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Personal
Injury
The following descriptions are meant to be only
a brief summary of the law in this area. You should never rely
upon these descriptions in lieu of legal advice by a licensed
attorney.
Generally
if you are injured in some way by the negligence or wrongdoing
of another person or corporation, you may have a claim for personal
injuries. Unlike workers' compensation, where you may be entitled
to compensation for simply being injured in the course and scope
of your job, other kinds of personal injury claims require evidence
that the person who caused the injury acted negligently or intentionally
to cause the injury.
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Car
Accidents- Although personal injury claims can arise
in a variety of settings, car accidents are by far the most
common way that a person suffers injuries caused by the negligence
of another. Here are some important pointers if you are injured
in a car accident that is not your fault.
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Call the Police-Notifying
the police is required by law if there is serious injury
or death, or if the property damage to one of the vehicles
in the wreck exceeds $500.00. However, if you think
there is any possibility that you may have been hurt,
it is very important that you call the police regardless
of your impression of the damage to the vehicles. The
accident report generated by the police is the single
most important piece of evidence that will be used in
determining how much you will paid for your injuries.
If you do not call the police and then later realize
that you have been hurt, the information that could
have been gathered from the scene is partially lost.
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Dealing with the Insurance
Company- Although their TV commercials strive
to create a different impression, insurance companies
are in business to make money, and the less money they
pay for your injury, the more they have for their bottom
line. If the accident was clearly not your fault, an
insurance adjuster from the at fault driver’s
insurance carrier may contact you and seem very concerned
and interested in compensating you for your injuries
as soon as possible. The only incentive an insurance
company has for making a quick settlement is to get
rid of your injury claim as cheaply as possible. They
have no interest in helping you in your time of need.
If you do decide to deal with the insurance company
on your own, you should be skeptical of any advice they
give you and proceed with great caution.
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Call a Lawyer- Call
our firm, or call another firm, but make that call.
Most firms give a free consultation, so there is no
reason that you should not at least discuss your case
with a trained professional. This website and others
give an overview of the system, but there are hundreds
of variables that can affect your case. That is why
it is so important to talk to someone about your case.
If your injuries are not very severe and you want to
do it on your own, we will gladly talk with you about
the specifics of your case and give you some pointers.
The more serious your injuries are, the more you stand
to lose if you try to take on the insurance company
on your own.
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Property Damage and Personal
Injury Claim- There are two completely separate
components of the compensation to which you may be entitled.
Property Damage refers to the money to which you are
entitled to for the damage to your car. A personal injury
claim refers to the money you are entitled to for your
injuries. These are separate claims and are usually
settled at different times. The property damage claim
can be settled after the cost of repairs, and possible
diminution in value to your car has been determined.
The personal injury claim should not be settled until
you have fully recovered from your injuries.
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Other Injury Claims- Ms.
Jenkins handled a defective design case against Ford Motor
Company, which yielded a fair and lucrative settlement for
the minor plaintiff who was blinded in one eye due to a faulty
airbag design and insufficient warnings. If you have been
injured or a loved one has been injured in some other setting,
by negligent medical or nursing home care, or by a defective
product or drug, give us call and we will be happy to discuss
with you whether or not you may have a claim.
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