Saturday, June 11, 2011

A Quick Reference To Personal Injury Claims

By Adriana Noton


When a person fails to use reasonable care, and another person is injured, then a personal injury case develops. To legally prove personal injury, the person causing the accident has to have a legal responsibility not to injure the other person. The injury, in order to be proven, has to be directly caused by the negligence of the other person.

Injured parties should know several facts about insurance claims. Insurance companies, for example, may not refuse to pay because of a condition that may have existed before the accident. Also, insurance companies may not refuse to pay bills simply because a vehicle had minimal damage. Damage to a person's body may be significant, even if there is little damage to the vehicle.

Insurance companies are responsible for several accident-related costs. Companies should pay for all related medical bills, as well as for out-of-pocket costs. Out-of-pocket costs may include transportation to doctor's appointments, or to therapy, or compensation for any time that the injured party was out of work. Insurance companies are also responsible for general damages, and pain and suffering.

Communication with insurance companies should be undertaken with caution. The insurance adjuster, no matter how nice he or she may seem, always works for the company, not for the victim. Therefore, communication with the company should always take place in writing, for the victim's protection. Also, victims should know their state's statute of limitations, as well as knowing procedures specific to their state.

Hiring an attorney can be wise under certain circumstances. In general, if an injured person is dissatisfied with the way that a claim is being handled, then he or she should seek representation. If the victim is seriously injured, or if the at-fault party was uninsured or under-insured, then seeking an attorney is a good idea. Additionally, if the insurance provider is disputing which party was at-fault, then the victim should retain an attorney.

Good attorneys may be found in different ways. Referrals from another attorney, or from family and friends, are often great resources for finding a good lawyer. Attorneys may also be found by checking memberships with the state trial lawyer's association, or with the American Association for Justice. Additionally, plaintiffs should always consult the state bar association, to ensure that an attorney has good standing.

Victims should trust their gut instinct if considering an attorney who advertises. If the advertising is neither helpful, nor tasteful, then the attorney should be dropped from consideration. More information about specific attorneys may be found from brochures or promotional references, in the online archives of local newspapers, or from publications in print or on the internet.

The convoluted language of insurance, along with the aggressive tactics of insurance adjusters, may be overwhelming for an injured person. Victims of personal injury should take precautions when dealing with an insurance company, and should seek representation when warranted. Finding a good attorney is important, and victims should do careful research in order to find the right Civil Lawyer Brampton.




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