every bit of information is precious. He will ask you to give him all the evidence you managed to gather, and later on he is going to double check everything. It’s not that he doesn’t trust you, it’s just a thing that lawyers do. Then, he’s going to appoint you to a meeting with a medical expert, who will evaluate all your injuries. These appointments will have to be made regularly, because there’s no telling of how your injuries will evolve and you have to get very well compensated for them. You may have suffered a serious whiplash without even realizing it.

Then, just let your auto accident lawyer do his thing. It’s time to relax and recover from your physical and mental shock you have suffered,because accidents can be traumatic events. Your lawyer will double check all the pieces of information you gave him and gather as much more evidence as he possibly can.

Then, he’s going to contact the two parties involved, insurance companies included. He will prepare a statement for you to give to your insurance company, a statement that is going to help you in the process of claiming. He is going to ask for as much compensation as possible, including compensation for your injuries, the damage to your car and other assets of yours, medical expenses, etc. Especially in accidents like this one, the two parties reach an agreement without going to Court. A check for you is written, and you get your motor accident claim.

By: Mohammad Latif

Article Directory: http://www.articledashboard.com

When You Need a Personal Injury Attorney

When You Need a Personal Injury Attorney
 by: Peter Peckham

Accident Claim Compensation presents the following information on when you may need a personal injury attorney.   Contact one in your area to discuss your injury and your potential claim.

We’ve all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a person’s actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.

Types of Personal Injury.

Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.

The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.

What to do next.

If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim.

The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.

Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death.

About The Author

Peter Peckham is a freelance author from Wilson, North Carolina.

Whiplash Compensation Claims by Carolyn Clayton

Accident Claim Compensation presents the following information regarding whiplash injury claims.  Discuss your whiplash injury with an attorney for specific information on your potential case and claim.

Most whiplash injuries occur when you are in your car and another car smacks into the backend of your car. The impact of the collision pushes your car forward and your whole body is thrown forward and then backwards. People who experience whiplash may develop one or more of the following symptoms, usually within the first two days after the accident, neck pain and stiffness, headaches, pain in the shoulder or between the shoulder blades, low back pain, pain or numbness in the arm and/or hand dizziness ringing in the ears or blurred vision, difficulty concentrating or remembering, irritability, sleep disturbances, fatigue.

The extent and type of injuries varies from person to person. Most injuries are to soft tissues such as the disks, muscles and ligaments, and cannot be seen on standard X-rays. Your doctor may need to request specialized tests. Most people recover quickly although a small number develop chronic conditions that result in severe pain and sometimes disability.

To treat whiplash the best way is to encourage movement from early on, rather than immobilization. You can have a soft collar that can be used in the short term. It is recommended to add ice in the first 24 hours, followed by gentle active movement. Your doctor may provide you with a series of exercises that you can do at home. An early return to work is encouraged, even if your doctor must prescribe some temporary modifications in your work situation.

For pain relief you can get medication from your doctor, but exercises, physical therapy, traction, massage, heat, ice, injections and ultrasound are all proven to be beneficial. Most symptoms should resolve themselves within several months for most people who have whiplash but chronic conditions should be investigated further and might require surgery.

Claiming compensation for whiplash is your civil right. If someone collides with your car and you suffer whiplash as a result then you are entitled to receive compensation. Most personal injury solicitor will have dealt with a whiplash claim so would be able to advice you. You may have taken some time off work or in severe cases have to deal with an immobilising disability. And if the accident was not your fault then you would be daft not to take legal action. There are now ‘no win no fee’ agreements where solicitors take on a case for nothing and only get paid at the end if the case is successful. You need to find a good solicitor that explains everything clearly. Some companies have hidden costs that you need to be aware off. Finding a company that offers straightforward advice for no charge is the best place to start.