If you have suffered from a personal injury and you think someone else is at fault you may want to take your claim to court. Alternatively, you may wish to hire a lawyer to help uncover evidence or to speak to the other driver’s insurance company on your behalf.
Below you will find links to articles that may help you with all of your queries and questions:
Proving who is at fault after an injury or accident is not always that easy, and on occasions, the fault can be caused by neglect or carelessness. While it may be easy for the injured person to point their finger at who they think is at fault, before they receive compensation, they need to legally determine whose fault the accident was.
If you have been injured in an accident it’s vital that you notify any responsible parties. If you don’t know who is at fault, it is important that you consider who may be at fault. Many people are not aware that you do not have to give the people involved any details or information about the accident. You do not even have to give the responsible parties’ insurance company any details either, you just need to make them aware that there was an accident, when the accident occurred, and where it occurred. You will also need to tell them that you were injured, and you intend to file a personal injury claim.
Defenses in Personal Injury Cases
If you are considering filing a personal injury lawsuit you will need to be aware of the types of defenses (Arguments) that defendants can make.
Defenses in personal injury lawsuits are those that relate to:
- What you, the plaintiff did in relation to your accident.
- What you didn’t do after your injury, such as failing to get medical help, or filing the lawsuit on time.
It is absolutely essential that you file a lawsuit on time, otherwise you may miss out on compensation you deserve, and depending on your accident there is every chance that other people may be injured too.
The Time Limits on your Lawsuit
Regardless of who or what caused your accident, or the injuries that you sustained, every single state has time limits that dictate when you can file a lawsuit. Known as the ‘Statute of Limitations’ the amount of time that you have can be affected by the type of claim that you make.
Working out how much your personal injury could be worth is a crucial part of your claim, however, it can be the of the most difficult aspects as the amount you may receive could depend on the circumstances surrounding your accident.
Thousands of people are injured in slip and fall accidents every single year. Some people come away with light injuries whereas others are unfortunately seriously injured. Whether you have tripped and fallen on a wet floor, an uneven surface or on some stairs, there may be someone else to blame.
If you have had a slip and fall and injured yourself on another person’s property the owner of the property may be liable and face blame for your injury, however, they may claim that the accident was your fault and thereby avoid being held liable.
But how do you know if the property owner is to blame? we’re going to take a look at that now.
Once you have told the relevant parties that you intend to file a claim you will hear from at least one insurance company. It can be quite nerve-wracking talking to an insurance adjuster for the first time, but knowing what to say and how to behave could affect your insurance claim. It would also be helpful if you knew what not to say as saying the wrong thing could negatively affect your claim.
Insurance adjusters work to resolve personal injury claims. Knowing how they handle a claim can put you at a slight advantage. Also known as ‘Claims representatives’ or ‘specialists’, they work hard to make sure each claimant gets the amount of money they think they deserve.
What Insurance Adjusters Do
Once you have filed a claim against an individual or a company who you believe was responsible for the accident that caused your injuries the negotiation process will begin. At this early stage of the process, an independent insurance adjuster will work with the company’s or individuals insurance company. Many insurance company’s work this way if they do not have their own claims office.