Monday, December 31, 2012

Settling a Personal Injury Claim With an Insurance Company - How to Get What You Want

A Southern California Personal Injury Lawyer's Advice:

Stand Your Ground
Insurance companies bank on your being scared or afraid of them. They may use deceitful tactics in order to lessen the amount you are asking for, or try to not pay you at all. Always remember that you are on equal playing levels with them and you deserve to be compensated for your injuries if or when the negligent person caused injury or other damage.
 
Get Organized
Let your inner student shine through. Insurance companies deal with claims daily so they know the ins and outs of the process. One missing doctor's report and the entire claim could be thrown out the window. It is very important to keep all records that have anything to do with your claim and organize them by date and type.
 
Knowledge is Power
As in all areas of life, "he (or she) with the most knowledge, wins." Dealing with insurance companies is no different. Know your case inside and out. Learn times, dates, numbers and names pertinent to your case. Also, learn the laws surrounding your case. What are the filing deadlines you must adhere to? Were you at partial fault in your accident? The more you know, the easier it will be to get what you want.
 
Be Confident
Believability is based largely on your credibility. If you can't look someone in the eye and tell them what you want and why, you're probably not going to get it. Think of insurance companies like dogs, if they can smell the fear in you, they will take advantage of  you. Being meek or mild makes you an easy target. Speak clearly, slowly, at a reasonable volume, and annunciate. Practice if you must, but make sure you have it down.
 
Don't Back Down
If you think about it, this makes sense. The insurance company's primary goal is to pay you as little as possible. If they see you back down even in the slightest detail, they will walk all over you. Some will try to negotiate in other ways before they start to negotiate in monetary terms just to see if you will waiver. Be clear with yourself about what you want and never give in.
 
Hire an Experienced Personal Injury Lawyer
No matter how "ready" you think you may be, you will be better off being represented by an experienced personal injury lawyer when dealing with an insurance company regarding your case and eventual settlement.  Personal injury attorneys deal with insurance companies every day and know how to communicate with the claims adjuster. They also have the negotiating skills and expertise to get you what you are entitled to. Look at it this way - you wouldn't do your own brain surgery, would you? Some things are just better left to professionals.   

Settling a Personal Injury Claim With an Insurance Company - How to Get What You Want
Settling a Personal Injury Claim With an Insurance Company - How to Get What You Want
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Protect yourself after any accident! Before you speak with anyone concerning your case, find out what your rights are and what compensation you may be entitled to, at [http://www.kuhnbelz.com]

Steven Kuhn has extensive experience in all areas of Personal Injury law. He is a lawyer and partner with Kuhn& Belz, a legal firm with Personal Injury specialists located in the San Juan Capistrano area of Orange County, in Southern California. [http://www.kuhnbelz.com]

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Sunday, December 16, 2012

How Much is My Neck Injury Worth in Compensation? A Guide to Compensation Amounts

Neck injuries, primarily whiplash and soft tissue injuries, are without doubt the most common side effect of being involved in a road traffic accident with another vehicle. Thousands of accident claims every year are made by people who have injured their necks in accidents on the road. this article will highlight some general figures for compensation claims involving neck injuries, which are detailed in the 9th Edition of the Judicial Studies Board Guidelines.

Quite often, if you have been in an accident where the vehicle you were travelling in has been hit by another vehicle, the force of the impact will have left you with some form of soft tissue injury. This could be anything from minor bruising, if you are fortunate, up to severe soft tissue injuries that may leave you with lasting pain and discomfort.

Minor neck injury: Less than £1,000
At the lower end of the scale, some minor neck injuries might in fact be worth less than £1,000, which might mean a claim would have to be made through the small claims court, and you would not be able to recover any legal costs. However in cases such as these, it is worth seeking independent legal advice as it might be possible your injuries are worth over the £1,000 small claims limit.

How Much is My Neck Injury Worth in Compensation? A Guide to Compensation Amounts

Whiplash injuries/other minor soft tissue injuries: £850 - £8,750
Whiplash injuries and other minor soft tissue injuries to the neck are typically worth in the region of £850 to £5,000. Compensation towards the upper end of this range is paid out in cases where the recovery from the injury takes between 18 months and 2 years. In cases where a whiplash injury has taken longer than two years to recover from, or where you have been left vulnerable to further injury, the injury component of your claim would be worth £5,000 to £8,750.

Moderate neck injury: £8,750 - £16,000
Moderate neck injuries might include things like wrenching injuries and disc lesions, which might be likely to leave you with limited movement in your neck. The level of compensation you could expect to receive for injuries of this level would depend on factors like the degree of restriction to the movement of your neck. Somewhere between £8,750 and £16,000 would be what we would expect to recover for clients with these types of injuries.

Severe neck injury: £35,000 - £95,000
Severe neck injuries range from fractures and dislocations of the bones in the neck right through to incomplete paraplegia and injuries that might require you to wear a supporting neck brace 24 hours a day for several years after your accident. Severe neck injuries will be worth between £35,000 and £95,000, although cases at this level are very rare.

How Much is My Neck Injury Worth in Compensation? A Guide to Compensation Amounts
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Being involved in an accident where you were not at fault can be, to put it mildly, an unpleasant experience. That is why accident lawyers and support staff are available to reassure you and to take the strain out of making a compensation claim against whoever was responsible for your accident and your neck injury.

Camps Solicitors can take care of your claim so all you have to concentrate on is recovering from your injuries and getting back on with your life. As well as recovering money for your injury, Camps Solicitors can also arrange for you to receive physiotherapy to help you to improve the movement in your neck and to reduce any aches or pains associated with your injury, or other medical intervention that an independent doctor recommends you to have.

For more information on the kinds of services we offer to people who have suffered neck injuries in accidents where they were not to blame view our neck injury claim page or visit our main site to learn more about making an accident claim.

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Saturday, December 8, 2012

Whiplash Injury Settlement - Neck Injuries From Car Accidents Are Real and Often Warrant a Whiplash

Perhaps no other common injury has been the butt of more lawyer jokes than whiplash. Just mention the word and visions of insurance fraud cases and shyster suits come to mind immediately. The sad fact is that whiplash is common in rear-end accidents, it can lead to life-altering permanent damage and it is definitely not a joke to those who can no longer provide for their families because of this injury. In these cases, consulting with an attorney may lead to a whiplash injury settlement.

What exactly is whiplash? It is a neck injury that most often occurs in a rear end car accident that causes the head to violently move backward and forward in a split second. It has inherited this moniker because the movements are so sudden and so rapid it is literally like a whip cracking. Because it is generally unanticipated and rapid, the force affects the neck's ligaments and muscles by moving them far beyond their typical range of motion.

The symptoms of whiplash can be immediate or take several days to appear and range from the very mild, like waking up with a stiff neck, to incredibly severe and disabling. The injury can manifest in other ways such as headaches, shoulder pain, blurry vision, vertigo type dizziness or even ringing in the ear. Less obvious early but potentially more complicated symptoms include those that affect day to day functions like concentration, sleep patterns and memory. These latter symptoms could be the precursors for a whiplash injury settlement.

Whiplash Injury Settlement - Neck Injuries From Car Accidents Are Real and Often Warrant a Whiplash

It is critical to seek medical attention in any sort of violent accident or collision and in the case of whiplash symptoms; a person needs to see a doctor quickly if these include pain that spreads into the arms, extreme discomfort when moving the head, and any type of numb feeling, tingling or unusual weakness in the arms. A doctor will assess range of movement, tenderness in the neck and may order x-rays to check for fractures as well as an MRI or CAT scan to check on damage to nerves and soft tissue. It is estimated that 15-40 percent of whiplash victims will have pain for months after the event. Sadly, for many suffering from chronic severe neck pain, no physical damage to neck disks and ligaments can be identified even though the pain and limited motion are very real.

When chronic pain prevents a whiplash victim from pursuing his or her livelihood it is common to seek legal advice and pursue legal action when the injury is the result of another's negligence. While the injured party is entitled to reasonable compensation, the legal process can drag on for months or sometimes even years before a whiplash injury settlement is reached. In addition to the medical issues, now the injured person faces possible financial ruin if they cannot work and have no other resources. When faced with prolonged months without income and mounting debt, injured people often opt to settle for far less than they legally could be entitled to receive.

When no other alternatives exist and the injured person can no longer financially survive, one option to consider is pre-settlement lawsuit funding services. Sometimes referred to as a non-recourse loan, this loan is when the injured party contracts with a lawsuit funding service to receive a loan against the eventual lawsuit proceeds. If the case is lost in court, the client is not required to pay this money back. It is critical when pursuing a whiplash injury settlement to select a lawsuit funding service that is well-established, and that clearly explains every detail and is recognized as a reputable member of the local business community.

Whiplash Injury Settlement - Neck Injuries From Car Accidents Are Real and Often Warrant a Whiplash
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Those who have been injured in an accident or any other incident may want to look into soft tissue injury settlement. This type of Whiplash Injury Settlement advance is only for those who have no other monetary options to fall back on, but can be a life saver if needed.

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Tuesday, December 4, 2012

Parking Lot Accident - Fault, Negligence and Other Issues

A parking lot accident can ruin your weekend. If you ever went to the grocery store, you know that the
parking lot is a deadly trap. It is not uncommon seeing people backing out while
smoking a cigarette, or talking in their cellular phone. It is even worst when
you honk at them and they look at you as if you were doing something wrong. If
you are in a parking lot accident, there are several things you need to know
about before it is too late.

Most parking lots in America are considered private
property, and most of the accidents are low speed impacts. This means that
"usually" there will not be people making bodily injury claims, at least not at
the scene. The combination of the two allows the police decline your call for
help. It is very likely that the police will not respond to document the
damages.

You will be left at your own devices to get the other
party's information and defending your case. A parking lot accident usually gets
complicated. Drivers have very different perspectives of what happened and word
vs. word situations will most likely arise if you do not have witnesses
(insurance companies require independent witnesses, so your passengers will not
count).

Parking Lot Accident - Fault, Negligence and Other Issues

It is often the case that the other party will not want to
give you their information. This is when things can get ugly. How can you file a
claim if you do not have their information? Call the police again (even if that
is after they left) and try to get them to come out. If they don't, then go to
the closes police station and file a walk in report. Write everything you know
and exactly what happened. This will help you later on to document your claim.

There are two reasons why people won't give you their
insurance information. Either they do not have insurance (way to often in the
U.S.) or they think you are responsible for the accident. The common view is "if
you hit me, then your insurance should pay". In no fault statues (like
Michigan), this does not apply, but all fault states most driver do not want to
file against their own insurance company. Although this is a reasonable
deduction, it is misguided.

Insurance agents try to discourage people from making claim
against their own insurance policy. They worry about your rates. Most of the
time, your rates will not be affected if you are a good customer and the
accident is not your fault. Agents also have personal motives for this; they
have "loss ratio" percentages that can lower their commissions, so they want to
discourage claims as much as they can. No filing a claim can jeopardize
coverage, you have a duty to report an accident, and not doing so can left you
without coverage.

This can put you in a very bad spot. If you do not file a
claim then no defense against bodily injury claims and ludicrous claim will be
paid by the insurance company. Protecting your defense rights can save you
thousands of dollars in legal fees in paying someone's alleged injuries.

Even if your parking lot accident is minor and the damages
are not significant, call the insurance company and put them on notice. This
will protect you in case the other party makes a claim against you. Remember
that a parking lot accident is the single most disputed accident out there.

Make sure you file a police report, even if that is a walk
in report. This will protect you in case the other person does not have
insurance. Most

Uninsured Property Damage Coverage in the policy makes it a requirement that
you file a police report, this will accomplish that.

It is a great idea to go back to the parking lot and talk
to the business owners (or managers). Many parking lots in America have
surveillance cameras and it is likely that the accident was caught in tape. This
will be the single most important piece of evidence. Should your adjuster get
that? Yeah, she should. But that does not mean that she will. Unfortunately
there are many adjusters that will only take a recorded statement and call it an
investigation.

Parking Lot Accident - Fault, Negligence and Other Issues
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All the best, Hector Quiroga
© Copyright www.auto-insurance-claim-advice.com

Hector Quiroga has a high interest in helping consumers gain knowledge of the auto insurance claim process for both property damage and bodily injury claims. In his website he covers in great detail what a car accident investigation entails and share many helpful tips for detail how to handle insurance companies and their adjusters.

To read more about a complete parking lot accident investigation, click here

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Saturday, December 1, 2012

Personal Injury Slip and Fall Settlements

Slip and fall accidents cause personal injury when somebody falls down on another's property that is in a dangerous situation. Risky conditions that can cause trouble are snow, poor lighting, unexpected slits in floors or blocks on the ground. Personal injury slip and fall settlements can claim compensation for medical costs, pain and suffering as well as economic troubles.

Personal injury slip and fall settlements normally have scope outside the court. One can initially talk with the property owner regarding hazardous conditions that caused the injury. They can try to meet the sufferings of the injured one at a cost acceptable by both parties. Settlements to cover lost income due to the incapability to work and property damages are very supportive for the victim. Doctor's visits, hospitalization and rehabilitation therapy are quite costly. Personal injury slip and fall settlements also reimburse medical bills. Records of injuries and other economic and non economic expenses are needed to claim a settlement.

One can pursue a claim against public or private property that causes personal injury due to negligence. If the property owner does not agree with the conditions, the help of expert attorneys handling personal injury slip and fall settlements becomes crucial. They assist in filing suits and claims, evaluate the damages and try to get maximum compensation. The service of a competent attorney protects the rights of victims injured by the ignorance of others.

Personal Injury Slip and Fall Settlements

Submit details about the personal injury if you have personal insurance policies that allow for medical claims. If the landowner has an insurance policy, the victim has the right to claim for compensation from that particular policy as well. Reviewing similar cases is useful in claiming adequate compensation. It gives an overall idea regarding procedures and the amount of compensation allocated for various personal injury slip and fall settlements.

Personal Injury Slip and Fall Settlements
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Personal Injury Settlements [http://www.e-personalinjurysettlements.com] provides detailed information on Auto Accident Personal Injury Settlements, Average Personal Injury Settlements, Personal Injury Insurance Settlements, Personal Injury Settlement Amounts and more. Personal Injury Settlements is affiliated with Personal Injury Settlements [http://www.e-PersonalInjury.com].

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Wednesday, November 28, 2012

Auto Accident Personal Injury Settlements

Auto accident personal injury settlements offer the compensation amount for the injured victim in an auto accident when the claim is handled through insurance. The increasing rate in the amount of more motor vehicle accidents in the United States makes auto accident insurance settlements one of the most prolific types amongst the insurance settlements. Settlement offers you negotiation for personal injury claims.

According to Bureau of Transportation statistics, at least five million motor vehicle accidents are recorded every year on the nation's roadways, two million people are injured, and at least 20,000 people die. Auto accident personal injury settlements are also possible in various injury and property damage auto accident situations.

Other statistics, however, report that over 40,000 people die in car accidents every year, every minute there are 5 deaths and 5 serious injuries caused by the motor vehicle crash. Auto accidents are the leading cause of death for people under 30. Approximately 6,000 pedestrian deaths and 100,000 pedestrian injuries are recorded every year. More importantly, one third of Americans will be involved in an alcohol-related traffic accident. Collisions with motor vehicles result in about 800 deaths of people riding bicycles every year.

Auto Accident Personal Injury Settlements

A professional attorney can help you with auto accident personal injury settlements by ensuring the victim's claim. The victim's rights are protected through proper negotiations. The first step of an auto accident settlement is to file the claim with the insurance company, which should be done soon after the accident. A claim adjuster then verifies the facts in order to determine the liability and the incurred amount of damages. The verification provides you the amount of the personal injury which can be claimed.

Through auto accident personal injury settlements, it is possible that you can receive reparations for the medical expenses, loss of wages, pain and suffering awards, and property damages. A legal professional can help you in receiving legal and fair compensation for your injuries in an auto accident settlement.

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Friday, November 23, 2012

How Much Compensation for a Knee Injury?

How much compensation for a Knee Injury?

Have you had an accident playing football damaged your knee? Maybe you were in a car accident and your knee was damages? Would you like to know what compensation you might be entitled too?

Well for a start damage to the knee can be quite serious, we all need our knees functioning properly to be able to walk and go about our daily routine. Depending on the extent of your injury will depend on how much compensation you will get. The amount of compensation for any knee injuries falls between a few hundred pounds for a simple twist to up to £50,000 for more serious injuries.

How Much Compensation for a Knee Injury?

The amount of compensation you could receive from a serious knee injury where the injured had lengthy treatment, a considerable amount of pain and loss of function, arthrodesis or arthroplasty has taken place or is inevitable the amount would be in the region of £40,750 to £56,000.

For a less fracture extending into the knee joint causing constant pain, limiting movement, loss of agility with the possibility of osteoarthritis the amount of compensation you might receive would be in the region of £30,500 to £40,750.

A less severe knee injury resulting in less severe disability where there is still continuing symptoms of pain and limitation of movement could result in a award of £15,500 to £25,000.
Moderate knee injuries involving dislocation, torn cartilage or meniscus which might accelerate symptoms from a pre-existing condition which result in minor instability, weakness or other mild future disability the amount you could receive in compensation would be in the region of £8,400 to £15,500.

Less serious moderate knee injuries where there maybe some pain and discomfort, the amount of compensation would be in the region of £8,150. Where there has been complete recovery the award is unlikely to exceed £3,500.

These amounts are from the judicial studies board as of 2006. For more accurate information about your injury and how to go about making a claim you will need to find a competent accident solicitor. Companies that specialises in offering free impartial advice that can explain the no win no fee agreement in simple terms are the ones to go for. There are so many no win no fee accident solicitors in the UK and they are all competing for your cases. Unfortunately it can be big business for solicitors as they demand huge fees. The best solicitors are the ones that put you and your needs first.

You may have heard of the term 'no win no fee'. It is often used and rarely understood. It basically means that the solicitor is working for free until the case is won. When the case is one your solicitor will claim its own expenses back from the person who was responsible. If the negligence was on the part of your employer then your employer should have insurance to cover this. There maybe a chance that you may loose you case in which case you will be offered insurance to protect you from the costs also. Generally a good solicitor will only take on a case they believe they can win.

Remember claiming compensation for accidents is your legal and civil right. If the accident was not your fault and you have suffered because of the injury then you have every right to pursue a claim and you should.

How Much Compensation for a Knee Injury?
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Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with Knee Injury Claims .

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Tuesday, November 20, 2012

Medical Malpractice - 10 Reasons Why You Shouldn't Sue Your Doctor

1. You like your doctor

So, what's wrong with that? Nothing. Most of us like our doctors. That's why we trust them and keep going back to them for treatment. But should the fact that you like your doctor prevent you from seeking compensation when he or she committed wrongdoing that caused you physical and emotional injury?

The law in New York permits anyone who has been injured by another to bring a lawsuit for compensation. This law originated from common law and goes back hundreds of years. In fact in some religions there is evidence that this type of law goes back thousands of years. It makes good common sense. If another person causes you harm, you are entitled to obtain money to pay for your medical expenses, your lost earnings, your future lost earnings, the damage to your property, and of course, compensation for the pain and suffering you endured.

Medical Malpractice - 10 Reasons Why You Shouldn't Sue Your Doctor

So, should the fact that you like your doctor prevent you from bringing a lawsuit? It might make you feel uncomfortable, but I guarantee that when you start to think about your disabling injuries and how your doctor caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.

2. What good will the money do for you?

This is a common rhetorical question that defense attorneys often ask plaintiff's lawyers. "The money won't bring your loved one back," "The money won't make you whole again," "The money you're asking for isn't going to change anything..."

However, money is the only thing that our justice system allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, we are prohibited from taking justice into our own hands. Therefore, what else can we obtain for the injured victim? Money is the only thing that allows us to pay the medical bills that were generated as a result of the wrongdoing. Money is going to make the victim more financially secure. Money will help the injured victim with ongoing medical care and rehabilitation. The injured victim will not be a burden on a City or governmental handout. Money will help his children go to school or camp. Money may help with modifications needed in his home- such as a wheelchair ramp or modified kitchen appliances.

Money can never make us whole, or replace the agony and suffering that was caused by a doctor or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same action again, and hopefully prevent the next person from being a malpractice victim.

3. Your doctor's reputation will be tarnished

Contrary to popular opinion, (or at least from the doctor's insurance company) this is not an accurate statement. Most people living in a civilized society recognize the right to sue. The fact that a doctor has been or is sued is not that significant. If you ask a doctor if they've been sued, they will often be quick to explain how the case had no merit. Importantly, the physician will still continue to practice medicine and there will usually be no disciplinary action taken as a result of a civil medical malpractice lawsuit. The belief that a doctor's reputation will suffer a blemish if sued, is simply not correct.

4. Your doctor will be banished from his community

Once again, this statement is not true. The doctor will continue to practice medicine (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The doctor will not lose their license, and in all probability, the award will not be reported in the local papers, and most of his patients won't even know of the lawsuit or the award.

5. Your doctor will shut his medical practice

No he won't. He might be outraged that he has to defend a lawsuit and take time away from his practice for a few days, but there is no reason for him to shut his medical practice.

In very extreme cases where the physician is a threat to the health and well-being of his patients, the New York State Department of Health can and will shut down the doctor's practice and revoke his license to practice.

But, in the majority of cases, this does not happen, and the doctor continues on with his practice and his life.

6. Your doctor may lose his license

Not true. A civil lawsuit in New York has no effect on whether a doctor does or does not lose his license to practice medicine. In order for a New York doctor to lose his license, the New York State Department of Health investigates a complaint of wrongdoing. After extensive investigation and after a hearing where the physician gets to explain what happened and why, the Department of Health reaches their own conclusions about whether treatment was rendered in accordance with good medical care or whether there were deficiencies.

The options to punish or cure the deficiencies are many, and only as the most extreme- and last resort option would the Health Department revoke a physician's license. But simply by bringing a lawsuit against a physician for monetary compensation does not affect his license to practice medicine.

7. Your doctor may alter your records

Believe it or not, this has been known to occur in rare instances. When it does, the attorney representing you may be able to prove it. If your lawyer is able to prove that your doctor altered your records, the doctor could suffer significant penalties and could lose his license to practice medicine. The fact that he may or may not alter your records should not prevent you from investigating and/or pursuing an action on your behalf. There are usually other ways to determine what treatment was rendered, and often such action by a doctor can help your case by showing the extent to which the doctor tried to cover up the wrongdoing.

8. Your doctor may apologize and tell you it was all a mistake

There are recent medical and insurance studies that have confirmed that when doctors and hospital staff are straightforward and honest about what happened, patients and their families tend to understand that 'not everyone is perfect'. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and arrange to have the hospital immediately reconcile financially with the patient and his family. The studies indicate this works.

Does that mean that you shouldn't sue because the doctor apologized? Not necessarily. An apology may not solve your problems. You need to decide whether such an apology is sufficient. Most people will tell you it's not.

9. Your friends and family may think you're a gold-digger

If you live your life concerned about what your friends and family think, then maybe you shouldn't sue-under any circumstance. Your friends have not experienced what you have gone through. Nor do they live with the constant pain and disability that you have. They may not truly understand what you will live with for the rest of your life.

Some folks simply don't want their friends and family to know they're involved in a lawsuit. The reasons are endless. "I don't want anyone knowing my business." "I don't want my neighbors knowing how much of an award I received." "I don't want my family members asking me for money- this is for my future- I can't work anymore, and I can't afford to give it away." "I don't want my relatives to argue with me about why I sued my doctor."

You must decide for yourself whether these concerns outweigh your legal right to bring suit and recover money for your injuries.

10. Your injuries aren't that disabling

There are cases where the injuries are significant, but have cleared up after many months or years. The fact that you may no longer be permanently disabled is a factor to determine how much your case is worth. If you are no longer disabled- we congratulate you and your success in overcoming your injuries. If you can do those activities that you used to do, we are extremely pleased with your recovery. You should know however, that such success means that the value of your case may be limited to the time you were injured and disabled. Most people would agree with this result. You only can receive compensation for the time you were injured and disabled.

Many injured folks may make a recovery, but still be unable to do all of those daily life activities they used to do. Where there is an ongoing problem or disability, the value of your case is generally greater than where you have totally healed.

Medical Malpractice - 10 Reasons Why You Shouldn't Sue Your Doctor
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Gerry Oginski is an experienced New York medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you.
oginski-law.com
516-487-8207

Also, take a look at Gerry's FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com

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Friday, November 16, 2012

Neck Injury Settlements

Neck injuries are caused by automobile accidents, or by physical trauma like slips and falls. Most neck injuries are not serious, but some that are seemingly innocuous can cause major problems later on. It is always best to consult a physician and a personal injury settlement attorney if you have been involved in an accident and suffer a neck injury.

Whiplash neck injuries are notorious, because they show no visible symptoms other than some discomfort that vanishes over time. Serious consequences like paralysis, disability and numbness can develop later on. The damage to the soft spinal cord tissue shows up after years in the form of chronic pain, paralysis and, in some cases, death. Take the case of a woman who was involved in a car accident and settled for a small compensation amount for what she thought was a minor neck sprain. Her injury became so serious over the years that she was ultimately confined to a wheelchair, unable to walk or move her lower body. Because she had already settled her personal injury claim, she could not sue again. Her mounting medical bills forced her into bankruptcy.

Always hire an experienced attorney to represent you in a neck injury case. Neck injuries have a very uncertain prognosis, and what seems minor, can escalate into paralysis. Only an experienced attorney will know how to claim compensation for an injury not yet serious, but having chances of becoming so. The lawyer needs to understand medical facts and discuss the outcome of the whiplash injury with physicians. If he is not able to convince the jury a fair compensation is needed because an injury might worsen over the years, it could lead to serious financial loss for the victim.

Neck Injury Settlements
Neck Injury Settlements
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Injury Settlements provides detailed information about injury settlements, burn injury settlements, hydrocodone injury settlements and more. Injury Settlements is affiliated with Debt Settlements.

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Tuesday, November 13, 2012

Personal Injury Law and the Four Elements of Tort

A personal injury happens when a victim has been hurt either on his body, his mind or through his emotions by no fault of his own. These types of injuries fall under a category known as tort. The definition of tort is, "is a civil wrong, giving rise to a cause of action, independent of a contract." Tort has been committed when a person violates his/her duties to others.

Four Elements of Tort

Tort occurs when a person deliberately causes harm to a person or his property. According to quizlaw.com, there are four known elements of tort:

Personal Injury Law and the Four Elements of Tort

1. "The existence of a legal duty owed by a person to others."

2. "The breach of the duty by one person."

3. "The breach of the duty being the "proximate cause" of damages suffered by a person."

4. "Damages incurred by a person."

If a case contains all of these four elements, then it can be defined as a successful tort case. Types of tort cases usually involve traffic accidents, medical mistakes, asbestos exposure and slip and fall claims.

Slip and fall accidents

What exactly does it mean when there is a claim for slip and fall? A Slip and fall claim occurs when someone falls and hurts themselves on another person's property because of dangerous conditions. Dangerous conditions includes snow and ice on the ground, unexpected cracks in a floor, poor lighting or rough patches on the ground. If a victim hurts themselves on someone else's property, they may be reimbursed for medical costs or receive assistance to help for medical coverage. When property owners do not provide safe conditions, they can be liable if someone hurts himself on their property.

Traffic accidents

Traffic accidents will be different in each state. They may be put into two categories: no-fault and at-fault. Most states offer the no fault system. Through the no-fault system, it doesn't matter who or what the cause of the accident was. Each individual will be responsible for his/her own loss. Some incidents are based on the cost of damage while others are based on circumstance. If he/she had an accident through the result of breaking the law, then it will be handled accordingly. There are states that follow the "at-fault" policy. The driver that caused the accident will be responsible for the damage that was caused. With this type of policy, then traffic accident lawsuits are more common. Insurance coverage policies will also come into play when it comes to traffic accidents too.

Medical mistakes

What is medical malpractice? Medical malpractice occurs when an injury or death occurs from a mistake made by a physician. The injury would not have occurred if the doctor had not made the mistake. Medical mistakes can also cause loss of wages, extra medical bills, mental stress or sometimes even death. One must remember that if the malpractice happened through standard medical care by your doctor in your area, a medical malpractice suit will not be successful.

When to seek a lawyer

If you have been a victim of personal injury through tort or negligence, then you have a right to file a claim. Once you have filed a police report, sought medical care and have photos, you can take your evidence to a lawyer who specializes in personal injuries. He/she will help you to make a strong case.

Personal Injury Law and the Four Elements of Tort
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If you need a personal injury lawyer in Honolulu visit Personal Injury Law.

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