| Would you benefit
from a consultation with a lawyer on your injury claim?
Injury claims create
unique stresses. At the time when your body and
mind are stressed from physical injuries and healing,
your life is disrupted with finding transportation,
missed work and wages, and, on top of that, you are
faced with learning how to protect your rights in a
situation you've not needed to know about before, and
probably won't again. It's a tough time to learn a
lifetime of laws. Do you know if you're being
treated fairly?
If you can answer
"YES" to any of these questions, then a
consultation with a lawyer may be right for you:
- Have you been
asked to sign an authorization or paperwork for an
adjuster?
- Has an
insurance adjuster led you to believe it is
"required" that you give a recorded statement?
- Has the
adjuster assured you over the phone without
following-up in writing?
- Has a
receptionist at a medical provider told you that
your health insurance won't cover your medical
bills?
- Did anyone at
your own insurance company tell you that you don't
need to start a claim with them?
- Would you like
to know what all of your insurance coverages
actually cover?
- Is more than
one person at fault for your injury?
- Are you
concerned that your injury hasn't healed as quickly
as you hoped?
Call to schedule a free consultation 24 hours a day, 7 days a
week
Secrets about
Injury Claims
The more you know,
the better you'll be! No two injuries are
identical. Call now to discuss your specific facts
and rights.
- You DO have
time under law to become informed before signing
anything.
- You DO have
the right, and perhaps are required, to include your
health insurer.
- You DO need to
get healed quickly and completely. Your health
is more important than "your claim."
- You DO
understand that the insurance company has their goal
in focus, not yours. Right?
Proving Fault in
Personal Injury Accidents: General Rules
How to decide who is legally at fault for
an accident or personal injury.
Determining legal responsibility for an
accident or injury (often called "liability") can be
complicated, but often rests on whether someone was
careless or "negligent." It's easy enough to say that
the person or business that caused an accident must pay
for your injuries. But before you get to that point, you
must determine who was legally at fault.
Determining Legal Liability
Most accidents
happen because someone was careless. The basic rule is:
If one person involved in an accident was less careful
than another, the less careful one must pay for at least
a portion of the damages suffered by the more careful
one.
Legal liability for almost all accidents is determined
by this rule of carelessness, and by one or more of the
following simple propositions:
- If the injured
person was where he or she was not supposed to be,
or somewhere he or she should have expected the kind
of activity which caused the accident, the person
who caused the accident might not be liable because
that person had no "duty" to be careful toward the
injured person.
- If the injured
person was also careless, his or her compensation
may be reduced by the extent such carelessness was
also responsible for the accident. This is known as
comparative negligence.
If a negligent
person causes an accident while working for someone
else, the employer may also be legally responsible for
the accident.
If an accident is
caused on property that is dangerous because it is
poorly built or maintained, the owner of the property is
liable for being careless in maintaining the property,
regardless of whether he or she actually created the
dangerous condition.
If an accident is
caused by a defective product, the manufacturer and
seller of the product are both liable even if the
injured person doesn't know which one was careless in
creating or allowing the defect, or exactly how the
defect happened.
When More Than One
Person Is at Fault
When there is more
than one person responsible for an accident -- for
example, if several careless drivers cause a wreck --
the law in most states provides that any one of the
careless parties is responsible for compensating you
fully for your injuries. The responsible parties must
then decide between themselves whether one should
reimburse the others.
This rule about
collecting from any responsible person provides you with
a couple of important advantages. If one liable person
is insured and the other is not, you can make your claim
against the insured person for the full amount. And even
if both are insured, you will have to settle your claim
with only one insurance company. Initially, consider
everyone you think might be responsible and notify each
of them that you may file a claim for damages. Then,
depending on what you discover about how the accident
happened, or on which insurance company takes
responsibility, you will pursue a claim against only
one.
Call to schedule a free consultation 24 hours a day, 7 days a
week
UNDERSTANDING YOUR RIGHTS*
If you have been in an accident, or a
family member has been injured or killed in a crash or
some other incident, you have many important decisions
to make. It is important for you to consider the
following:
1. Make and keep records - If your
situation involves a motor vehicle crash, regardless of
who may be at fault, it is helpful to obtain a copy of
the police report, learn the identity of any witnesses,
and obtain photographs of the scene, vehicles, and any
visible injuries. Keep copies of receipts of all your
expenses and medical care related to the incident.
2. You do not have to sign anything -
You may not want to give an interview or recorded
statement without first consulting with an attorney,
because the statement can be used against you. If you
may be at fault or have been charged with a traffic or
other offense, it may be advisable to consult an
attorney right away. However, if you have insurance,
your insurance policy probably requires you to cooperate
with your insurance company and to provide a statement
to the company. If you fail to cooperate with your
insurance company, it may void your coverage.
3. Your interests versus interests of
insurance company - Your interests and those of the
other person’s insurance company are in conflict. Your
interests may also be in conflict with your own
insurance company. Even if you are not sure who is at
fault, you should contact your own insurance company and
advise the company of the incident to protect your
insurance coverage.
4. There is a time limit to file an
insurance claim - Legal rights, including filing a
lawsuit, are subject to time limits. You should ask what
time limits apply to your claim. You may need to act
immediately to protect your rights.
5. Get it in writing - You may
want to request that any offer of settlement from anyone
be put in writing, including a written
explanation of the type of damages which they are
willing to cover.
6. Legal assistance may be appropriate -
You may consult with an attorney before you sign any
document or release of claims. A release may cut off all
future rights against others, obligate you to repay past
medical bills or disability
benefits, or jeopardize future benefits. If your
interests conflict with your own insurance company, you
always have the right to discuss the matter with an
attorney of your choice, which may be at your own
expense.
7. How to find an attorney - If you need
professional advice about a legal problem but do not
know an attorney, you may wish to check with relatives,
friends, neighbors, your employer, or co-workers who may
be able to recommend an attorney. Your local bar
association may have a lawyer referral service that can
be found in the Yellow Pages or on the Internet.
8. Check a lawyer’s qualifications -
Before hiring any lawyer, you have the right to know the
lawyer’s background, training, and experience in dealing
with cases similar to yours.
9. How much will it cost? - In deciding
whether to hire a particular lawyer, you should discuss,
and the lawyer’s written fee agreement should reflect:
a. How is the lawyer to be paid?
If you already have a settlement offer, how will
that affect a contingent fee arrangement?
b. How are the expenses involved
in your case, such as telephone calls,
deposition costs, and fees for expert witnesses,
to be paid? Will these costs be advanced by the
lawyer or charged to you as they are incurred?
Since you are obligated to pay all expenses even
if you lose your case, how will payment be
arranged?
c. Who will handle your case? If
the case goes to trial, who will be the trial
attorney?
This information is not intended as a
complete description of your legal rights, but as a
checklist of some of the important issues you should
consider.
* THE
SUPREME COURT OF OHIO, WHICH GOVERNS THE CONDUCT OF
LAWYERS IN THE STATE OF OHIO, NEITHER PROMOTES NOR
PROHIBITS THE DIRECT SOLICITATION OF PERSONAL INJURY
VICTIMS. THE COURT DOES REQUIRE THAT, IF SUCH A
SOLICITATION IS MADE, IT MUST INCLUDE THE ABOVE
DISCLOSURE.
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