You are out for a casual drive and suddenly, out of no where, another car crashes into your vehicle. You find yourself hurt and now facing skyrocketing medical bills while you try to recover from the accident.
You lose valuable work time and the bills keep piling up. Your injury shakes the foundation of your lifestyle. This is the time when a personal injury attorney and the law come in to help you in your time of need.
It is not about making millions of dollars off of a negligent driver. It is about receiving the compensation that you need in order to get back on your feet and your bills paid while you recover.
In this article we will discuss how personal injuries can be compensated and what the law allows for. It may be just the thing you need in order to find the help you deserve.
What is personal injury?
Personal injury is anytime that a person is injured. In the case of laws, it refers to injury that occurs as a result of someone else's negligence. A good example is an auto accident. One driver crashes into another driver or pedestrian.
The person injured has suffered a personal injury that is the responsibility of the at-fault driver. Injuries can also happen as a result of a manufacturer failing to produce a product that is safe for consumers.
Injuries happen every day that are the result of someone else's negligence. There must be laws that protect those that are injured so that they can receive some sort of compensation for the bills or damage that occurs.
When do I need the services of a personal injury lawyer?
If you have been injured because of someone else's negligence, you need a personal injury lawyer right away. From the moment the accident occurred until it reaches a settlement, you need to know the proper way to document everything that has occurred.
If you have had to take off from work, you need to document the loss of wages. A lawyer that is familiar with personal injury claims will be able to guide you through the process step-by-step. This way there can be no doubt about your injury, pain and suffering or medical bills once it reaches a court.
If you were to try to do it all yourself, you could wind up losing your case and being stuck with all of the bills. The benefit of using a personal injury lawyer is that many now work on a "no win no fee" basis. That means that if they do not win your case, you do not have to pay them a dime.
Is wrongful death covered under a personal injury claim?
Yes, wrongful death is considered a personal injury claim. But instead of the person who was injured filing the claim, you as the family will be filing the claim. You will often see wrongful death cases associated with medical malpractice.
This means that the doctor, hospital or nurse did not follow standard procedure and as a result death occurred. These types of claims can be difficult because you have to prove that the other person is at fault for not following procedure.
Luckily all medical procedures and medicines are well documented in a patient's chart. Your attorney will have to obtain a copy of the medical records and have another medical professional review them to see if negligence was involved.
What happens if the other party does not carry insurance?
If the other party does not have any insurance, you have to take them to civil court. The judge will have to look at their income and their assets. If they have substantial assets you may be awarded a monetary sum of these assets.
If the other person has nothing, you will most likely receive nothing. If they cannot afford to pay for your medical bills and the judge has ruled in your favor, the other party may have to make payment arrangements through the court so that your bills get paid.