More Frequently Asked Questions About Personal Injuries and Liability Insurance

More Frequently Asked Questions About Personal Injuries and Liability Insurance

Recently we’ve found out that many people are looking for answers to some of the most frequently asked questions about personal injuries and liability insurance. We answered some of the most common questions in our previous post, but there are still many basic questions to answer. That’s why we decided to write another post with more answers to common questions. Here they are:

1. I was offered a settlement. Should I take it?

If the insurance company of the person responsible for your injury offered you a settlement very soon after the accident, it won’t be a fair settlement. You still don’t know how severe your injuries are (sometimes you’ll feel the effects of the injury a few weeks after the accident). Talk with your lawyer, find out how much you should get in compensation and let your lawyer present this offer to the insurance company.

2. How long does it take to settle a personal injury claim?

Some personal injury claims take several months while some claims take up to several years. Generally speaking, it’s better to settle with the insurance company than go to the court and wait another year or two before you get compensation for your injuries.

3. What type of insurance should I get as a health care provider?

Ask your insurance agent about professional indemnity insurance, also known as medical malpractice insurance for health care providers. Please keep in mind that you should always have this type of insurance policy as a health care provider – no matter if you’re a physician, surgeon, dentist, nurse or a therapist.

4. How to deal with the insurance company when pursuing a personal injury claim?

It’s best to let your lawyer talk with them. Don’t agree to a recorded statement and don’t confess or admit anything – all can be used against you later in court.

Personal Injuries & Liability Insurance FAQ

Many people who look for information about personal injury or liability insurance are only looking for basic information. That’s why we decided to publish an article in which we’re going to answer some of the most frequently asked questions about these topics so that you can quickly find answers to the most basic questions.

1. How much is my personal injury claim worth?

There are several factors that influence how much your claim is worth: severity of your injuries, your age, gender and personal attributes. There are three types of damages you can receive: special damages (for monetary loses), general damages (for non-monetary losses) and punitive damages (as a punishment for the defendant). One of the best ways to estimate your damages is to review past similar cases.

2. What are the most important things to remember if I want to pursue a personal injury claim?

First and foremost, you should find out about statute of limitations in your state. If you fail to file a suit before the deadline, you won’t be able to pursue your claim. Secondly, you need to record everything related to your case – all your expenses (medical bills), lost income (wages), as well as any details related to the accident (take notes when your memory is still fresh). Remember that if there’s no proof there’s no claim.

3. I own a company. How can I reduce my risk of getting sued?

The most important preventative measure is to get business insurance. If someone sues you, you won’t have to cover the costs of a lawsuit out of your own pocket. Get public liability insurance, professional indemnity insurance and in some cases also product liability insurance. Talk with your insurance agent to create a tailored policy for your company that will protect you from all most likely lawsuits in your industry.

Suffered personal injury in Chicago and need a lawyer?

 

Common Defense Strategies in Personal Injury Claims (Part 2)

Besides for three most basic defense strategies we shared with you in part 1, there are two additional common defense strategies in personal injury claims.

1. Statue of limitations

If you fail to comply with the filing deadline for a personal injury claim in your state (it can be anywhere from one month to one year after the incident) your case will be dismissed. That’s why it’s so important to find out about statue of limitations immediately after the incident and file a suit as soon as possible.

2. Failure to Mitigate Damages

As we already mentioned it in one of our previous articles, if you fail to visit a doctor as soon as possible after the accident (and you make your injuries worse because of inaction), any compensation to you will be reduced. Even if the defendant was fully responsible for your injuries, you won’t get a full compensation if you don’t take reasonable steps to minimize the damage done to you (and the most important way to minimize these damages is to seek medical help as soon as possible).

As both a victim and a defendant, you should get a personal injury lawyer who has a lot of experience with cases such as yours. Don’t try to pursue a personal injury claim on your own and don’t try to defend yourself if someone sues you.

To sum up, as a person pursuing a personal injury claim remember that:

  • ideally the defendant should be 100% responsible for your injuries. If you’re partially responsible, your compensation will be reduced
  • you shouldn’t engage in dangerous activities with an inherent risk of being injured because you won’t be able to seek compensation
  • you should remember to file a suit on time – ideally in the first week after the incident
  • visit a doctor immediately after the accident

Common Defense Strategies in Personal Injury Claims (Part 1)

Common Defense Strategies in Personal Injury Claims (Part 1)

There are many defense strategies that the defendant can use to reduce the amount of compensation you should get for your injury. If you’re a defendant, you should also read this blog post to learn what kind of arguments you can use to fight the lawsuit. Without further ado, here are the most common defense strategies in personal injury claims:

1. The victim was at fault for the injury

If you’re partially to blame for your injuries, you will receive much less money as compensation. In addition, in some states you won’t be able to get anything for your claim (Alabama, Maryland, North Carolina, and Virginia have so-called contributory negligence laws that bar you from pursuing a personal injury claim if you are partially at fault for your injuries, even if it was only 5% your fault).

As the defendant, you can prove that you aren’t the only person responsible for the injuries which will greatly reduce the compensation you’ll be ordered to pay.

2. The victim knew that the activity was dangerous

If you willfully participated in an activity that was dangerous, your chances of winning the case are much lower. “Assumption of risk” defense relates to all injuries that are very common in a given activity, e.g. injuries in contact sports.

As the defendant, you should always use this defense if the injury suffered by the plaintiff was an inherent part of the activity he willfully participated in.

3. No clear case for causation

If you can’t prove that the defendant is responsible for your injury, you may not be able to get any compensation. The defendant’s action must clearly cause your injuries.

As the defendant, you will be relieved of any liability for the victim’s injuries if the victim can’t prove that you are directly responsible for his injuries.

Check our blog in three days for part 2!

What You Need to Know About Personal Injury Claims? (Part 2)

Welcome to part 2 of “What You Need to Know About Personal Injury Claims?”. Today we will share with you additional advice that will help you pursue your personal injury claim. As you already learned from the previous article basic knowledge is very important if you want to get a fair settlement.

1. Find out the statute of limitations

Based on your state, you may only have between one month to 12 months to file a personal injury lawsuit. If you don’t do it in time, you won’t be able to pursue your claim and seek compensation.

2. If you have minor injuries, consider small claims court

Settling your case in small claims court is a fast way to settle cases with minor injuries. However, if you suffered more severe injuries or the effects of your injuries are still undetermined, you absolutely have to seek professional help and hire a personal injury lawyer.

3. Don’t agree to a settlement before you’re fully recovered

Some insurance companies will want to settle with you long before you’re fully recovered. If you still don’t know the full extent of your injuries, you should never agree to a settlement because you still don’t know how much your injury will cost you. Some injuries are difficult to heal and take years to recover.

4. If possible, settle with the insurance company

To avoid time-consuming and costly trials try to settle with the insurance company. However, you shouldn’t do it on your own. Get help of a personal injury lawyer who will tell you what a fair settlement for your case should be. Let him negotiate with the insurance company – personal injury lawyers do it on a daily basis and they’re pretty good at it. Taking your claim to the court should be your last choice – it can take several years to settle claims if you choose this path.

What You Need to Know About Personal Injury Claims? (Part 1)

If you want to pursue a personal injury claim, you should first learn the most important things about personal injury law.

First and foremost, you should know under what circumstances you can file a personal injury lawsuit. In order to have a personal injury claim, you need to suffer an injury caused by someone else’s negligence (e.g. poor maintenance, omission, error) or intentional action (e.g. assault). What’s more, you need to have proper medical documentation and medical expenses that you had to cover to recover from your injuries. You won’t be able to file a lawsuit if all your injuries are small bruises.

Please keep in mind that injuries sustained at the workplace are covered by workers’ compensation insurance. You can only sue your employer in case of unreasonably hazardous situations.

The second step you need to take if you want to pursue a personal injury claim is to visit a doctor for examination as soon as possible. If you fail to visit a doctor as soon as possible, you may be accused of not taking reasonable steps to mitigate the effects of the injury (you can make your injuries much worse if you don’t visit a doctor as soon as possible) and this will affect your compensation. As you can see, basic knowledge is extremely important in case of personal injury claims.

Another very important thing you need to know is that your claim won’t be successful if you don’t have evidence of your injuries and the accident. You should record as many things as possible – take photos of your wounds, record the time, date and location of the accident as well as possible causes of the accident, record all medical bills and keep medical documentation (diagnosis, etc.), take into account lost income (if you weren’t able to work), damaged property (including clothes and personal items), etc.

Liability Insurance and Personal Injury Claims (Part 2)

Another type of liability insurance you need to get in order to protect yourself from personal injury claims is professional indemnity insurance also known as professional liability insurance or errors and omissions insurance. Professional indemnity insurance policy covers legal costs and other costs related to the lawsuit in case you’re sued for negligence (error or omission when performing your services).

Professional indemnity insurance is a must for all professions who either provide professional advice (brokers, consultants, physicians, lawyers, architects) or perform services of a skillful nature (plumbers, engineers, etc.). Professional liability insurance is sometimes required by other companies if you want to work with them as a sub-contractor.

When looking for professional liability insurance, the same tips apply. Shop around, get a tailored policy (there’s a professional indemnity insurance policy for plumbers and a completely different professional indemnity insurance for physicians also known as medical malpractice policy).

Besides for getting insurance, you should also use common sense to avoid personal injury lawsuits. If a customer has a complaint, listen to him personally and do all you can to satisfy him. Angry customers are more likely to file a lawsuit against your company. Is the cost of a refund worth a lawsuit? Keep your clients happy and you should greatly reduce the risk of being sued.

If you manufacture, wholesale, distribute or sell products, you should also get product liability insurance that will protect you from lawsuits which are a result of an injury suffered because of the product you manufacture, wholesale, distribute or sell. There are three main types of defects than can cause an injury – manufacturing defect (low-quality materials cause an injury), design defect (bad design causes an injury) and marketing defect (no information about non-obvious risks of using a product).

Learn more about liability insurance and Houston personal injury lawyers from this video:

Liability Insurance and Personal Injury Claims (Part 1)

If you have a company that deals with many customers, e.g. you have a restaurant or a hostel, you should educate yourself about personal injury claims to learn how to avoid them.

The most important thing to do is to get public liability insurance for your company. How does public liability insurance protect your company? It’s simple – if someone sues you, your insurer will cover all your costs up to the policy limit (and this includes both legal costs as well as eventual compensation). Public liability insurance can be quite expensive if you have a high risk of getting sued, but it’s something every company absolutely needs. If someone sues you for $500,000 in compensation and you don’t have insurance, you’ll have to pay this amount of money out of your own pocket.

If you want to get a good public liability insurance policy, you should shop around and compare several offers. Here are some tips that will help you find the best policy:

1. Reputation first

Don’t compare premiums – focus on the reputation of the insurance company you want to work with. Check online reviews, test their support, and make sure that they approach all their customers in a professional manner.

2. Get a tailored policy

Ask your insurance agent to create a tailored policy for your company. An ideal insurance policy should address all risk factors in your industry.

3. Ask for quotes online

Use the services of online insurance brokers to get the best insurance deal for your company.

4. Policy limit

Make sure that your policy limit is high enough to cover all possible lawsuits. Generally speaking, it’s better to pay for a higher policy limit than find yourself in a situation where your insurer covered his part of the lawsuit and you still have to pay $100,000 or more out of your own pocket.

Let us find you a personal injury lawyer in Los Angeles.

Facts About Personal Injury Attorneys

If you want to pursue a personal injury claim, you should definitely hire a personal injury attorney – unless you’re an attorney yourself. A good personal injury attorney will ensure that you’ll get a fair settlement for your case. He will also prevent you from making mistakes that can cost you a lot of money.

What should you know about personal injury attorneys? Here are some of the most useful facts:

1. Personal injury attorneys operate on a contingent-fee basis

A contingent-fee basis is a fancy word to describe getting paid a fraction of your compensation. Your lawyer won’t charge you anything unless your case is successful. If he fails to recover compensation for you, you won’t have to pay anything for his services. If your case is successful, he will take an agreed before percentage of your compensation (usually around 30%).

2. There are generalists and specialists

Generalists are lawyers who practice several different types of law. They can know a little bit about real estate law, family law and personal injury law. Specialists specialize in one field of law, e.g. only personal injury law. Some specialists even specialize in a certain type of personal injury cases, e.g. they only handle medical malpractice cases or car accident cases. If you want to find the best lawyer for your case, look for a specialist who only accepts cases such as yours. He’ll have the most experience to help you.

3. Personal injury attorneys who are easy to find in Google aren’t necessarily the best ones

Many personal injury attorneys choose not to advertise. Some of them pay marketing agencies to make their sites appear in Google when you type “personal injury attorney California” and other similar terms. You shouldn’t judge an attorney by his visibility in the search engine – his experience and reputation is much more important.

Tips to Find a Personal Injury Lawyer

Welcome to our blog with information about personal injury law and attorneys. If you want to learn more about pursuing a personal injury claim, you’ve come to the right place. We will publish articles that will help you pursue a personal injury claim and learn about law-related topics.

In our first blog post we want to share with you some general tips on how to find a personal injury lawyer.

1. Ask for referrals

While the first thing that comes up to your mind is probably to use Google to find a personal injury lawyer, you should first talk with your friends and family. Many personal injury lawyers don’t advertise on the Internet, yet they offer the most professional services in your area. Ask people who you trust about lawyers they recommend – maybe they know someone who can help you.

2. Don’t be afraid to ask many questions

The purpose of a free consultation with a lawyer is to get to know him a little bit and make sure that he’s a good choice for you and your case. That’s why you should ask as many questions as possible. Some of the best questions to ask are:

  • What is your experience? How many cases such as mine did you handle in the past 12 months?
  • What are your rates?
  • Do you want to reach a fast settlement or be more aggressive with my case?

Make sure to speak with at least several lawyers. It will help you choose the best lawyer for you – the first lawyer who you talk to doesn’t necessarily have to be a good choice for you, even if he was recommended by your friend or your relative.

In the video below you’ll learn about a great way to find a good personal injury lawyer in your area using Martindale.com website:

If you live in Toronto, go here for a good personal injury lawyer.