Personal Injury Q & A

The information offered here is comprehensive; however, it should not be considered upon as an official estimation. There can be exceptions, based upon situations and various other factors.

Q. What is a Personal Injury Case?

A. A personal injury case is a state of affairs wherein a personal injury results either from the casualness caused by other party or an entity like a company. For example, an automobile collision, slip-and-fall hurt, use of poor quality automobile product by mistake or purposefully by some other person, medical carelessness or wicked death. 

Q. What Type of Damages does a Personal Injury Case include?

A. Types of damages to be included in a personal injury case differ as per the state in which the injury or the accident has taken place. For example, most of the states pay attention to the nature and the extent of the injury or whether it is permanent or temporary. Besides, things like overall medical expenses, physical and mental sufferings of past and future caused by the injury, scars, dislocation of bone, wage loss and death are other major things that decide the type of personal injury and its compensation.

 

Q. Can a Claimant get Compensation for the Injury, even if partly at Fault?

A. A claimant can still get the compensation even if he or she is partly at fault.  The percentage of the fault has to be calculated first in terms of monetary loss, which is then reduced by the fraction of liability that lies with the claimant. In this manner, the other party at fault needs to pay only that portion of the claimant’s losses that they are responsible for. For example, if there has been around 25% loss caused by the claimant itself, he or she can pull through 75% value of the losses from the other party at-fault.

Q. How can a Car Accident affect the Insurance premiums?

A. The insurance premium for a car accident increases if the fault is completely or partly that of the claimant. If not, then the premium rates do not increase. It should be noted that the premiums for auto insurance do not get affected by whether or not a person claims for damage reimbursement from the auto insurance provider. Similarly, the premiums are not affected by how hard the fight for claim with the insurance company is.

Q.  What if one’s family member like Spouse or a Friend is at fault for the Car accident and the Claimant don’t want to sue them?

A. There is no need to worry as such as most of the at-fault car drivers do posses an auto insurance cover. They get defended during the lawsuit and usually do not have to pay the settlement money. This way, the auto insurance company defends the lawsuit of the client and does not disrupt the lives of the people that are being sued, even if the fault is that of spouse or a friend.

Q.  Accidently, I got drawn in a Car accident and my auto insurance provider wishes to send an indemnity adjuster at my place to talk to me. What should I do?

A. First of all, it is your duty to inform the auto insurance company about the car accident. Further, when the insurance adjuster comes to meet you regarding the same to get the statement about the injuries, let the adjuster take note of everything and if needed, let him do audio recording of your discussion or simply let him document a statement to which you can sign officially. However, while doing so, let the adjuster know only about those events that the insurance company is entitled to, otherwise, whatever you say to him can get used later against you that may deny your compensation benefits.

Q. What If I Have Been Hurt Before; Can I still get Compensation?

A. There is no need to worry as the previous injuries usually do not affect ones right to have a fair settlement in the future cases to get compensation. For example, if re-injury occurs or the personal injury caused by other party aggravates, then also you are entitled to claim for the compensation.

Q. What if the Person at Fault in a Car Accident has no Auto Insurance?

A. Actually, all the drivers need to have an insurance coverage for their automobiles, however, many ignore this. In such instances, the claimant’s insurance company can provide the insurance cover, if the automobile policy supports coverage for uninsured motorist. Such complicated personal injury cases can be handled best with the assistance of an attorney who has got hands-on experience in managing delicate injury claims.

Q. Do I need an Attorney to have a Fair settlement in a Personal Injury?

A. Usually, a personal injury plaintiff needs to handle the claim with the help of an insurance adjuster. However, many people find it difficult to negotiate with an adjuster and this way, get deprived of the fair settlement. In such cases, assistance of an experienced attorney can prove beneficial as his advice can save a lot of time and the additional stress that you may have to undergo otherwise.

 Q. Will I have to go to trial for a Personal Injury?

A. In general, most of the personal injury cases can be settled before going to trial. This not only saves time but also the expenses that an insurance company is likely to incur upon the party at-fault.