There are many questions that are asked on a common basis about personal injury claims. If you are unsure about if you even have a case, contact your personal injury lawyer.
1. Can I still make a personal injury claim even if I think that the accident was at least partially my fault?
The simple answer for this question is yes, you can still receive compensation for the injuries that you sustain, although every case is unique. In most cases, your own personal insurance will pay for your medical bills and pay for the repairs to your vehicle, even if you are at fault. In the event that the payouts from the insurance company are simply not enough to cover the costs of your bills, you could sue the other driver. This is why you should never accept the blame in an accident, as this could be used against you later down the road, when trying to make a personal injury claim. Because there are so many hidden or unknown factors that could lead up to an automobile accident, you should always leave it up to either a judge or jury to decide who is at fault. A good personal injury attorney will investigate your claim, and tell if you have a case or not.
2. I was involved in an accident with a city vehicle, and while I didn’t have pain at the time of the accident, I have pain now. Is there anything I can do?
This happens to people all the time. After the accident, a person’s adrenaline levels are so high, that they are numb to pain. After a day or two, the body relaxes, and the pain sets in. If you experience pain after an automobile accident later that day or even a few days after, make sure to go see your medical provider to be checked out, even if they seem to be minor. It is always better to be checked out now instead of waiting, because the longer you wait, the more difficult it is to prove that the injury was related and caused by the accident. It is not required to receive medical treatment at the scene, but it does help if you are going to make a claim, especially when it is involving a city or government vehicle.
3. What does the term, “Permanent Injury” mean?
The term “Permanent injury” is a legal term that refers to an injury that affects a person for the rest of that person’s life. These are conditions that will not get better. These people have healed as much as they will heal, and the body has been damaged to the point that it can no longer heal any more. Permanent injuries affect the person by restricting the type of employment that the person can get to the types of activity’s that the person can participate in. This is also referred to as a “permanent disability”. If you have been diagnosed with a permanent injury or disability, you most likely have a personal injury case. If you have been injured permanently by the incompetence or negligence of others, you need to talk to a personal injury lawyer.
4. What types of Injuries are Common in Car Accidents?
Injuries can happen anywhere on the body during a car accident, although there are common injuries that are recorded. They are head, neck, and back injuries. Some of the common types of head injuries that people experience include skull fractures, TBI’s (Traumatic Brain Injuries), concussions, and bruising on the brain, called hematomas. When it comes to neck injuries, whiplash and disk injuries are some of the most commonly reported. These problems are also common with rear end collisions. These types of injuries affect the soft tissues in the neck, and can cause the victim severe pain and even loss of range of movement. Back injuries include broken vertebrae and disk injuries. Other common injuries that might not be apparent at the time of the accident include internal organ injuries, such as a ruptured spleen, punctured lung, or even broken bones. There are no limits to the amount of injuries that you can claim, from a simple cut to an injury to almost every part of the body. If you have been injured in a car accident, you should contact a personal injury attorney to discuss if you have a case or not.
5. What types of injuries are common in Slip and Fall cases?
Slip and fall cases more or less depend on the severity of the accident. In most light cases, the victim might suffer from minor bruises and abrasions, perhaps of the feet and knees, although sprains and strains are not uncommon either. More serious cases can involve broken bones, and even internal organ injuries, head injuries, and spinal cord injuries, with a worst case scenario being death. Most of the time, slip and fall injuries occur to the extremity’s, including hands, arms, shoulders, legs, feet, and ankles. The good news is that slip and fall injuries usually are not life threatening, and will generally heal correctly, quickly. In severe cases, though, slip and fall injuries can change a person’s life completely. If you or a loved one of your suffered from a slip and fall accident, you should talk to a personal injury attorney to discuss your options.
6. Do I need to accept medical attention even if I am not in pain after an accident?
You should always accept medical attention after an accident, no matter how the accident happened, be it a car accident, slip and fall, motorcycle accident, work related, or any other reason, you should be seen by a doctor. They can help find injuries even before they become a problem and cause you pain. If you wait because there is no pain, you could lose your chance to claim the injury, and could reduce the amount of your compensation. The reason is that the longer you wait, the harder it is to prove that the injury was the result of the accident. The best advice is to not settle on a claim until after you have been advised to by your doctor and your personal injury lawyer. If you settle too soon, you might receive compensation for the repairs for your vehicle, but not for your personal injuries.
7. What about motorcycle accidents, where “no-fault” can be found?
Some states are known as “no-fault” states, where it is not required to prove that someone is at fault for an accident. In this event, you should still receive compensation from insurance company related to the damages to your motorcycle, as well as compensation for your physical injuries. In most cases, the amount that the insurance company will pay out isn’t enough to cover all the costs associated with a motorcycle accident. With motorcycle accidents, finding fault is as simple as determining who was the careless or negligent party. With motorcycle accidents, the driver that is found to not be following the correct rules of the road is usually determined to be at fault of the accident. But this is not always true, and the negligent party can be determined to be partly at fault, with other factors, such as the weather, being an influencing factor in an accident.
8. I wasn’t wearing my seatbelt when my accident occurred. Can I still make a claim?
We feel that wearing a seatbelt is one of the best things that you can do to help improve your safety while driving. Seat belts are proven to save lives. In most cases, if you are not wearing your seatbelt, you can still be entitled to compensation if the accident is determined to be the other persons fault. This amount will most likely not be anywhere near the amount that you would be entitled to f you had been wearing your seatbelt, as the other party will argue that had you been wearing your seatbelt, you might not have been hurt, and that the injuries were because you were not wearing your seatbelt. If you were injured and were not wearing your seatbelt, you’re going to need a personal injury attorney to handle your case.
9. Do I have to court because of a personal injury claim?
Not all personal injury claims make it to court. In some cases, these claims are settled outside of court. The only reason why the claim will go to court is if the 2 party’s involved simply cannot reach an agreement that both sides agree to. If the 2 party’s agree, the claim ends there, and the case settles out of court. If they do not, the case gets sent in front of a judge or jury to decide. No matter if you believe that a case will settle out of court, you should always have a personal injury attorney on your side to help you. Personal injury lawyers will work to get you the maximum settlement that is capable of covering all your medical costs, repair bills, and other payments for injury and compensation that you are entitled to. They are also skilled negotiators, and can plead your case for you, which can help you get a better, more fair, settlement, without the need for a trial.
10. What if my air bags do not deploy? Can I make a claim against the manufacturer of the car?
Air bags are designed to help cushion the blow of an impact, and if they do not deploy, the victim inside the vehicle could suffer from very serious injuries, including brain damage and death. Because of this, you could have a claim against the car manufacturer. To find out if you have a claim, talk to your personal injury attorney. Air bags deploy for many different reasons, and it is possible to get into a serious accident and have the airbags not deploy. To determine of you have a claim, your personal injury attorney will need to work with an investigator to determine if the airbags should have deployed or not. If they didn’t, and were supposed to, you could have a claim against the manufacturer for product liability.