Author: templatessite

Before you can make a decision as to whether or not you should hire a personal injury attorney / lawyer, you first have to know what a personal injury case is.

Most people think that a personal injury claim is a car or motor vehicle accident claim. While an injury sustained in an automobile accident where another was at fault would be a personal injury claim, there are many other matters that also fall under that heading.

A personal injury attorney / lawyer handles matters where there has been a personal injury, either physical or emotional, which was caused by the negligence of another. If

there was no negligence then there is no case. There must be negligence, whether intentional or unintentional, on the part of another, for a claim to be valid. In other words, you would have trouble making a case against your landlord, where you spilled water on your kitchen floor and then slipped and fell because of the water. However, if the landlord had failed to fix the plumbing under your sink and the water was on the floor because of leaky plumbing then you may, I say may, have a case. There are other variables that could come into play and you would need to seek the advice of a good personal injury attorney, in order to determine your rights.

There are many matters other than car accident matters that can many times be included under personal injury, IE: slips and falls, workplace accidents (after a workplace accident you may be covered under workers compensation or disability but you may also have a personal injury claim), injuries caused during a storm or power outage, airplane, bus and train crashes, construction accidents, fires, food poisoning, drug or vitamin overdoses, animal bites, getting beat up, robbed or otherwise injured inside or outside of a business, medical malpractice and even malpractice by an attorney.

There are many variables that can come into play in determining negligence and many times you may think that there was no negligence on the part of anyone when there actually was. I myself, know of a case where a party was struck by a car while riding a motorcycle and injured severely. He settled with the driver and the driver’s insurance company for the $100,000.00 maximum of the driver’s insurance policy. This settlement did not even begin to cover his medical bills. Some time later, a personal injury attorney, while speaking with a member of the injured party’s family, found about the case and was asked to look into it for the family. The injured party was broke and paralyzed. The attorney did some checking and then agreed that, even though the man had accepted the settlement, there might still be a case. He then hired a detective agency and another to do further research. Finally, he filed a law suit against the car driver, the drivers insurance company, the motorcycle manufacturer and others. I won’t go into the whole case, but suffice it to say that he went to trial and ended up obtaining a verdict against several of the parties, including the drivers insurance company and the motorcycle manufacturer, for several million dollars and the injured party is no longer broke. I might add that the attorney took the case on contingency and advanced, out of his own pocket, all of the expenses including court costs and investigation fees.

The point of the foregoing is that if you have been injured, you should seek the advice of a competent personal injury attorney even if you don’t think that there is anyone at fault. Only a good experienced personal injury attorney can attempt to make that determination.

Whiplash Injury is a sudden moderate to severe strain affecting the bones, discs, muscles, nerves, or tendons of the neck, which is composed of seven small

Diagnosis Whiplash Injury can be difficult to diagnose because X rays and scans do not always reveal the injury and diagnosis is usually based on observation of symptoms, medical history, and physical examination

Treatment is usually by way of medication, physical therapy, and supportive treatments. Severe whiplash may be treated with a surgical collar.

Compensation: The amount of compensation payable following a whiplash injury depends on the severity of the injury, the recovery period, and whether or not there are any permanent residual symptoms

Medical History
If you believe that you have suffered a whiplash injury in an accident it is important that you seek medical advice as soon as possible from either your General Practitioner or in more serious cases the Accident and Emergency department of your local Hospital. The medical record of your injury will used in part for the assessment of the value of your claim, and it is therefore important that the injury is documented as soon as possible after the onset of symptoms.

Finding yourself injured can be a troubling, lonely, and confusing experience. Advice will come from several different places and it can be completely overwhelming. It will seem that you have little time or emotional strength to deal with or make sense of your rights or what to do next. It is very important to understand your rights and what type of claim to file to insure that you are properly compensated for your injuries and that the process is as quick and as painless as possible.

There are 3 types of personal injury claims in which one may file; negligence, strict liability and intentional wrong. If someone injured you as a result of carelessness on their part then you may file your personal injury claim as a form of negligence on their part. If an injury is caused by the use of a defective product, then you may file a claim as strict liability. If you have an injury is a result of international behaviors of other individuals or institutions, you are able to file a personal injury lawsuit as well as criminal charges.

Once you have figured out which type of claim you need to file based on your personal injury, you will need to find a lawyer. It is pertinent that you find one that specializes in personal injury law. Most personal injury lawyers offer free initial consultation to discuss your case so talk to several lawyers before hiring one to handle your case.

Be advised, using a small claims court can be a viable option to using an attorney in certain personal injury cases. For minor injuries resulting in say, a car accident, it is best to deal directly with the insurance company as to avoid potentially expensive legal fees. For more serious cases, hiring a lawyer will let the insurance companies know that you are serious about the case at hand and can often help the process move along more thoroughly. No insurance company or defendant wants to deal with a lengthily lawsuit as they are paying the people on their side for their time as well. Remember, the absence of legal representation can put you in a fairly adverse position.

There are several important questions that need to be asked once you have found a personal injury lawyer including:

• What rights do I have that need to be protected?
• What claim letters need to be sent; how many insurance companies must be notified? Will you do this for me?
• How long have you and your law firm been practicing law?
• When will I be charged? How much?
• Will I be charged a legal fee if you do not recover money for me?
• Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering?

Never feel apprehensive about asking questions of your lawyer. You are the one paying for him/her and he/she is there to work for you!

by David Hallstrom

You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes.

When should you consult with an accident attorney? You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.

ou say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill the case is settled. Most settlements are increased to cover the cost of the attorney and therefore normally the attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit.

ou say that you were injured, however, the insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don’t you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into the premiums that they charge their customers. If the money does not go to you it will probably go to their shareholders or to increased salaries or ?

Why shouldn’t you be properly compensated? Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper.

You say someone else admitted liability and said that their insurance will pay all your damages. That’s great, however, what if the person changes his or her story later on and says that you were at fault. Or what if the other side’s insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney the insurance company adjuster or attorney may feel that he or she can “get away” with paying much less than the claim may be worth. Additionally, what people state at the time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for the insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save the company money. You need an attorney on your side to tell you what your rights and obligations are.

You say that you were not hurt that bad or at all. How do you know how badly you were hurt. Some injuries do not show up for months. Other injuries may aggrivate a prior problem. Even if you have been found to be “ok” by a doctor, how do you know that a problem will not come up later. If you have insurance and did go to a doctor, who is going to pay your co-pay or deductible. If you do not have health insurance, who is going to pay for your examination which should include xrays, etc.. If you retain an attorney he or she can probably refer you to a doctor who will accept a lien against the insurance settlement, thereby saving you from paying
money out of your pocket.

You say you have accident insurance, why not let them handle everthing for you. Your insurance company is there to defend any claims against you not to represent you in any claims against other parties. Additionally, they also are in business to make money. How do you know if they are trying to settle a case to help you or to save themselves money.

The foregoing article was written by the author based on experiences he has had as a private investigator representing both accident attorneys and insurance companies. This article is not stated as a legal opinion or as fact but instead is stated as opinion of the author.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article.