After getting involved in a motor vehicle collision, you should take several steps to help build a case to receive compensation. First, you call 911 to alert the appropriate law enforcement agency about the crash. Second, you should seek medical care to diagnose and treat every injury that results from the accident. Then, obtain the contact information from witnesses and take photographs of the accident scene by using your cell phone. The most important step involves contacting an experienced personal injury lawyer to schedule a free consultation.
Personal injury cases extend well beyond motor vehicle collisions. If you are a victim of a slip and fall, medical negligence, or a defective product, a personal injury attorney can help you recover your financial losses. The key is to come prepared for the free consultation by knowing what information to give to your personal injury lawyer. Accident Report An accident report is a crucial document that provides your attorney with information such as the date and time of the personal injury incident, as well as where the incident took place. If you cannot obtain a copy of the accident report, your personal injury lawyer contacts the appropriate source to obtain it. An accident report should help your personal injury lawyer determine the cause of the incident and whether another party committed one or more acts of negligence. Photographs of the Incident Scene Photographs can reveal plenty of useful information, such as where a personal injury incident took place. For car accident cases, law enforcement officials typically include photographic evidence in the official police report. For other types of personal injury cases, you should be proactive and take photos of the incident scene. You also should request video camera tape that might help your attorney determine the cause. Witness Contact Information Witness statements provide support for the physical evidence collected at the scene of the personal injury incident. You do not have to interview witnesses after a personal injury incident. Just write down the names and contact information for your attorney to reference. Your personal injury lawyer should interview witnesses as close to the date of the incident as possible to receive the most accurate accounts of what transpired before, during, and after the personal injury incident. Medical Records Medical bills by far represent the costliest expense associated with a personal injury incident. The costs associated with diagnostic tests, treatment programs, and physical therapy sessions can soar into the tens of thousands of dollars. Your personal injury lawyer needs copies of medical records to convince an insurance adjuster to approve a compensation claim. Copies of medical records also play a role in a judge determining the value of the compensation awarded during a civil trial. Insurance Information When you meet with a personal injury lawyer for a free consultation, the lawyer needs to review your insurance information to determine the extent of your coverage. You also should provide a personal injury lawyer with the insurance information of the other party or parties. Although you should not contact your insurance company until you speak with an attorney, make sure to tell your lawyer if you did reach out to your insurance company.Before you meet for a free consultation with a personal injury lawyer, ask the attorney what information you need to bring to the first meeting.
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According to the Centers for Disease Control and Prevention (CDC), around 31 million Americans receive medical care each year as a result of an accidental injury. The injuries range in severity from relatively minor cuts and bruises to significant trauma such as head injuries and fractured bones. Victims of accidental injuries work with personal injury lawyers to recover from the financial losses generated by medical bills.
Trying to recover from the financial losses generated by an accidental injury or injuries reason is the most common reason why victims seek the legal support of a state-licensed personal injury lawyer. What are the five other situations when calling a personal injury lawyer is important? Filing an Insurance Claim In the days following a personal injury incident, you can expect the adjuster processing your insurance claim to try settling the claim as quickly as possible. Insurance adjusters follow the motto of “pay as little as possible” when dealing with accident claims. If you do not receive the legal support of an experienced personal injury lawyer, the insurance adjuster processing your claim might try to take advantage of you. A personal injury lawyer collects the physical evidence you need to receive compensation, such as acquiring copies of your medical bills. The official incident report represents an important document that substantiates your insurance claim. For example, if you slip and fall at a convenience store, the manager’s incident report becomes an integral part of the physical evidence. Injuries Caused By a Defective Product or Medical Provider If you sustained one or more injuries caused by a defective product or medical provider, a team of attorneys representing a large company works hard to defend their client against any liability claims. They might aggressively defend their client by disputing your credibility and/or delaying any legal proceedings regarding the case. Without a personal injury attorney to represent you, the chances of you receiving compensation dramatically decline. Negotiate a Settlement The insurance company processing your claim or the defendant in a personal injury lawsuit might come out of the gate willing to discuss a financial settlement. If this is the situation, you need the legal services of a persuasive negotiator to represent you during the back-and-forth sessions. A personal injury lawyer submits a reasonable offer for compensation, which the other party either accepts or rejects. If the other party rejects the initial offer, you can expect to receive a counteroffer or a letter requesting that the case move to the next step in the legal or insurance claim process. Several counteroffers can follow the initial offer until both parties agree to a settlement or decide to take the case to the next phase. Case Goes to Trial It seems like a no-brainer, but might be surprised to learn about the large number of plaintiffs in personal injury cases who represent themselves during a civil lawsuit that seeks monetary damages. If it looks like your case is moving to the trial phase of the civil lawsuit process, you should receive the support of a personal injury attorney who has successfully litigated similar cases. A skilled litigator knows how to persuade the judge hearing the case to take your side, as well as convincingly present the physical evidence that you need to win a favorable judgment. In addition, a personal injury attorney files a civil lawsuit before the expiration of the statute of limitations, which for most states runs between two and four years. Appealing Your Case or Claim If your insurance claim and/or civil lawsuit reaches the appeals stage of the process, a personal injury attorney helps you navigate through the process until you receive just compensation. You might have to submit more compelling physical evidence, as well as present a stronger argument that you deserve just compensation for your injuries and other financial obligations caused by a personal injury incident. If you did not seek legal support before the appeals stage, a personal injury attorney can reverse a negative decision made by a judge or insurance adjuster. Personal injury law covers several types of cases, including car and truck accidents, as well as product liability and medical malpractice. All four of these types of personal injury law cases are considered high-profile cases, as stories about these types of personal injury cases appear regularly on the nightly news and your favorite online news source. However, slip and fall incidents can be just as serious as any of the other types of personal injury cases. The National Floor Safety Institute (NFSI) recently released a study showing that slip and fall incidents result in more than one million emergency room visits each year in the United States.
Injuries sustained as the result of a slip and fall incident range from minor cuts and bruises to a compound fracture of the wrist. When we slip and start to fall, the instinctive reaction is to use one or both arms to brace for the impact delivered by the fall. This makes one or both wrists highly vulnerable to sustaining some type of fracture. Although a compound fracture represents a serious injury with potentially severe health consequences, it is just one type of serious injury that you can sustain from a slip and fall. Other types of serious injuries that result from a slip and fall include whiplash, brain trauma, and spinal cord damage. How Does Personal Injury Law Benefit a Slip and Fall Victim?Personal injury law protects victims of slip and fall incidents by giving them several rights that help them recover financial losses. You Have the Right to File an Insurance Claim When you meet with a personal injury attorney for a free case evaluation, your lawyer explains the process for filing an insurance claim. Without legal representation, the insurance company that you have to deal with might try to take advantage of you. Filing a persuasive insurance claim starts by gathering and organizing physical evidence, such as photos of the slip and fall scene, as well as footage captured by a venue’s security cameras. Witness accounts also play a pivotal role in filing an insurance claim. Before you file the claim form, your personal injury attorney reviews it to ensure you have completed every section with accurate information. Your lawyer also closely monitors the claim to ensure it processes in a timely manner. You Have the Right to File a Personal Injury Lawsuit Filing a civil lawsuit that seeks monetary damages requires more preparation than the preparation required for filing an insurance claim. Your personal injury attorney must prove another party committed one or more acts of negligence. Proving negligence requires your lawyer to demonstrate the presence of four elements, starting with the element called duty of care. The venue where you slipped and fell owed you a duty of care to prevent you from sustaining one or more injuries. The second element of proving negligence involves showing another party violated the duty of care doctrine. Then, your attorney presents evidence that you sustained injuries as the result of a slip and fall that caused financial losses. You Have the Right to Seek Compensation The primary goal of filing a personal injury lawsuit is to win a favorable legal judgment in the form of receiving compensation. You have the right to seek economic damages, which represent the tangible costs associated with the slip and fall incident, such as lost wages, medical bills, and property damage. Non-economic damages do not come with a price tag, but they can be as financially draining as economic damages. After a slip and fall, you might develop symptoms of Post-Traumatic Stress Disorder (PTSD) anytime that you walk into a similar venue to the one where you slipped and fell. Punitive damages do not cover financial losses. Instead, a judge awards punitive damages to punish a plaintiff for committing one or more acts of negligence. You Have the Right to Discovery One lesser-known benefit of personal injury law concerns your right to gain access to the physical evidence and witness statements acquired by the other party. The discovery phase of the litigation process grants both sides the opportunity to share information, which helps both parties determine whether taking the case to trial is worth the time and money. During the discovery phase of the litigation process, both parties can try to negotiate a settlement that avoids a costly and time-consuming trial. A slip and fall accident can cause one or more serious injuries, such as brain trauma, a fractured wrist, and spinal cord damage. Hiring an experienced personal injury attorney can help provide legal support in many ways, including gathering physical evidence, interviewing witnesses, and ensuring you file a persuasive civil lawsuit that seeks monetary damages.
When you meet with one of our personal injury lawyers, you can expect the attorney to encourage you to act with a sense of urgency for several reasons. Statute of Limitations Each state has established a deadline for filing personal injury lawsuits. Most states have set the statute of limitations between two and four years, while a few states grant as long as six years and as short as one year to take legal action. If you fail to file a civil lawsuit that seeks monetary damages before the expiration of the statute of limitations, you can expect the court clerk processing your lawsuit to remove it from the judicial docket. The sooner you hire a slip and fall attorney, the more likely that you will file a civil lawsuit before the deadline set by the state where you live. Witness Accounts Witness accounts of a slip and fall accident provide legal support for the evidence gathered at the scene of a personal injury incident. For example, a fellow shopper at a grocery store can verify the footage captured by a store security camera. However, your slip and fall attorney should interview every witness as close to the date of the slip and fall accident as possible. Witnesses tend to provide less reliable versions of events the longer they wait to meet with a slip and fall lawyer. Recover Compensation Unless you arrange a payment plan with a debtor that allows the debtor to take out expenses from an approved insurance claim and/or a favorable legal judgment, you have the financial obligation to pay medical expenses and other types of economic damages until you receive compensation. Since medical bills can quickly run into thousands of dollars, reaching a quick settlement with an insurance company prevents you from falling deep into a financial hole that might require the filing of bankruptcy documents. Interact with Insurance Company The insurance company that processes your claim wants you to submit the claim as quickly as possible after a slip and fall accident. Without the legal support of a personal injury attorney, the insurance company might take advantage of you by denying a valid claim or approving a claim that is valued well below what you deserve. Because the insurance company wants you to file a claim shortly after a slip and fall accident, you must act quickly when hiring an experienced personal injury lawyer to handle your case. Crowded Judicial Docket The judicial docket for civil lawsuits is typically crowded with cases. This means you might experience a delay in the processing of your case, especially if you plan to take the case to the trial phase of the litigation process. Hiring a personal injury attorney as quickly as possible after a slip and fall accident gets your case heard sooner than if you wait to hire a lawyer a few months down the road. As a type of personal injury law, premises liability covers cases when a visitor to someone’s property sustains one or more injuries because of an act of negligence committed by the property owner. For example, if you slipped and fell while on someone else’s property and the property owner’s negligence caused you harm, you might have a strong enough case to file a premises liability lawsuit.
Winning monetary damages for a premises liability lawsuit can be difficult to do. The key is to submit persuasive physical evidence that includes the statements made by witnesses to the incident. How Can I Strengthen My Premises Liability Case?Submitting convincing physical evidence goes a long way toward helping you receive just compensation for any injuries sustained, as well as for lost wages and property damage. Photographs Taking photos of the accident scene can demonstrate that the property owner failed to take steps to protect your health while you were on the property. For example, if you fell down a flight of stairs because a handrail broke free from a wall, taking photographs of the defective handrail can boost the chances of you winning a civil lawsuit that seeks monetary damages. You should take photos of the accident scene right after the incident to ensure the property owner does not cover up the physical evidence. If you fell down a flight of stairs because of a defective handrail, waiting too long after the accident to take photographs gives the property owner enough time to secure the faulty handrail. Security Camera Footage Unlike a vast majority of public spaces, some private properties do not include a security camera system for an attorney to review. Obtaining video that captures a premises liability accident can establish proof that the owner of the property committed one or more acts of negligence. Working with a premises liability attorney provides you with the legal support that you need to subpoena the property owner to acquire a copy of the video for your lawyer to examine for acquiring additional physical evidence. Medical Bills and Records Copies of medical bills and records provide the evidence you need to seek compensation for the financial losses associated with your injuries. The results of diagnostic tests confirm your symptoms, and a detailed description of treatments and physical therapy sessions informs the judge hearing your case about the extent of your injuries. Copies of medical bills allow your attorney to submit a reasonable value for monetary damages based on tangible expense documents. Financial Records Copies of bank statements and timekeeping records show how much money you lost in wages because of a premises liability accident. You have the right to seek compensation for lost wages, but you must submit documents that verify the amount of time you missed from work, as well as the compensation lost while you mended from your injuries. Your employer should submit copies of timekeeping records. Work with an Experienced Premises Liability Attorney The most effective way to strengthen your premises liability case involves hiring a highly-rated personal injury attorney who specializes in litigating premises liability lawsuits. Your lawyer understands how to prove each of the four elements of negligence, which include a duty of care, breaching the duty of care, causation, and financial losses. In addition, an experienced premises liability lawyer ensures you file your civil lawsuit before the expiration of the status of limitations. Schedule a free case evaluation today with an experienced premises liability attorney to help build the strongest case possible for filing a civil lawsuit that seeks monetary damages. Knowing how to react after getting struck by a car might not be on your radar, but it should be. According to the Governor’s Highway Safety Association, the number of pedestrians killed by a moving motor vehicle jumped more than five percent in 2020, despite the pandemic shutting down a considerable amount of traffic. One of the most common reasons why we see increases in pedestrian accidents with each passing year concerns the use of mobile electronic devices while operating a motor vehicle.
Reasons aside, you should know what to do immediately after getting hit by a car. Call 911 Calling 911 does two important things. First, it alerts the nearest law enforcement agency about the accident. The officers responding to the scene of a car accident involving a pedestrian conduct a thorough investigation that leads to the submission of the formal police report. Second, calling 911 activities the medical emergency response system. You might not be physically able to call 911, which means a witness to the accident should do it for you. Receive Immediate Medical Care Receiving medical care can help you recover faster from the injuries sustained because of a pedestrian car accident. The closest emergency room is the place where you receive critical, even life-saving medical care. Even if you feel healthy enough to remain at the scene of the auto collision, you should eventually get medical care to detect any delayed symptoms, such as those that develop from whiplash or a concussion. Take Photographs of Your Injuries One important type of evidence to submit when filing an insurance claim and/or a civil lawsuit that seeks monetary damages involves photographs of your injuries. You should take photos of every injury associated with the vehicle collision, as well as document each injury by writing down detailed descriptions. The personal injury attorney that you hire needs to present the medical evidence to justify requesting a value for compensation. Copies of medical bills and records also provide persuasive evidence for an insurance company and a civil court judge to review. Receive the Formal Police Report As the most influential type of evidence presented for a personal injury claim and civil lawsuit, the formal police report presents a detailed description of what transpired before, during, and after the other party’s car struck you. The formal police report also includes statements made by witnesses, which your personal injury lawyer needs to have to present as supporting evidence. Towards the end of the formal police report, a section should include information that assigns blame for the party or parties that caused the accident. Schedule a Free Case Evaluation with a Personal Injury Attorney Hiring a personal injury lawyer to handle your pedestrian car accident case improves the chances of you receiving compensation for your injuries. Your attorney helps you file a convincing insurance claim, as well as a civil lawsuit that seeks monetary damages to recover the costs associated with your injuries. If you sustained injuries and/or property damage as the result of a car accident, slip and fall, or a defective product, you should schedule a free case evaluation with a personal injury lawyer. Before you meet with an attorney, you should conduct research that considers the factors to look for when selecting the right legal counsel to represent you.
Experience MattersPersonal injury lawyers that have compiled years of experience litigating cases possess a thorough understanding of state personal injury laws, as well as what it takes to persuade an insurance company to approve a claim and a civil court judge to award monetary damages for the negligence committed by another party. For a personal injury case, you should consider attorneys that specialize in the type of personal injury practice that applies to your case. For example, if you sustained injuries that were caused by the negligence of another driver, you want to work with a car accident attorney. In addition to years of experience, make sure any lawyer on your shortlist has a proven record of helping clients receive compensation. Understands Medical TermsSince most of the compensation that you seek concerns medical expenses, you should consider a personal injury lawyer who understands complex legal jargon. This is especially important if you plan to litigate a medical malpractice case. Complex medical jargon often refers to types of injuries, as well as the prognosis of making a full or partial recovery from the injuries. If you sustained serious injuries caused by a vehicle collision, the car accident lawyer that you choose must understand different types of diagnostic tests and the advice given by a healthcare provider regarding rehabilitation. Effective Negotiation SkillsNot every personal injury case ends up in the litigation process. In fact, the best personal injury attorneys try to negotiate a favorable settlement for clients to avoid a costly and time-consuming civil trial. For example, a skilled car accident attorney calculates a fair value for compensation that keeps the lawyer representing the other party engaged in negotiations. A highly-skilled negotiator knows how to submit fair counteroffers that eventually lead to the resolution of a case. Although you want to work with a personal injury lawyer who tries to negotiate a favorable settlement, you also want to hire a litigator who does not hesitate to take your case to trial if negotiations break down. Responsive CommunicatorResponsive communication involves any lawyer on your shortlist communicating with you in a timely manner. For example, if you sustained injuries that resulted from the negligence of another driver, your car accident lawyer must keep you informed about the status of your civil lawsuit. Your legal counsel should listen to what you want out of your case. If you agree to a settlement offer, but your attorney prefers to go a couple of more rounds with counteroffers, your lawyer should agree to accept the settlement offer. Before the first case evaluation, you have the opportunity to test an attorney for responsive communication by leaving voice messages, as well as sending emails and text messages. A lawyer who takes longer than 24 hours to return any form of communication is not considered a responsive communicator. Finally, read the reviews left by clients on sites such as Yelp and Google. Access an attorney’s Better Business Bureau (BBB) page to discover the reputation rating handed out by the consumer advocacy organization. Companies such as Lyft and Uber that provide ride-sharing services have become an integral form of transportation for millions of Americans. An increase in the number of drivers that contract with Lyft and Uber coincides with a rise in the number of accidents. What happens if you get involved in an accident with a ride-sharing vehicle? Do the same steps taken by victims of other types of car accidents apply to a collision with a ride-sharing driver?
Contact Law Enforcement The first action to take after an accident with a ride-sharing vehicle involves calling the nearest law enforcement agency. Calling the police results in the filing of a formal police report that you need a copy of to file an insurance claim, as well as a civil lawsuit if the ride-sharing driver committed one or more acts of negligence. A law enforcement officer also takes control of the accident scene to direct traffic, as well as ensures the ride-sharing driver has obtained the proper credentials to provide ride-sharing services. Receive Medical Care Medical expenses represent the costliest type of expenses you can expect to pay after a collision with a ride-sharing vehicle. To receive compensation for your injuries, you must undergo diagnostic tests that prove you sustained one or more injuries. If you sustained serious injuries, you must seek medical care immediately after the accident. Otherwise, you remain at the scene of the accident until the law enforcement officer completes the initial investigation. Gather Evidence The law enforcement agency that responds to the ride-sharing accident conducts an investigation that includes gathering and organizing evidence. However, you should take photos of the accident scene that includes images of the damage done to your vehicle and the injuries you sustained because of the accident. Photographs of the accident scene can help your attorney determine whether the ride-sharing vehicle committed one or more traffic violations. Driver and Witness Information Because Lyft and Uber drivers operate as independent contractors, you need to acquire the driver’s name and contact information. You also should receive information that describes the ride-sharing company’s insurance details, such as policy number and how much coverage the company has bought. The responding law enforcement officer should ask for this information as well. Ask witnesses for their names and contact information, which you give to your personal injury attorney. Hire a Personal Injury Attorney Hire a personal injury lawyer before you contact your insurance company and file an accident report with the ride-sharing company. Your attorney advises you on how to proceed with the filing of a claim, which includes contacting your insurer at the right time. Personal injury lawyers act as intermediaries between clients and insurance companies. Working with a personal injury attorney helps you file an insurance claim, as well as a civil lawsuit, before the state-imposed deadline. Getting in an accident with a ride-sharing vehicle introduces different legal issues than if you got involved in a typical auto collision. Act with a sense of urgency by scheduling a free case evaluation with an experienced Ohio personal injury attorney. |
AuthorSince 1982, the attorneys of Schiff & Associates have provided our clients with quality legal representation in cases of personal injury and wrongful death. Our clients benefit from the combined skills of a powerful legal team. Archives
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