Types of Claims

Every year, millions of people are injured in accidents that is not their fault. This can be at home, at work, in their cars, or even outdoors.

In many cases, although the victim themselves are not to blame for the injury that they have suffered, someone else is at fault, and the victims should be able to obtain compensation for the damages they have suffered. Personal injury law is a complicated aspect of the legal system. However, with the right guidance from a personal injury solicitor, the process of making a claim can become much simpler.

The first step is to recognize that a personal injury can include both physical and psychological damages, which can be sustained at work, through a traffic accident, because of negligence, or as a result of faulty goods, amongst other circumstances.

If you are considering taking legal action to claim compensation for a personal injury that you have suffered, you will need to speak to a solicitor that specializes in this area of law as soon as possible, since there are strict time limits when it comes to constructing a case.

The most common claim for a personal injury case is typically negligence, and the time limit in place for creating a case here is usually three years. This means that court proceedings must be issued within three years of your injury for them to be considered in court. In certain circumstances, the court may decide to extend a time limit, but it will depend on the specifics of the case.

The Amount of Compensation

One of the first things that many people ask when it comes to filing a personal injury claim, is just how much they may be capable of gaining in terms of compensation. The honest truth, however, is that the amount of compensation a personal injury claim is capable of generating is a variable factor.

The amount of compensation that you get in any case will depend on the individual components of your claim, and many different factors will generally be taken into account when it comes to generating the worth of your injury. For example, certain aspects that court will consider include:

  • Whether the victim has sustained any permanent damage
  • The nature of the injury that has been sustained
  • The extent to which the injury is covered by insurance
  • The amount of medical bills accumulated because of the injury
  • Lost wages
  • Any expenses related to travel for the injury
  • Pain and suffering
  • Other various out-of-pocket expenses

How Personal Injury Claims are Resolved

Personal injury claims can either be solved through a negotiated settlement that takes place outside of court, through a formal arbitration, or by a trial including a jury. The options that are available for the settlement of a personal injury claim may depend on the jurisdictions in question and the amount of damages or compensation the victim seeks to receive.

There are disadvantages and advantages to all methods of resolution, but fortunately, an experienced and skilled attorney is all you need to help guide you through the process and come out at the other side. Although a marvelous lawyer is extremely important when it comes to successfully filing a personal injury claim and acquiring the compensation that you deserve, it’s worth remembering that any decisions regarding a claim settlement will still be yours.

This Law Firm Understands Your Predicament

Attorneys simply provide a guide and resource to help you move through your personal injury claim as well as possible. For more advice on the concept of personal injury and claiming for compensation, contact the outstanding attorneys that work for CJ Lee & Associates, via phone at (505) 728-7799, or email at info@indianlaw.lawyer

The Basics: What is Insurance Litigation?

It is common practice for individuals and businesses alike to purchase insurance agreements as a way of protecting themselves against future financial hardship should an unforeseen event have negative impact on their lives.

Trust

Policyholders who take out an insurance policy do so within the understanding that the insurance company will act in good faith and do their best to meet their own obligations when it is time to file a claim. Insurers that fail to follow through on their obligations will sometimes find that they are brought into question and embroiled within insurance litigation.

The Types of Insurance Litigation

The subject behind a case of insurance litigation can vary somewhat widely. Sometimes, a case will be brought against an insurance company because they have shown allegedly ‘bad faith’. The term ‘bad faith’ refers to when the company has failed to make critical information known to the customer, or they have failed to properly investigate a claim within a timely manner. Bad faith is a term that is used quite commonly throughout case law.

The term can be used to describe an undue delay when it comes to handling claims, a company refusing to put adequate investigation into a claim, or refusing to defend a lawsuit properly. In some cases, bad faith may refer to threats that are made against the insured in an attempt to prevent them from claiming, or a refusal to make or convey a reasonable settlement offer.

Other lawsuits can center on other concepts, such as the denial of a perfectly valid claim, or an insurance policy provider offering the insured party significantly less money than their claim is actually worth. Refusing to settle or negotiate claims is also a common subject when it comes to insurance litigation.

Doing the Right Thing

Similarly to a claim of medical malpractice, the concept of insurance litigation is based on the understanding that an insurance company owes a certain standard of care to the customers that choose to take out a policy. As a valid insurance company, it should:

  • Recognize its duty to defend a claim that is given under the terms of the policy.
  • Recognize its duty of indemnification, to pay a judgment against the policyholder up to the limit of coverage.
  • Provide benefits where coverage should be given according to the policy that the holder and the company agreed to.

In order for a policyholder to be eligible for an insurance litigation case, some sort of damage must be brought against them by the insurance company. For example, a policy holder may suffer some form of damage if the insurance company in question fails to offer a reasonable settlement for a valid claim. Further damage may arise if afterwards, the policyholder is then subject to judgment in excess of the limits of the policy.

Considerations

Generally, state statutes will deal with the responsibility of the insurers when handling claims. Many states come with their own department for matters of insurance, which will be responsible when it comes to regulating how insurance companies throughout the state handle claims and deal with customers accordingly.

Beneficiaries, third-parties and policy holders have the right to file court action in the pursuit of damages when they believe that their insurance company has engaged in some manner of unfair or unreasonable practice regarding claims and coverage.

A Law Firm that can see through the Smoke

Many states actually have substantial penalties when it comes to dealing with insurance companies that violate the regulations set out for the settlement of claims. If you feel as though you could benefit from extra help or guidance in this area of law, get a hold of CJ Lee & Associates which is satisfying and committed law firm in this domain. You can call them at 505-728-7799 or email this outstanding law firm at info@indianlaw.lawyer

Personal Injury Lawyer – who, what and why?

A personal injury lawyer, sometimes referred to as a trial or plaintiff attorney, is a professional civil litigator capable of offering representation to plaintiffs who are filing cases from a psychological or physical injury. This injury will have resulted from the careless, inappropriate, or negligent behavior of another party.

The area of law that personal injury lawyers specialize in is referred to as ‘tort law’ which describes civil or private wrongs, including breach of contract, defamation, and more.

The goal of a personal injury law suit is to help a plaintiff receive compensation for their loss, which will often cover reasonable medical expenses, pain and suffering, loss of earnings, emotional distress, legal costs, and sometimes attorney fees.

Types of Personal Injury Claims

In most circumstances, any legal case that involves an injury caused by another party to the plaintiff’s mind or body will constitute personal injury. However, some of the most common cases that personal injury lawyers handle include:

  • Traffic / Auto accidents
  • Cases of malpractice
  • Defective product cases
  • Nursing home abuse
  • Wrongful death
  • Slip and fall accidents

Personal injury lawyers will generally organize a case from the start, all the way through to an appeal, performing various important tasks such as investigating claims, researching case law, screening potential clients, gathering evidence, interviewing witnesses, drafting pleadings, formulating legal theories, preparing and advocating at trial, and counseling clients.

Because many areas of personal injury law can be quite complex, some lawyers will focus specifically on certain niches within the profession. For example, some personal injury lawyers are particularly adept in medical malpractice cases, whereas others effectively litigate auto accidents.

Why hire a lawyer at the outset?

Although legal representation may not be the first thing on a client’s mind following an injury, there are various advantages to hiring a lawyer immediately following an injury. First of all, insurance companies will begin asking questions to both you and the other party immediately, and you will need advice on how to properly handle this process. In some cases, a lawyer can answer questions on your behalf, taking some of the pressure away from you, and allowing you to focus on speeding up your recovery.

Lawyers are also essential for making sure that you do not accidentally say something to the police or insurance providers that may somehow harm your case.

Although the law does not necessarily require you to hire a lawyer to fight your personal injury case with you and help you regain compensation, it is always a marvelous idea to at least consult with a professional before you decide to try and handle these complex matters alone.

Even the smallest injury can easily turn into a more serious, or even chronic problem, which could leave you wishing you had made your case earlier. The statute of limitations for personal injury cases is only two years from the injury, and if you leave it longer than this to go to court, then you may find that your right to compensation is lost.

A Game Changer

Furthermore, a standout personal injury lawyer will help to guide you through a difficult time in your life, providing honest advice as to whether you really need legal help to deal with your problems. In some cases, an attorney may even recommend that you accept a settlement that has been offered to you. Whatever the circumstances, a golden lawyer in a personal injury case can be the difference between prolonged, unnecessary suffering, and achieving the justice you deserve.