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Sunday, October 21, 2012

Handling Personal Injury Claims

By Adriana Noton


Personal injury claims come in the form of injuries from car accidents, pedestrian- versus-car mishaps, slip-and-falls because of a slick floor in a facility or from uneven pavement, medical malpractice, nursing home negligence and more. Some claims can be handled without an attorney, but, for claims of substantial injury and voluminous medical bills, an attorney can help you get everything that you are entitled to.

What Am I Entitled To?

You are entitled to medical care, permanent disability or disfigurement compensation, wage reimbursement, emotional and/or psychological damage, loss of the ability to engage in family events and loss of enjoyment, compensation for damaged property such as an automobile and monetary compensation for pain and suffering.

Contact Your Insurance Company:

Next, you should notify your insurance company's claims department of your accident. They will get a copy of the police report from the accident to see where to assign fault. If the accident was not your fault, your insurance carrier will try to recoup their pay-out on your medical care from the insurance company of the driver at fault.

Contact Your Insurance Company:

Your insurance company and the insurer for the person who hit you may want to take recorded statements from you on the circumstances surrounding the accident. It is all right to give your own insurance company as recorded statement, but if you are planning on hiring an attorney, do not give a recorded statement to the insurance carrier for the driver at fault for the accident.

Recorded Statements:

You are entitled to medical care, permanent disability or disfigurement compensation, wage reimbursement, emotional and/or psychological damage, loss of the ability to engage in family events and loss of enjoyment, compensation for damaged property such as an automobile and monetary compensation for pain and suffering.

Settlement:

In most states, legal fees for accidents are paid on a contingency basis. This means that your attorney does not get paid if he or she loses at trial. The normal attorney fee for a personal injury case is 33-1/3 percent off the top of your settlement or trial verdict.

Settlement:

Soon after the insurance company for the driver at fault learns about your injuries, they may contact you with a settlement offer. Do not accept this. Many injuries, such as spinal problems and soft-tissue damage do not show up right away. Report any offers of settlement to the insurance claims adjuster for your personal injury claims.

Statute of Limitations:

If you are inclined to hire an attorney to handle your personal injury claims, you should do it as close to the date of the accident as possible. You have one-to-two years to file a lawsuit against the driver that hit you, depending upon the state where the accident occurred. If you were injured on a city bus or in a municipal building, you will need to file a claim against the city before you can file a lawsuit. A personal injury attorney can take care of this.




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