Any legal action relating to personal injury can be classified as either an act of negligence or as an intentional act, or tort. The word “tort” is just a flashy word that refers to the wrongful act of a person that gave an injured party the right to seek damages through the court system. Negligence cases arise when a person is injured by someone who does not intend to cause harm to that person. The person who causes the injury is careless, or negligent, with other people’s safety. Basically, negligence is a failure to be careful when reason dictates that one should be careful. Some of the most common negligence court cases result from automobile accidents, medical malpractice, or accidents resulting from improper maintenance or design. In order to win a negligence cases, there are four criteria that a plaintiff must prove about the situation that took place. First, it must be clear that the defendant owed a duty to the plaintiff, such as being careful while driving. It must be clear that the defendant violated that duty, and that as a result, the plaintiff was injured. Finally, it must be clear that the injury present was a foreseeable result of violating the duty owed. A common example of this type of case occurs in automobile accidents. Drivers have a responsibility to be alert and to pay attention while driving. If someone decides to talk on the phone while driving or is distracted by people in the car, that driver’s interest is now divided and their level of alertness drops. It’s clear that the driver is violating the duty of responsible driving, and as a result of not paying attention, an accident could occur. If this car ends up rear-ending someone because of the distractions and not paying attention, the other person may be able to argue that the driver was negligent and caused the accident. The focus of a negligence case will be a proximate cause, or a direct cause of the accident. A plaintiff must be able to support negligence by the defendant, as well as a proximate cause. In some cases, multiple causes can exist involving one or multiple parties. In the automobile accident scenario, if another car ran a red light in front of the injured person causing him or her to slam on the breaks, which caused the distracted driver to rear-end him or her, that injured person could bring a case against both the rear-ending driver and the one that ran the red light. In some states, the amount of money rewarded to the plaintiff for a case will also depend on how much the plaintiff was involved in his or her own injuries. With comparative negligence, the plaintiff is rewarded a reduced amount of money based on the percentage of involvement. With contributory negligence, if the plaintiff had any involvement in his or her own injury, no reward would be available. Many states now use a combination of these two cases. If the plaintiff was over 50% at fault, no reward could be claimed. If under 50%, the amount would be reduced based on how much involvement was present. When a case of personal injury involves an intentional, wrongful act, it is known as a tort. These cases are more difficult from a legal perspective, as it can be more difficult to obtain compensation since most insurance policies do not cover intentional acts. Some common torts include assault and battery or child abuse. As with any court case, it is highly recommended to contact an expert to both interpret the law and to make sure a person gets as much of a reward as they deserve. Personal injury can happen at any time and can be very devastating to life and financial situations. Although it does not solve the problem entirely, a negligence or intentional act claim may start a path back to a more financial stable state.
Personal Injury Medical Exam – Your Must Know Guide Whether you were injured on the job or in a car crash, a Defense Medical Exam is one of the pitfalls of an injury case. Sometimes it is called an “Independent Medical Exam” but that is totally a misnomer as there is nothing “independent” about it. Many insurance companies hire doctors who specialize in this type of exam. They do a lot of work for insurance companies and make a lot of money for these exams. Their job is to make you look bad. Their job is to destroy your case. Principle number one: they are not on your side.
1. Cooperate If you don’t cooperate it will be noted in the record and in the report. So be as helpful as possible while bearing in mind that this doctor is not there to treat you. He is preparing to testify against you at trial. He’s not your friend. You don’t need to get chummy. You are not going to win him over by building a fabulous rapport.
2. Tell the Truth Answer questions honestly, accurately and factually but don’t volunteer except as follows. Tell the doc about your pain but don’t exaggerate. Instead of saying “I can’t lift,” say I can lift but with difficulty and pain if it is more than 10 pounds. Be accurate. Tell the doctor about things you have a hard time doing since the accident. Factually describe how so. Be especially careful when repeating what other doctors have told you. Use general terms such as “He says I am getting better but it is going to take time.” 3. One Doctor At a Time and No Lab Tests Don’t permit more than one doctor to examine you. This examination is to be done by one solitary examining doctor. Don’t consent to lab tests, puncturing of your skin, taking of blood or urine samples unless your lawyer has given written permission. You may submit to x-rays.
4. Take Notes Record the time you arrived at his office. How long were you in the waiting area? How much time did you spend filling out paperwork? How many pages was it? How long did you spend with the doctor? How much time was spent getting x-rays?
5. You Are Being Watched The exam starts as soon as you enter the doctor’s office. He will be watching how you move. How you remove your coat. Any difficulty (or ease) with common activities. You don’t need to put on a show. Once again, just be honest.
6. Take Some More Notes After the exam, when you have left his office, stop to describe your visit. How did the doctor treat you? What tests did he perform? What did he tell you? Write down everything you can remember about the visit. Conclusion He’s not your friend but he may try to appear so. Don’t be seduced. He’s getting ready to testify against you at trial. He’s your worst enemy. Be professional and courteous but forget about trying to win him over. Be observant. Then write it all down. And share it with your lawyer.
As everyone knows, life can be quite unpredictable at times. The chances are that at some point in your life you have had an accident of some form, and simply accepted it as just that: an accident that you could do nothing about. Accidents just happen, after all. But what if the accident is not your fault? One thing that you might not have thought of if you have had an accident that was not your fault is that you could be entitled to compensation. Equally, for those who have not had an accident that was not their fault, it pays to be clued up just in case the unfortunate becomes reality for either you or even to help out relatives and close friends. The first question you should be asking is what exactly you would be able to claim. If someone else is responsible for the accident you have had, then you will be permitted to obtain an amount of compensation in recognition of your injury. You may also be eligible to receive compensation that will cover any financial losses, alongside compensation for possible expenses incurred. This will also cover any future losses that you make as a result of your accident. At this point you may be thinking that you have never suffered a serious physical injury so compensation does not apply to you. However, compensation for injury does not only cover just physical injury. If you have suffered mental injury then there is also the possibility that you could be able to receive compensation. You can be compensated for pain or suffering, and, in addition to this, for the loss of amenity. Losing your amenities can take various forms. An example of this could be that the injury you have suffered has either prevented or restricted you from going back to leisure activity or a hobby that you frequented prior to your accident. Furthermore to this, there are guidelines in place that good legal advice will alert you to, in which to help in assessing your chances of receiving compensation. Sound legal advisors will order suitable medical experts to assess you and then to provide a report in relation to both the nature and the effects of your injury. The detailed information given by the medical experts will then allow your legal advisors to counsel you upon your entitlement to compensation. In terms of your possible financial losses, you will be permitted to recuperate your expenses incurred as a consequence of your accident. These expenses can be both past and future, and can include (but are not limited to) such measures as: Loss of personal effects, Property damage, Policy excess or the value of your preferred vehicle of transport, Past and future loss of earnings, Loss of a pension entitlement, Past and future private treatment fees, Medication costs and or past and future care costs, Aids and appliances, Cost of home adaptations, Travel expenses. It is also important that you make a detailed record of every financial loss or expense you acquire as a result of your accident. Good legal counsel will, where possible, seek an interim payment to reimburse your loss.
If you are a resident of New Hampshire, then there is one contact that you must have, it is that of a personal injury law firm. You must already be aware of the state law which doesn’t make it mandatory for motorists to have their vehicle insured to cover for any accident injury claims by the victims. In such a situation only a law firm with efficient and skilled lawyers can guide you in the right direction so that you are able to claim and receive the compensation in case you have to face such an issue. The lawyers can help you in claiming reimbursement based on the legal requirement from the motorists to have enough assets to cover such claims. Lawyers at injury law firm in New Hampshire (NH) In case of a medical emergency you don’t consider treating your loved ones in an average facility. Similarly, in case of a legal emergency, you need to take the help of only the best injury law firm. The lawyers who are a part of such a firm in New Hampshire are well aware of the state insurance requirements, the common cases of personal injury and the tenure of their litigations, compensation claim procedure and the complications that the victim may be able to avoid during such a process. They have vast resources in hand which they can utilize to help their clients get their compensation for being a victim of personal injury. Cost of hiring personal injury lawyers in New Hampshire The cost of hiring lawyers from an injury law firm in NH is a meagre amount in comparison to the cost that you can claim with their help for the mental and physical loss, loss of future earnings, property loss, emotional distress, medical expenses and any other financial liability. Moreover, your attorney will initiate the litigation with only the contingency fee and will accept the full amount of fees after you have received your reimbursement. A law firm that specializes in tackling cases of personal injury understands the kind of emotional, physical and financial liability that you have to go through, without burdening you with any more of it. You can contact an attorney at an injury law firm in New Hampshire for a free consultation before you decide to hire their service. The last thing that you need to be concerned about is paying their fees. They won’t accept their fees unless they are successful in settling your claim. Even if you do not wish to go into the legal complications, it is important that you let your attorney take the necessary steps to protect your rights. A law firm dealing in such cases can represent you in any kind of personal injury. Whether you are based in NH or Massachusetts, their attorney will be able to take up your case. Now that you know your rights and the way to protect and gain from it when required, contact your personal injury lawyer at the earliest and let them start the litigation without delay.
Did you know that hundreds of thousands of people sustain personal injury as a result of road accidents every year? Many of those people are victims of someone’s negligence and could benefit from the help of a personal injury solicitor. If you have ever suffered from a personal injury resulting from a road accident you will know that the impact goes beyond just physical and emotional. Every accident has financial costs: medical expenses, lost wages and property damage. There is no reason why you should have to add these costs to the already traumatic experience if you were not to blame for the accident. Nonetheless, most of the time the victims of personal injury do not file a claim to get what they are entitled to. They instead seek assistance from their life partner, family, or friends, but why should the person or entity responsible for all the costs not be the one paying? If you find yourself at a loss due to to someone’s else negligence, you should get the advice of a personal injury solicitor, who can help you figure out how much compensation you can expect, and how long it might take to receive it. The question is, with so many personal injury solicitors offering their services, how do you know which one to choose? Firstly, look for referrals. Have any of your family, friend or work colleagues filed an accident claim in the past? Tell the people you know about your plans to claim personal injury; maybe they know someone who has had the same experience and can refer you to a particular solicitor. If you cannot get a referral from anyone, then you will need to do a bit of research. Look for solicitor and lawyer offices around your town and make a shortlist a list. Also, do some searches on Google for the name of your town plus the keyword phrases “personal injury” and “personal injury solicitor”. Ideally, you want to look for a solicitor who specializes in personal injury claims. As a rule of thumb, people who specialize in something do a better job than generalists. If you want to get the maximum amount of compensation, you should therefore look for a solicitor or a firm that has dealt with many personal injury claims in the past. Another indicator that a solicitor is serious about your claim is that he or she will offer a no-win no-fee arrangement. This means that the solicitor will only be paid if you succeed with your claim. This situation means that you have absolutely nothing to lose; you either get paid compensation, or you are no worse off than you were before filing the claim. To summarize, it is not easy to find a personal injury solicitor that will offer both experience and a no-win no-fee injury claim service, and guarantee that you will get the compensation that you deserve, and that the person or entity responsible for your accident will think about it twice before committing negligence again, but it is definitely worth putting in the effort looking for one.
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