The court won’t wait for your complaint, not even by a minute. After all, courts are known for following the rules to the letter.
The Wall Street Journal reports that back in 2007, Toshiba incurred losses amounting to $1 million as a consequence of a minute’s tardiness in filing a motion for attorney’s fees. It all had to do with the chosen courier’s inability to deliver the necessary paperwork on time. The courier was well aware that closing time for the courtroom was at 4:00 p.m. and calculated that it had 30 minutes to get there.
Unfortunately, heavy traffic along Grand Avenue in Santa Ana held the courier up. Even when the courtroom had only been closed for a minute, the motion failed to push through, forcing Toshiba to file it the next day. The judge subsequently ruled against the company given that the responsibility of filing the claim had been within its control.
When it comes to a car accident, there can be no doubt that late filing creates various inconveniences and unnecessary expenses. You may be allowed to file a late claim if the government is to blame for the delay. In any case, the moral of this story is to never wait until the last minute—literally—to file any claim, be it for personal injury or property damage.
Car accidents are a fact of life, with almost 5.5 million reported cases in 2010 nationwide and another 10 million going unreported. While a vast majority of car crashes are not fatal, they still cause considerable damage to vehicles and serious injuries to passengers. Aggrieved parties normally hire car accident lawyers in Sacramento to ensure that the recompense they receive from insurance companies is enough to cover all repair and medical expenses.
While being involved in a car accident is already an ordeal in itself, things can be even more complicated when the perpetrator flees the scene of the accident. This qualifies as a hit and run, which is a felonious act. However, you can bolster your chances of winning your case with these simple steps.
Hit and runs happen in the blink of an eye, so getting the other car’s plate number may be almost impossible. At the very least, try to remember the color, make, and model of the car to help identify the felon later on. Note down the time, date and place, and the identities of any eyewitnesses present. Take pictures of your damaged car and your injuries if you can.
In addition, don’t forget to call the police as soon as possible as a police report will help facilitate the claims process. Finally, call your insurance company to let them know about the accident and to check if they cover hit and run accidents.
By means of competent legal representation by an injury lawyer, any individual who has sustained personal injury due to the negligence of another party can receive compensatory damages to which he or she is legally entitled. In such cases, the compensation depends on the nature and extent of the injury, the monetary or physical losses incurred, and the pain and suffering (be it physical or emotional) sustained.
It is the responsibility of the personal injury lawyer to study the injured party’s case and evaluate its worth in terms of compensatory damages. These damages are to be provided by the party responsible for the accident (or their insurance company), and are negotiated and agreed upon by all involved parties in court.
Compensatory damages may come in various forms. Most important, of course, is adequate medical attention, which includes not only the cost of initial treatment but also future medical care if the injury sustained is deemed chronic or permanent and will require continuous treatment due to a disability or disfigurement. Financial assistance is likewise provided, particularly if the injured party has not been able to return to work temporarily or permanently, and as a result has not received his or her wages.
Other compensatory damages include compensation for emotional distress, pain and suffering, loss of consortium and enjoyment, and loss or damage of property and personal belongings (e.g. vehicles totaled in car accidents).
Personal injury claims encompass a wide range of physical and mental injuries. In virtually every claim, the victim or plaintiff would have to successfully establish the liability of the party at fault in order to obtain compensation for injuries and damages. The necessary considerations include: duty of care, breach of duty, direct cause, and harm.
In this context, duty of care refers to the liable party’s failure to carry out his obligations, which then resulted in the victim’s injuries. Unless enough evidence can be gathered and there are witnesses who can attest to the circumstances of the accident, liability can be rather challenging to prove. Meanwhile, breach of duty suggests that the defendant had prior knowledge of the risks involved but still acted with utter disregard for the other person’s safety. Direct causation shows that the defendant’s actions inaction led to the plaintiff’s injuries, while harm pertains to the financial losses or expenses the victim incurred as a result of the defendant’s negligence.
A case may either wind up in litigation or lead to an out-of-court settlement depending on the circumstances or the plaintiff’s decision. At any rate, such matters are best handled by a competent lawyer who has relevant experience and expertise in handling personal injury cases.
You will never know when an accident or injury will hit you and knock you down. Most people who get into accidents or get injuries due to other people’s actions usually seek help from a personal injury lawyer to obtain due claims. Hiring one has a lot of benefits.
Personal injury lawyers are the experts when it comes to personal injury laws. There are different laws in every state and for every situation. You are probably unfamiliar with these so there is a chance that you will be taken advantage of. A personal injury lawyer will be able to help you interpret and apply such laws in your case.
A personal injury lawyer will represent you well in court. If you will be representing yourself in court, things might not go as easily for you. Insurance adjusters might even not give you a fair compensation. So hiring a personal injury lawyer is important to get the right amount of damages that you need.
If you hire a lawyer for your case, there is also a chance that the insurance adjuster will give you a higher compensation. Moreover, your lawyer will be able to help you get a higher amount even after you’ve paid him his fees.
If a person has been injured because of other people’s negligence, it is important to do two things right away: seek medical attention and claim any compensation due to the victim by law. But remember, no two personal injury claims are alike, so it is important to familiarize yourself with their different types for you to know your rights when any of these occurs.
Road Traffic Injury
This is the most common type of personal injury claim. Since more people are on the road nowadays, driving-related accidents are also increasing. These usually happen because drivers or pedestrians are distracted by technologies in their automobiles, cell phones, and other electronic gadgets. Whether one party’s use of these led to an accident should factor in this type of claim.
Work Related Injury
Workplace injuries are also common and could be caused by the negligence of a co-worker, supervisor, another employee, or even the injured person himself. People often think that the party responsible is another member of the employer’s company, but this isn’t the case all the time.
Slip and Fall Injury
Slip and fall cases can happen anywhere, not just in malls and stores. Contrary to what most people think, these cases are not easy to resolve. It is important to get an incident report even before the injured party could leave the scene to be able to know who is at fault.
Should a worker get injured while on the job, his employers are required by law to reward him with workers’ compensation, popularly known as workers’ comp. With a settlement for workers’ comp, laborers can potentially pay their medical bills and even receive a stipend of sorts while they nurse their injuries. As swell as this arrangement sounds, some employers can be hesitant to award compensation. Such a case may need a little negotiating to settle.
Workers planning to negotiate a compensation should first see a supervisor immediately following the accident and confirm and document their injuries. Afterwards, the wounded should see a doctor for proper treatment; this should be a priority before any more planning and negotiating are done. Workers might also want to get a hold of their doctors’ diagnosis to determine how much compensation they need.
From this point, workers might need legal representation, making a lawyer handy. Lawyers can help broach terms between the employer and employee and hopefully allow both sides to come to an agreement or compromise. It’s important to have various forms of evidence, such as physical and medical examination results and eyewitness testimonies, as these will be necessary to prove one’s worth for workers’ compensation.