Securing a Product Liability Insurance Claim

As the ones who paid for a product, consumers have the right to be satisfied with their purchase and to be safe from any harm resulting from the product’s poor quality. Any defective product—be it a mobile phone, a game console or a pair of basketball shoes—is a ground for insurance lawsuits if damages are not paid. The liability of any manufacturer or distributor to compensate a buyer for injuries caused by their products is called product liability. Continue reading

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Determining “At Fault” In Car Accidents

When large settlements are involved, car accident claims can become complicated. The biggest challenge in the work is determining who is at fault.

In one car accident case that occurred in Elk Grove, for instance, the party at fault pays the claims of the other party through an insurance company, through California’s “fault” laws. However, determining the party at fault can be a highly contentious issue. Elk grove personal injury attorneys can help prove or disprove the fault of the party in question.

In some cases, the insurance company can be “at fault” if it does not pay the claims in full. One example is the Katie Fisher case in 2010 where Fisher died in a car accident.

As reported by Julianne Pepitone on CNN Money, Progressive Insurance deemed Katie at fault for the accident and agreed to pay only $25,000 of the $100,000 claim amount Katie’s family was seeking.

As expected, the Fisher family disagreed and later sued Progressive and the underinsured driver involved in Katie’s accident. The court eventually ruled in Katie’s favor and ordered Progressive to pay not only the accident claims, but also an additional settlement for “their failure to exercise good faith towards their insured.”

Tips to Avoid Weakening Personal Injury Claims

More than two million Americans are injured in car accidents every year, according to the National Highway Traffic Safety Administration. Sadly, a large number of people injured in these cases are innocent: responsible motorists, bicycle riders, and pedestrians. As a car accident can cause various types of physical, emotional, and psychological damage, lawyers from established law firms consider it as a personal injury case.

There are things to be done to make an effective personal injury claim. These include keeping a copy of insurance information in your car and a camera for proper documentation. Neglecting to follow the following advice can substantially weaken a personal injury case, reducing the chances of being properly compensated.

Drivers should avoid saying “I’m sorry.” This could be interpreted as admission of guilt. Unfortunately, these words can easily slip off one’s tongue during a frantic situation; hence, motorists should pay close attention to the words they say after an accident. It would serve them well to not say anything or talk to anyone without consulting a lawyer first.

On the other hand, when the other party involved in the crash asks for information such as insurance details, a driver should provide accurate answers. Refusing to respond to these requests or providing false information is tantamount to certain legal charges. The claimant can support and strengthen a claim through the expertise of a personal injury lawyer.

Common Types of Personal Injury Claims

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.

Filing Personal Injury Claims

When you talk about personal injury, the first thing that usually comes to mind is a vehicular accident. This can involve cars, motorcycles, trucks, and heavy equipment. However, a personal injury can also be the result of a faulty product or medical malpractice caused by wrong diagnosis or treatment of health providers. It can also be due to harmful drugs or flawed devices from various manufacturers that can cause personal injury.

Other cases include injuries to the elderly arising from neglect or abuse by caretakers in nursing homes. In all these and other similar cases, you can file claims for personal injury. To make sure that you optimize your chances of successfully winning just compensation, however, hire a personal injury lawyer. Otherwise, you may have to settle for something less than adequate to meet your financial and medical needs.

Remember that in filing a personal injury claim, there can be many obstacles along the way. First you need proper documentation, especially with regard to your medical expenses and physical condition, to justify your claim. Second, you’ll be facing experienced negotiators like insurance adjusters who are tasked to lower settlement amounts.

Without the assistance of a competent personal injury attorney, you’ll be like a lamb to wolves. Protect your rights when you have a personal injury claim by hiring legal representation as soon as possible.

The Financial Side to an Accident

Getting over an accident is difficult. No matter how much you sugar-coat the situation, the accident is likely to cause some trauma, especially if it has led to necessary changes in your lifestyle. Some injuries, for example, can be so severe that they cause disfigurement or, worse, lead to permanent disability.

While overcoming the situation is going to be a personal journey that only a few friends and loved ones could help ease, other people may still provide assistance in other forms. Personal injury attorneys, for instance, can help you get compensation from the case, especially if the accident had been caused by someone else’s negligence.

As a working class citizen, you put bread on the table for your family. It only takes one accident to change all that. Personal injury attorneys can help you cope with the financial side of things by helping you get compensated for the many medical bills, medicine, rehabilitation, and other expenses that you have incurred because of the incident, whether the disability is temporary or permanent.

Medical expenses could easily build up, and while you’re trying to find a new source of income, getting compensated for your expenses as well as recovering lost income is going to be a big help.

Filing a Claim with a Personal Injury Attorney

Victims who’ve suffered accidents have many concerns to deal with. Aside from physical pain resulting from the accident and financial concerns arising from medical bills, victims also need to consider if they can file a claim, and whether their claim will hold up in a court of law. Fortunately, plaintiffs do not need to handle these concerns alone, as they can seek the assistance of legal professionals such as personal injury attorneys. 

To ease their concerns, plaintiffs need to approach knowledgeable and experienced personal injury attorneys who have years of experience defending plaintiffs in personal injury cases. Make sure that the lawyer you choose specializes in the personal injury you have suffered to ensure proper representation. 

Initial consultations with personal injury lawyers are usually free. These lawyers will carefully assess your situation, and will gather all the facts to determine if you have a case. Moreover, a reputable personal injury attorney will willingly answer your questions, and will guide you throughout every step of the process. 

Your lawyer will assist you with evidence-gathering, which is a crucial aspect of the case, as you’ll need to prove that the other party’s negligence resulted in your injury. As the defendant’s insurance adjuster will try their best to limit the compensation you’ll receive, your personal injury lawyer will protect your rights and defend you, ensuring that you receive the full compensation you need and deserve.