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Personal Injury Facts

If you have been injured in an automobile accident which was the other driver's fault, or if you were a passenger in a vehicle and suffered injuries as a result of the negligence of the driver, you may have a claim against that driver's automobile insurance company for compensation for your losses. Your losses may include medical expenses, any lost earnings and earnings capacity due to your injuries, physical pain, mental anguish, disfigurement and/or permanent impairment. In order to protect your claim, you should seek immediate medical attention, either at the emergency room or with your family doctor, as soon as possible following the injury, depending on the circumstances and the extent of your injury. If you are unable to work, you should let your employer know why and obtain a doctor's note for your absence. Some insurance companies will try to convince you to not hire an attorney. The insurance adjuster will assure you that he or she will negotiate a fair settlement of your claim, but it will only be fair to the insurance company. We do not recommend that you deal with an experienced claims adjuster from the other party's insurance company without the benefit of your own attorney. You may also be entitled to Personal Injury Protection and/or Uninsured/Underinsured Motorist benefits from your own policy. Certainly, you should not give a recorded or written statement to anyone without consulting with a qualified attorney first. Choosing an attorney to handle your claim responsibly and effectively is the most important decision you will have to make following an accident. Remember, retaining an attorney to file an accident claim does not necessarily mean that you are filing a lawsuit against the other driver. The vast majority of insurance claims are settled before a lawsuit > has to be filed. However, there are deadlines that begin running from the date of the accident, so it is important that you consult with an attorney in order to protect your rights under the law.

Medical malpractice is negligence committed by a professional health care provider - a doctor, nurse, technician, hospital, or hospital worker - whose performance of duties departs from a standard of care of those with similar training and experience, resulting in harm to a patient. In order to file a lawsuit against a physician or other health care provider, you should have a permanent, significant injury and be able to present evidence from a medical expert that malpractice was in fact committed. Some states have passed laws capping damage awards, limiting attorneys' fees and shortening the time period in which plaintiffs can bring malpractice suits. Talk to an attorney as soon as you think you have a medical malpractice claim and first ask about the deadlines to file a claim in your specific case. Tell the attorney exactly what happened to you, from the first time you visited your doctor through your last contact with him or her. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor's instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice. Remember, there are important deadlines associated with the filing of a medical malpractice claim. You may have a deadline of six months or less, such as giving notification to a government-supported hospital. You may have a deadline of two years from the date of the malpractice, or it could be extended in your case. If there is concern that there may have been medical malpractice, it is most important that an attorney be consulted as soon as possible.

A nursing home is a facility that provides skilled nursing care and related services for residents who require medical or nursing care, above the level of room and board, that can be made available only through institutional facilities. Usually, these facilities provide care for the elderly, but such health-related care and services can also include rehabilitation services for injured, disabled, or sick persons. Although institutional care, by its very nature, substantially limits one's lifestyle and scope of privacy, one should nevertheless expect high quality, compassionate and dignified care from nursing facilities. Federal and state laws protect residents in nearly all nursing facilities. These laws require that nursing homes meet strong basic standards for the quality of life of each resident and for the provision of services and activities. There are many specific rights guaranteed by law, including (1) to be free from abuse and exploitation; (2) to safe, decent, and clean conditions; (3) to be treated with courtesy, consideration, and respect; (4) to complain about the nursing home without retaliation; (5) to retain services of a physician the resident chooses; (6) to refuse treatment; (7) to manage the resident's own finances; and many others. If a nursing home resident suffers serious injury due to lack of proper care or negligence, an attorney should be consulted about a potential damage claim.

If you have been seriously injured due to the negligence of another, you probably have a claim for damages. The first thing you should do is seek a free consultation with a qualified attorney. Your attorney will probably represent you based upon a percentage of the recovery plus claim expenses when the case is concluded. You should not give a recorded statement to anyone unless your attorney approves it. Your statement may be used against you to nullify or reduce your claim for damages. You should get quality medical care as soon as possible to treat and document your injuries. When seeking medical treatment, be sure to be honest and accurate in the forms that you complete and in what you tell the doctor and staff. The insurance company of the negligent party will get this information. Your credibility is very important. Your attorney should promptly and thoroughly investigate the occurrence that caused your injuries. He or she will see that appropriate photos and statements are taken before the insurance investigator does it, if possible. The cost of the investigation would normally be paid by the attorney until a recovery is made. The medical bills are your obligation, regardless of recovery.

Premises liability is based on the duty of a landowner to protect persons who are injured because of the condition of the property. It is based on the negligence of the landowner in the use of management of its property. Most of the claims brought against landowners are for what is referred to as "slip and fall." Property owners can buy insurance to cover this type of liability. If you are injured while on someone else's property, you should immediately notify the owner or manager. Be sure to get names of any witnesses and how to reach them by phone or mail. As with any injury, you should see immediate medical treatment. If you have other questions, you should seek competent legal advice by consulting an attorney of your choice.