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Personal Injury Outline
Forman, Corcoran, Clark & Associates, P.A. prides itself on its effective handling of personal injury cases. The following outlines the elements necessary to establish a successful personal injury claim and provide some important pointers and commonly asked questions.
Personal Injury Cases/Claim
1. Liability and Damages – Personal injury claims must satisfy two elements:
* First, you and your lawyer must establish the negligence/liability or legal fault or responsibility of the other party or parties. Remember – you must establish liability in order to get to the issue of damages.
* Second, you and your lawyer must establish and prepare evidence on your damages and losses and how they were caused by the fault of the other party or parties.
2. Damages and Losses recognized by the law include: medical expenses, lost wages and lost earning capacity, pain and suffering, disfigurement, emotional distress and anguish, loss of enjoyment of life and spousal loss of consortium.
3. Insurance Coverage – Identifying what insurance coverages exists and the types and amounts of coverage relating to, and covering, each responsible party is very important.
4. Types of Personal Injury Claims:
* Auto / Motorcycle / Pedestrian / Bicycle
* Premises Liability / Slip and Fall / Snow and Ice
* Product Liability
* Medical Malpractice / Professional Malpractice
* Wrongful Death
* Dog Bites
Important Pointers
1. It is very important to obtain legal representation as soon as possible. The insurance companies know the importance of getting out to the accident scene and contacting the injured person and witnesses as soon as possible. You should get legal representation to protect your interests and to begin preserving evidence and developing your case.
2. A review of all applicable insurance coverages, including your own, is very important. For example, uninsured/underinsured motorist coverage and medical payments coverage are two very inexpensive coverages that most people have in their own automobile and/or homeowner’s policies that often go unrecognized and/or unexplored. These coverages can be of great assistance and value. This means that even if the person responsible for injuring you did not have enough insurance to pay for your injuries, your own insurance may cover your claim.
3. Doctors’ written statements and office notes are very important to establish the necessary “causal relationship” between the personal injury occurrence and the damages and losses claimed. If you treat with a doctor, you should not overstate, or understate, your injuries. Rather, you should tell your doctor exactly how you are feeling at each visit and how your injury has affected your life.
4. Obtaining any police reports and the names and addresses of any and all witnesses is important to establish liability.
5. The insurance company of a potential defendant will often seek to obtain a recorded statement concerning your injury and losses, especially in automobile and slip and fall cases. Beware of providing a recorded statement to an insurer who is representing a potential defendant because it may later be used against you. Because you have an obligation to cooperate with your insurance company (if you have insurance) you can provide your insurance company with a recorded statement. However, you should make sure that you are not on any medication when you do so and that you have a firm grasp of the facts concerning the issue of liability and your injuries and losses.
Commonly Asked Questions
1. How do I know I have a personal injury claim? If you have suffered an injury (physical, financial or otherwise) due to the negligence/liability of another person or entity you may have a claim.
2. When should I report my injury? You should report your injury as soon as possible. This will ensure timely notice to all responsible parties as well as to your insurance company and to the insurance company of any person or entity potentially responsible for your injuries.
3. How long do I have to make a claim or bring a lawsuit? Subject to few exceptions, in New Hampshire you have three (3) years from the date of an injury to file a lawsuit. In Maine, you have six (6) years from the date of an injury to bring a lawsuit. In Massachusetts, you have three (3) years from the date of an injury to bring a lawsuit.
4. Who will pay my medical bills? If you have health insurance, they will cover your bills and will then likely make a claim (subrogation claim) against your personal injury case to recover the amounts paid. In addition, many automobile insurance policies have medical payments coverage which may be available to pay some of your medical bills. In New Hampshire, if an insurance company pays medical bills out of medical payments coverage, they cannot make a subrogation claim for those benefits.
In the event you do not have health insurance, it is possible to work with medical providers to get them to stay any collection proceedings against you on the basis that you will pay the outstanding medical bills out of any personal injury settlement.
5. What if I am in a car accident and I don’t know the identity of the drive of the other vehicle or the other drives does not have insurance? If you have automobile insurance, you may be entitled to uninsured/underinsured motorist coverage which presents a situation where your insurance company essentially insures the uninsured or, in some cases, the unknown vehicle or driver.
6. Can I sue my employer for an injury I sustained while at work? Generally, no. In New Hampshire direct claims against employers for on the job injuries are prohibited. If you work for a subcontractor, however, and depending on the circumstances of your injury, you may be able to bring a claim against another contractor, the general contractor or the owner of the property.
7. What can I recover? Generally, you can recover any damages you have suffered such as lost wages, medical bills, loss of potential income, property damages and pain and suffering.
8. How long will my case take? That depends on the extent of your injuries. You never want to settle your case or go to trial unless you have completed all of the medical treatment prescribed by your doctor(s).
9. Can I have a workers’ compensation case and personal injury cases at the same time? Yes. The two most common situations are construction cases and automobile accidents. You cannot, however, get a double recovery. Essentially what this means is that if workers’ compensation paid you benefits and you in turn collect from a third party, workers’ compensation will want money back.
10. How does the lawyer get paid? Generally, a lawyer handling a personal injury case gets paid on a contingent fee basis (typically 33-1/3% of the total recovery plus any expenses incurred by the lawyer) when the personal injury case is settled. You have the option to choose to pay the lawyer on an hourly fee basis. However, the contingent fee is the more often selected method of payment.
11. Do I need an attorney? Whether you choose to use an attorney is a personal choice. Individuals may seek legal counsel or represent themselves. One point you should consider is that the insurance company and the adjuster you are dealing with handle claims like yours every day so be assured they know exactly what they are doing. Personal injury case can be, or become, complicated. Therefore, it would be wise to at least consult with an attorney.
You should
never expect less!
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