If you get involved in a car accident, there are certain things you should do to protect your health, rights and interests
Being involved in a car accident leads to a distressing situation where people often lose the ability to think rationally. If you are a passenger traveling from one place to another and get involved in an accident, you may find yourself in a similar situation. You might be confused about whose insurance will cover your injuries—your driver’s, the other driver’s, or your own. Here is a brief guide to understanding insurance claims for passengers that are involved in an accident.
Insurance companies must first determine which party is responsible for the accident. Attorneys specializing in personal injury, car accident, truck accident, and wrongful death usually investigate the case, read up police reports, and obtain evidence and extract statements from eyewitnesses and different parties involved in the accident to determine the liability.
FILING A CLAIM AGAINST YOUR DRIVER’S INSURANCE POLICY
Following the investigation, if the fault of your driver is established, then you as the passenger are legally entitled to file a compensation claim against his/her insurance policy. Passengers are eligible to receive compensation, monetary or otherwise, for any hurt, wounds, and injuries suffered. The accident liabilities cover all medical and rehabilitation expenses, ongoing or in the future, in addition to damages for pain and suffering, income loss due to reduced ability to work, and several other losses.
FILING A CLAIM AGAINST THE INSURANCE POLICY OF THE OTHER DRIVER
If the investigation establishes the fault of the other driver, it is befitting for your driver to file a claim against their insurance policy and seek appropriate compensation for the pain and injury suffered. However, it is important to remember that the maximum reimbursement a passenger can seek and receive cannot go beyond the total value of the claim.
FILING A CLAIM AGAINST THE INSURANCE POLICY OF THE PASSENGER
A passenger caught in an accident may file a claim against their own insurance policy. Such an insurance cover is independent of liability, and does not depend on whether the passenger is at fault or not. Pain and suffering are usually not covered under the policy. If a victim receives compensation from his/her own coverage, they are not entitled to payment from the driver’s insurance. If they do receive recompense from the driver’s insurance, the amount already received would be deducted from the settlement.
LEGAL AID AND ASSISTANCE
Being the casualty of an accident is overwhelming as it leaves us with a feeling of helplessness. Involvement in a road accident often leads to a profound sense of vulnerability. It is worth noting that even if you do not have car insurance, you are entitled to coverage under the insurance policy of the driver. The amount you claim and are finally able to recover will be based on the quantum of loss and damage. For recovering the compensation you deserve, seek out expert legal representatives.
A qualified professional with a degree in law who has passed a bar examination is eligible to become a lawyer and if they so wish, opt to become a personal injury attorney. The concept of personal injury revolves around ‘tort laws’. A personal injury lawyer provides legal services to people who have been victims of accidents, sustained harm or injury, and are seeking compensation on account of the negligence of individuals or organizations. The injury could be both physical and psychological in nature.
The basic education and training of personal injury lawyers is the same as any other lawyer. The process requires them to obtain a law degree and pass a written bar examination. Personal injury lawyers further specialize in tort law but many of them go a step further to obtain certification in civil trial advocacy. For this, a certification program accredited by the National Board of Legal Specialty Certification (NBLSC) needs to be completed. The NBLSC is a non-profit organization accredited by the American Bar Association and enjoys worldwide recognition.
Apart from a degree in law, a personal injury attorney needs certain additional skills to excel in the profession. Good oratory skills, analytical skills, negotiation skills, and interpersonal skills are needed to become a successful personal injury lawyer.
NUANCED UNDERSTANDING OF PERSONAL INJURY LAW
The personal injury laws in Montgomery are quite vast, which is why a good track record in handling a variety of cases is needed to become a successful personal injury lawyer. A reliable personal injury attorney should be backed by a series of cases that have yielded successful outcomes. This can only be accomplished when the perception of the lawyer is rooted in a layered understanding of the personal injury laws in the US.
ACCREDITATIONS AND CERTIFICATION
To become a personal injury lawyer, an individual needs to be certified by the Board of Legal Specialization. This accreditation is a professional acknowledgement of the positive efforts in safeguarding the rights of clients in recovering the appropriate compensation. The certification implies that the lawyer is adept at resolving diverse personal injury cases, be it workplace-related injuries, injuries sustained in automobile accident, or those caused by medical malpractice.
The lawyers associated with Manley Traeger have been in the field for several decades now assisting their clients in recovering suitable financial compensation for their losses, including medical and rehabilitation costs, lost income etc. Manley Traeger ensures that your interests are fully protected. Contact our personal injury attorneys today!
Litigations that are civil in nature are usually filed by petitioners who claim that an offender or a perpetrator has failed to adhere to their legal duties, causing them a significant amount of harm and distress. When the latter goes beyond the ambit of criminality, a civil litigation may be the lone solution.
DETERMINING LITIGATION EXPENDITURE
Depending upon the nature of civil litigation, filing a lawsuit may either cost you a lot or lead to a significant reduction in the overall compensation amount. In addition to the payment made to an attorney, there are other costs too such as document preparation fee, filing fee, and payments made to witnesses. Determining the exact cost of a civil litigation, initially, is extremely difficult as it will be dependent upon your residential area and the attorney you hire.
HOW ATTORNEYS CHARGE THEIR FEES
Although there is diversity in the fee structure of attorneys, they are broadly classified in terms of what they charge for an hour, on a contingency basis, and as refundable retainers. Here are some of the common ways in which the legal fee structure is organized:
- Fee on an hourly basis: Every attorney has an hourly fee structure. The hourly rates are subject to the experience a lawyer has and the city they practice in. For clients looking for isolated services such as the examining of a severance agreement, a payment arrangement on an hourly basis works best for them.
- Payment on a contingent basis: An attorney charges a contingent fee when you plan to file a lawsuit. This amount is usually a percentage of the compensation that the client seeks to recover from the party at fault. The attorney will seek this payment only when the monetary reward is fully recovered.
- Refundable retainers: Retainers are meant to include and cover non-fee expenditures such as the expenses pertaining to preparation of files, depositions, and expert witness fee. An attorney withdraws this money as and when needed.
CAN THE FEE OF AN ATTORNEY BE NEGOTIATED?
Just like the negotiations for any other professional services, an attorney’s fee can also be negotiated. The best possible way to negotiate would be to first make a realistic evaluation of the losses and see how much can be recovered, and thereafter, maximize the outcome.
ENGAGE ATTORNEY AT LAW OFFICES OF MANLEY TRAEGER
In an incident of hurt and injury, it is prudent to seek the assistance of an attorney at the Law Offices of Manley Traeger. A seasoned solicitor well-versed with the nuanced legal technicalities will take a significant load off your shoulders. However, if paying an attorney is beyond your budget, it will be prudent to file a claim on your own.
Are you unhappy with the settlement money you have received? Having negotiated a personal injury settlement claim with an insurance company, it is quite probable that the compensation offered could be low and, therefore, a proper procedure may have to be followed to make a counteroffer. There is also no particular time limit for receiving a settlement offer. While some petitioners receive their settlements quite early, some are made to wait without any specified time-frame. Unless a settlement offer has been made, a claimant cannot reject an offer. The duration of the rejection of a settlement offer and the counteroffer, therefore, depends upon the time the insurance company takes to evaluate your entitlement.
INITIAL SETTLEMENT OFFER
In the case of a personal injury, if the settlement offered is low, there could be a way to resolve the issue. There could be multiple reasons for a low compensation. The person evaluating your claims may have wrongly concluded that the hurt and injury caused was not as serious as stated. It is worth noting that insurance companies are in existence to make profits. If an insurer offers you a low settlement, they usually do not have much to lose. But in case the initial offer is not satisfactory, rejecting it can be the best option. The experienced attorneys at Manley Traeger guide their clients by cautioning them of the fact that insurers always pay a poor initial settlement, hoping their naive personal injury claimants to accept the offer.
CONSIDERING CERTAIN FACTORS BEFORE ACCEPTING OFFER
Before accepting the initial settlement, it is sensible to take three important factors into consideration:
- If the medical and rehabilitation costs are ongoing and are likely to stretch for long in the future, the compensation offered should cover them all.
- Since recuperating from an accident impacts one’s income, it is wise to assess the impact your injuries will have on your capacity to continue working.
- A personal injury goes beyond its physical aftereffects. It has emotional and psychological consequences too. Mental turmoil, pain and suffering, edgy relationships within the family, and a lower quality of life are subsumed under non-economic damages.
TIPS TO DEAL WITH POOR COMPENSATION
Here are certain tips that will help you tackle unexpected and unreasonably low settlement offers made initially:
- Once the first settlement offer is made and is found unfair, be patient. If the initial offer is unsatisfactory, it is wise to refer to evidences that support your claims.
- A low settlement offer could be a consequence of insufficient evidence of the extent and severity of your hurt and injuries. After the first compensation offer is made, it is intelligent to address every point you seek to counter in writing. If the arguments put forth are corroborated by adequate documentation and substantial evidence, it will make your case stronger.
- The latest copies of your medical bills, pharmacy receipts, diagnosis results, and other documents that support your claim should be provided to the insurance companies handling your claim.
- Emphasizing on the strong aspects of your claims while negotiating with an insurance company will make your case gain momentum.
SEEKING ASSISTANCE AT MANLEY TRAEGER
If you are injured on account of the negligence of others and are unhappy with the initial settlement offered, approach a personal injury attorney at the Law Offices of Manley Traeger whose solicitors are adept in handling such lowball settlement claims and have the experience to negotiate with insurance companies to achieve a positive outcome.
While no one can really predict it, the truth is sometime inevitably, you or a loved one gets involved in a serious accident on account of negligence or the callous decision-making of others. The recuperation phase, for you or your loved one, can be overwhelming and the process of claiming insurance can simply be relegated to a future course of time. Ideally, after an accident takes place, the medical and the claim settlement process should follow instantly wherein it is advisable to hire a personal injury attorney who can help you with your recovery claim.
Here are some key reasons for hiring an attorney to settle an accident injury claim:
ESTIMATING HOW MUCH YOUR CLAIM is WORTH
Accident victims, mostly, are unaware of the insurance amount they can receive as their personal injury claim. Certain digital tools can help you figure out the approximate value of your claim even if they do not provide you with the accurate figure. Procuring a satisfactory settlement necessitates an all-inclusive understanding of the subtleties specific to your injury case. All injury claims are different from each other. Seeking the assistance of a personal injury attorney allows you to make use of their expertise in obtaining a higher settlement amount.
COMPREHENDING LEGAL PROCESS
Having a fair idea of how much your claim is worth doesn’t necessarily imply familiarity with the legal procedures involved in settling the claim. You may not be familiar with the legal documents that need to be filed or the applicable statute of limitations. It is, therefore, important to comprehend that insurance companies are no less than business houses striving hard to pay minimum compensation. The lack of legal information provides insurance companies with the opportunity to trick you, causing you to settle for a much lower payment than you are entitled to.
ABIDING BY STATUTE OF LIMITATIONS
Petitioners who are not adequately represented by an attorney fail to consider the statute of limitations. Every state in the US has a specified deadline within which a compensation claim needs to be filed. If a litigation is not filed in the designated time frame, you might end up losing your right to sue the party responsible for your injury and receive compensation.
DEALING WITH INSURANCE COMPANIES
Most sufferers are not able to comprehend that insurance policy limitations affect their chances of claiming compensation. If an insurance company refutes your claim, assistance from a trained personal injury attorney might help your cause.
Professional legal representatives are experienced and well-versed with the nature of complicated personal injury cases. If you are looking forward to settling your case that involves compensation, consult a Manley Traeger attorney now.
It is distressing to be involved in any accident – be it a car accident, a motorcycle accident, a truck accident, or one that results in a wrongful death. The state of affairs is further complicated when the concerned insurance companies try to pass the buck by shifting the responsibility to someone else other than the driver. Being a passenger, there is no way you can be blamed for a collision. In circumstances such as this, employing an attorney to handle your insurance claim could assist you in safeguarding your rights and getting appropriate compensation.
HOW TO PROCEED WITH YOUR CLAIM?
- If the driver behind the wheels is allegedly at fault, a passenger in that vehicle will have a legal right to file litigation against the insurance policy of the driver. Such a legal claim covers medical expenses and rehabilitation costs including ongoing and future expenses, lost wages, and pain and suffering. If the driver is, in any way, related to the passenger, special rules will come into force and the technicalities will be best handled after a legal representative is employed.
- In a scenario wherein the other driver is found to be at fault, a passenger will have the legal right to file a claim against the insurance coverage of this individual. Even when there is a shared liability of both the drivers and the fault of the other driver is less than the one the passenger was traveling with, the traveler will have the right to claim compensation from the other driver. The maximum amount of compensation that can be received by the passenger cannot be more than the total value of the claim.
- After an accident, a passenger may file a legal claim against their own insurance policy. Such a claim does not require a passenger to prove their accountability. However, several rules and regulations need to be abided by when it comes to claiming insurance. If a person collects their own coverage money and later gets compensated from the driver’s insurance, the amount that is already received is subtracted from the settlement money.
RECEIVE LEGAL ASSISTANCE
An involvement in a car accident can create havoc in one’s life. When a passenger sustains an injury, the first priority should be given to medical requirements. Consulting a personal injury lawyer, however, is indispensable in order to file a claim. Passengers who employ a separate personal injury attorney are able to safeguard their own interest. A legal representative guides a petitioner in recovering appropriate compensation for the damages they suffer. Insurance companies often refuse to compensate a claimant adequately, which is when a comprehensive understanding of the relevant laws helps personal injury attorneys tackle them successfully. When you suffer an injury as a consequence of maleficence, it could lead to significant medical expenses. A personal injury lawyer will help you get proper financial compensation for your losses. Contact the Law Offices of Manley Traeger to schedule a free consultation with our legal team.
In general, unless and until there is no life-changing situation, no one feels like contacting a lawyer because not every problem requires one. But circumstances wherein someone files a lawsuit against you, there are legal proceedings that require your involvement, a major auto accident happens that causes injuries, there’s a property damage, you receive ill-treatment at the hands of a law enforcement agency or the police, you are discriminated or harassed at your workplace, or you are denied a disability claim, it becomes important to hire a lawyer.
TRICKY INSURANCE COMPANY
In cases of accidents wherein no one is hurt or injured, it is not necessary to get an attorney on board. But in major accident cases wherein there is a substantial amount of injury, the police doesn’t hold someone accountable, or the concerned insurance company denies your claim, consulting a lawyer becomes imperative.
Insurance companies deny a claim when the person responsible for the accident isn’t held guilty immediately. In the hope that people will give up their claims, some insurance companies deny them altogether. If a claim comprises the involvement of several insurance agencies, they will contest over who is responsible and who is not. Actions of this nature by insurance companies cause significant delays in claim recovery.
While it is extremely important to be aware of the deadline and adhere to it, people often fail to file a claim timely. Usually, the time to file a claim is one year from the date of the accident. Failing to file a claim will bar it from being litigated forever. It is, therefore, important to engage an attorney for an accident wherein you have suffered grave injuries. Protection of your rights is of paramount importance. Insurance companies deliberately try to ensure that you fail to meet your deadline. An experienced attorney backed with adequate legal knowledge can protect you from such fraudulent practices.
TIME IS PRECIOUS – DON’T LOSE IT
One of the significant ways in which an attorney guides laymen is by filing legal paperwork. Adequate legal documents that are replete with evidence are, at times, enough to get a resistant party to cooperate. They establish the proof of the events that happened at a certain time. If filing legal documents is overwhelming, contact the Law Offices of Manley Traeger.
Whether it becomes mandatory for you to testify and stand as a witness for a case related to a car accident, a truck accident, or a wrongful death is determined by whether the case gets litigated and undergoes a trial or not. Most accident cases are resolved and their settlements are procured even before any trial begins. In case your accident case does not conclude with the desired resolution or expected settlement, there are certain things you need to know.
WITNESS TESTIMONY AS EVIDENCE
When an accident case reaches a court of law, both the concerned parties are supposed to produce evidence to support the claims they make. For example, in order to validate how a certain accident occurred, the attorney representing the victim could call them to testify the events that led to the collision. Often, an attorney also summons the bystanders to testify and questions victims directly regarding the injuries and damages suffered. Apart from witness testimony, several types of evidence are introduced in a trial including digital, demonstrative, and physical.
- Demonstrative evidence include videos, photos, sketches, x-rays, and sound recordings and are accepted in a court of law.
- A physical evidence is any piece of evidence that is submitted in the form of a physical object or as tangible evidence.
- Electronic sources like ATM transactions, emails, hard drives, cell phone records etc. comprise digital evidence. It is always good to testify a fact that is crucial to validate a case, especially when you are confident about what you saw and remember. But it is better not to testify in cases where you are not quite sure about what you saw, leading to cross-examination by the opposition lawyer.
CONTACT PERSONAL INJURY ATTORNEY TODAY
In the scenario following an accident, it is vital to ensure that your legal privileges are secured and safeguarded, and you receive the compensation you are entitled to. Most accident cases are resolved outside court but in case a situation leads to a trial, a competent attorney at Manley Traeger will protect your interests.
The maximum queries among personal injury plaintiffs are related to the time required to get a financial settlement. A quick response to this query is that personal injury claims differ from each other and are nuanced, which means there is no set time frame within which your claim can be resolved. Once you move ahead with your litigation, it is best to be prepared for the unprecedented and the unpredictable circumstances that revolve around a settlement process. Numerous factors come into effect depending upon the particular specifics and situations of your case.
To benefit personal injury plaintiffs, there are some enlisted dynamics that, time and again, determine the time frame of a settlement:
The severity of grievance: In most cases, the extent of physical and psychological injury indicates how extensive the process of the resolution of the personal injury case would be. In the aftermath of an accident, a victim is more concerned about being medically treated on time rather than seeking compensation for their injuries. The fact that many injuries do not even appear to be severe at the beginning but become so after a considerable duration cannot be overlooked. In all the cases, a thorough medical inspection will prove advantageous to you to uncover the exact extent of the injuries. It will enable your legal representative to bring together all the medical bills and pertinent pieces of evidence for drafting the claim.
The statute of limitations: A letter demanding reparation for bodily and psychological injuries is sent to the insurers once the victim’s treatment gets over. However, the claim may also be filed earlier in the wake of an urgent deadline to file the claim. The insurers, in this case, assess the value of the claim to make sure that the claimant is adequately recompensed.
Negotiation process: While filing a claim, an understanding of the fact that insurance is always inclined toward making profits is imperative, which is why most personal injury claims end up being undervalued. The unwillingness of the insurers to provide reasonable compensation further slows down the process, thereby making it important to seek the assistance of an attorney who is experienced and well-versed in personal injury laws.
Settlement period: Legal representatives realize that even after compensation is agreed to, a plaintiff may not receive it immediately, and it may take months for insurers to finalize the whole thing. It is, therefore, advisable to hire legal counsels to handle such claims.
While there may be no specific time-limit for reaching a settlement, it depends on the severity of the injury, the parties involved, and an efficient lawyer to represent your case.
You would, generally, be required to make a statement in case of any accident you are embroiled in. If the insurance company of the other driver asks you for a statement, they may also ask for your consent prior to recording it. This is where drivers end up taking wrong decisions. In such circumstances, there are a few things you need to know about your rights before you provide a statement in the aftermath of a car accident.
PROVIDING A STATEMENT AFTER A CAR ACCIDENT
The law does not mandate you to provide any recorded statements to anyone and certainly not to any insurance company. There is a possibility that your insurance company has a pre-included clause about providing a statement for your coverage. To put it differently, in case you refuse to provide a statement, this is likely to affect your claim. In the aftershock of an accident, the insurance company you are associated with will try to extract as much information as possible, which makes a recorded statement non-obligatory.
BENEFITS OF A RECORDED STATEMENT
Insurance companies are unlikely to seek recorded statements. But in case they do seek one, you will be required to comply with the directives of your policy. It’s very likely that the insurance company of the other driver will seek a recorded statement. In such a situation, it is best to decline the request. It is certainly not prudent to provide any recorded testimonial to the insurance company of any other driver.
IMPACT OF A RECORDED STATEMENT
If you do end up providing a recorded declaration to the insurance company of any other driver, it will be a classic lose-lose for you. Just as your case is backed by your insurance company, the other driver’s insurers will back theirs. Therefore, there is no reason to offer any potential proof to an insurance company other than your own. It is best to refrain from saying anything that could be used against you. Statements made by you can be used to weaken your claim. The injuries suffered on account of maleficence or negligence lead to significant medical expenditures. A competent personal injury lawyer will help you receive compensation for your losses.
If you are aggrieved and distressed because of an accident that happened due to someone else’s callousness, negligence, or fault, it is suggested that you get in touch with an expert attorney of a reputed law firm to ensure you are compensated adequately for your medical expenses or vehicular damage. However, while discussing your case with your attorney, you will be covering various topics related to your life and health including –
- Nature and magnitude of the injuries you have sustained
- How the mishap harmed you
- What and how much the insurance will and will not cover
- Evidence or the presence of witnesses (if any)
- Ongoing medical treatments and their costs
- Future medical treatment
- Apparent and not-so-obvious effects on your life post-accident
- Perception of jury and judge about you
- How the attorney of the opposition may portray you to undermine the value of your claim
While some of these topics can be emotional and highly overwhelming, it is essential that you remain true to your attorney about every minute detail irrespective of how uncomfortable it might make you. In the absence of each and every detail, they will not be able to establish and justify your claim on your behalf. If they are not aware of the nuanced details of your case, they would not be accountable for the information that could prove damaging to your claim. An open and honest communication facilitates a healthy relationship between you and your attorney. You have to trust your attorney with confidentiality. At times, your attorney may provide you with unsavory information related to your case but you have to keep patience. The process of a personal injury claim takes time and you need to take cognizance of this.
The expert attorneys of the Law Offices of Manley Traeger, backed by years of experience, are adept in taking their clients through litigation by respecting their confidentiality.
Embroilment in a car accident results in too many complications and complexities. Once an accident takes place, the statute of limitations comes into play. If the accident victim suffers grave injuries, abiding by the time frame becomes much more difficult. Those involved in a car crash should mandatorily report the accident to their insurance company. Even minor collisions and low-speed impacts may turn out to be expensive in terms of fixing and repairing things. Although the time period to report an accident differs from one insurance company to another, it is advisable not to delay.
CONSEQUENCES OF CONCEALING ACCIDENT FROM INSURER
Insurance policies usually come with a set of specific clauses and directives requiring drivers to make a disclosure of accidents as soon as they occur. Failing to report a crash leads to consequences that can turn out to be expensive in nature. One concern that is common among many drivers is that an accident gives rise to already expensive premiums. Often a private arrangement with other drivers is preferred but the decision to do so can turn out to be a risky one. For example, you may strike a car at low speed and in the absence of injuries, you might decide to conceal the incident from your insurers. But after a few days, if the other driver complains about any pains or is faced with mounting medical bills, this implies that the insurance company will eventually find out about the matter, resulting in a breach of contract. Failing to report an incident can cause your insurance company to reject your claim altogether, thereby making you spend money from your own pocket.
In the absence of a legal background, it’s advisable to keep assumptions at bay, especially after an accident. Check your insurance policy thoroughly to confirm how soon an accident needs to be reported to your insurer and certainly contact your insurance agent to report the accident.
In addition to informing your insurance company, it is equally important to seek the assistance of attorneys who are a dab hand at personal injury claims. The qualified legal representatives at the Law Offices of Manley Traeger have extensive knowledge of all the nuances of personal injury cases and they excel in thwarting the attempts of insurance companies that try to ensure parting with minimum possible reimbursement. In such cases, a legal counsel protects your rights and fetches you a favorable compensation.
In a situation pertaining to involvement in a car accident, what has to be factored in is the extent of vehicular damage. An accident caused on account of an action or lack of action of another driver makes the insurance company of that driver liable for your vehicular damage even if you do not get injured in the process.
WHAT IS PROPERTY DAMAGE CLAIM ALL ABOUT?
As is well-known, a property damage claim is inclusive of the total cost of property loss caused by a mishap. The claim includes expenses incurred for mitigating the vehicular damage and helps you get your finances back on track. All the breakage and disfigurement of the vehicle caused due to the accident is included in the total cost of damage. The car rental you pay while your car undergoes the repairing process is also subsumed under recoverable costs. If the items in your car such as cell phone, sunglasses etc. are damaged, you are entitled to receive compensation for them as well.
Most people file a property damage claim without the assistance of a lawyer, which is a mistake people do not realize. The assistance of an attorney is imperative since common people may not have a nuanced idea of how the law works. Only an expert legal representative with experience in dealing with complicated claims can protect your legal rights.
In the context of a car accident, comparative liability implies the sharing of the blame between more than one drivers. For example, if the other driver was driving under the influence of alcohol on the wrong side of the road, they may be blamed for the accident but if you were exceeding your speed limit at the same time, you get to share the blame as well.
Insurance companies have prescribed time limits within which an accident needs to be reported, failing which they have the right to deny your claim. Every state across the United States has a specific time limit for filing a claim. If you fail to keep up with the time frame, it may give rise to certain situations that could impact your case. A knowledgeable attorney with an understanding of various nuances can safeguard you from unwarranted complications.
THINGS TO AVOID WHILE FILING PROPERTY DAMAGE CLAIM
File a property damage claim successfully by avoiding the following things:
- Refrain from revealing anything immediately after an accident or during the settlement process. Disclosing your fault may weaken your claim.
- Even the smallest of errors could result in the rejection of your claim. Filing a property damage claim without an attorney by your side should be avoided as this could make you gullible to committing legal errors.
- Since seeking the assistance of an attorney is crucial to your claim filing, ensure that you check the track record of a law firm thoroughly before hiring it.
In the stressful scenario of a car accident, most victims are unsure about what to do and how to proceed. Even when you do not sustain any evident injuries, it is always recommended that you get yourself checked by a medical practitioner. What is really arduous is the expenses incurred for medical care. Severe injuries can strain and drain your finances. What is worse is that when victims are unable to work, they lose their source of income as well. A medical insurance helps you in paying for your treatment. However, not everybody can afford to purchase insurance for covering their medical expenses and in the absence of one, it is wise to consult a personal injury attorney.
LACK OF EVIDENT INJURIES
While external injuries such as broken bones, bruises, fractures, or back injuries are evident as result of an automobile collision, the internal wounds are not as apparent, which is why a complete medical evaluation is mandatory after an accident. X-rays, MRIs, and CT scans, along with other medical examinations, should be carried out to identify the damage done to bone fractures, brain tissues etc. and other injuries, which may not otherwise be obvious.
FACILITATE YOUR LEGAL CLAIM WITH DIAGNOSIS & MEDICAL TREATMENT
When you sustain injuries on account of negligence by others, you are entitled to receive an appropriate compensation for your medical expenses and loss of income. But to successfully pursue a claim, it is essential to provide adequate proof to corroborate the fact that you have suffered injuries. Without a satisfactory medical diagnosis, substantiating your injury can be challenging. An expert personal injury attorney at the Law Offices of Manley Traeger will help you receive economic compensation for your loss.
Across all the states of the United States, a time limit is prescribed within which accident victims have to either file litigation or get their claim settled in the event of hurt and damage. The fixed time frame is commonly referred to as the statute of limitations. In Montgomery, it is referred to as the prescriptive period, which defines the maximum period of time after an accident during which legal proceedings based on the concerned incident may be initiated. Montgomery’s law of limitations in most personal injury cases extends to one year from the date of the accident.
All the states across the United States have their own time limit for filing litigation irrespective of the nature of the accident. An awareness of this rule will fetch you appropriate compensation within the stipulated time. Lack of awareness might get you nothing. It is worth noting that once the time limit expires, the court may not even consider your case. Therefore, in an ill-fated scenario of a personal injury, it is recommended that you consult an expert lawyer and take timely action for a suitable reward.
HOW LONG SHOULD I TAKE TO FILE LITIGATION AFTER MY ACCIDENT?
The statute of limitations does not imply that you wait for a year before filing litigation. If you have sustained injuries due to the negligence of others, you should contact a personal injury attorney immediately. This will increase the chances of getting appropriate recompense for whatever you suffer. It is best to file litigation well in advance before the statute of limitations expires. Filing a case on time will ensure sufficient time for an out-of-court settlement. Having sufficient buffer time will help you get adequately reimbursed for any significant medical expenditures.
DEFINING AMBIT OF PERSONAL INJURY
Essentially, a ‘personal injury‘ implies any kind of harm, hurt, or damage inflicted on a person’s body, mind, or emotions or their personal property. In the legal context, it is a type of tort lawsuit wherein a person who files a lawsuit has suffered. The person who files the litigation is called the ‘plaintiff’ and the one who contests it becomes the ‘defendant’.
RANGE OF PERSONAL INJURIES
Personal injury litigation are filed against a person or an entity for causing any form of physiological or psychological hurt. The harm caused may be a result of negligence, thoughtless conduct, or deliberate transgression. A personal injury litigation entitles the plaintiff to seek compensation for their damages. The rules and laws to evaluate the damages vary across different states. The assessment is usually done in terms of medical costs, discomfort, and anguish, and the general impact on the quality of life being led by the plaintiff.
TYPES OF PERSONAL INJURIES
Most personal injury claims are premised on negligence. The common forms of personal injuries include:
- Automobile collision on road
- Work-related hazards and mishaps
- Accidents resulting from tripping
- Claims arising out of assault
- Accidents on account of defective products
- Claims due to medical negligence
- Claims related to industrial hazards
- Toxic torts that include pollutants transmitted via air or water resulting in illness, injury, or death
WHAT ARE THE PREREQUISITES TO SEEK COMPENSATION?
To hold a person or a group of persons legitimately accountable for damages, 4 fundamental factors must be substantiated:
- The person had the onus to act rationally according to the situation.
- The person breached their sense of duty.
- The person’s breach of duty caused damage to the plaintiff.
- The plaintiff incurred monetary expenses due to the injury caused by the person’s breach of duty of care.
The extent of recompense for a personal injury is primarily dependent upon the severity of the damage. Grave injuries such as fractures, broken bones, dismembered limbs, brain damage, or intense physical pain receive maximum consideration from a jury for grievance settlements. If your injury is a result of negligence or maleficence, you may be burdened with significant medical costs. Only a personal injury attorney can help you receive financial reparation for your damages. Contact the Law Offices of Manley Traeger for a free consultation.
If you are struggling to determine the best legal firm for your needs and seeking a competent lawyer who specializes in personal injury claims, the Law Offices of Manley Traeger is the most suitable option for you. Efficient advocacy is one of the quintessential prerequisites to resolve complex legal disputes. With years of expertise, the Law Offices of Manley Traeger excels and is dedicated in providing excellent legal solutions and services that are valuable in themselves.
The advocates at the Law Offices of Manley Traeger offer calculated and strategic legal solutions in order to handle a case efficiently. With an intense emphasis on the rights and prerogatives of their clients, Manley Traeger solicitors strive to prove their trustworthiness as legal representatives, regardless of the complexities of the legal procedures. Before you seek the services of the Law Offices of Manley Traeger, here are some of their USPs that are worth considering:
- Individual attention by attorneys: If you have been on the lookout for empathetic advice and counsel, resolute support and advocacy, and valuable legal representation, the Law Offices of Manley Traeger is a one-stop solution for you. Accepting cases and clients with merit and credibility, the Manley Traeger solicitors ensure personalized attention to all their clients.
- Contingent payment: The solicitors at the Law Offices of Manley Traeger strive hard to make the structure of payment transparent and predictable. Following a contingent fee structure implies payment is sought only when clients receive economic compensation for all their injuries and damages. Driven by the conviction that client dealings are based on faith and a sense of mutual purpose, we provide free initial consultation with the aim of offering something valuable during the discussion.
- Hands-on experience: Manley Traeger advocates are adept in managing lawsuits and have gained high-quality litigation experience by resolving numerous complicated cases.
- Client-oriented approach: The advocates work closely with their clients in pursuing a lawsuit, negotiating a suitable payment, and taking real actions to promote the interest of those they are assisting.