Indiana Personal Injury Lawyer

Claiming Damages for Auto Accident Injuries

Oct 112011

When you are involved in an accident, and suffer injuries in it, Florida injury law provides you the right to claim recovery of damages. The question is – which damages are recoverable after an auto accident? To understand the details of this, you need advice from a competent auto accident lawyer.

Compensatory damages are the payments a victim gets for two things –

Economic losses – like medical expenses, rehabilitation costs, wage loss and so on

Non-economic losses – like physical and mental pain and suffering

Apart from these, the victim may be eligible for punitive or exemplary damages. The court decides this to penalize the liable party for the negligence. Suppose an intoxicated driver hits and injures you. In such a case, the court may order the intoxicated driver to award additional damages as a deterrent to any such activities.

Comparative fault may make it difficult to recover damages in such a case. Any fault of the victim for the accident reduces the amount of damage recovery possible in such a claim. The Florida auto accident lawyer working on your case needs to understand the implication of this directive, and prepare the case accordingly.

Getting immediate help from a lawyer is necessary to preserve your rights and work towards achieving a fair and adequate compensation for your damages.

6 Don’ts of Filing a Personal Injury Lawsuit

News & Articles, Personal Injuries, Personal Injury Information 2 Responses »

Oct 072011

So, you’ve been involved in an accident and want to file a personal injury lawsuit? Wait just a second, here. Before finding an accident attorney and filing a case, there are several questions you should ask yourself to determine if your case has a chance in court.

How long ago did your accident happen? Do you have evidence of your injuries? Were there witnesses to the accident? The answers to each of these questions will play a role in whether or not your case will hold up in court.

If you do decide to go ahead with it, the first thing you’ll want to do is find a good personal injury lawyer. Don’t just go with anyone – find someone who has experience in the field and has worked with a variety of clients. They’ll know just what to look for, the evidence they need to collect, and more.

The following paragraphs talk about the “don’ts” of filing a personal injury lawsuit, so friends, take heed:

DON’T think you can file at any time – All states have a statute of limitations that determines how long you have to file your case. This is useful if your accident happened a few months ago but you didn’t start feeling the symptoms until recently. Check your state’s laws – some give you as long as five years, others just one.

DON’T assume all laws are the same – Each state has a different set of laws surrounding personal injury cases. Some even have “no fault” clauses that mean you won’t get a settlement for minor injuries – they must be what the law defines as serious.

DON’T sit back and relax, assuming your lawyer will take care of it – Although your lawyer is the most knowledgeable person when it comes to your state laws, don’t assume you can just sit back and relax. There are several pieces of information you need to gather:

Witness information – Was their anyone at the scene who may have seen what happened? Contact them and write down their name, contact information, and their testimonial of what happened.

Medical records and bills – Keep a file of all your medical bills (prescription receipts, hospital bills, chiropractic bills, etc.)

A journal of symptoms – What’s better than witness testimonials? Your first-hand experience. Keep a journal of how you feel each day, what your symptoms are, and any activities you missed due to your injuries. The more specific the better. For example: “I missed my son’s baseball game because my lower back hurt so much, I couldn’t stand up for more than 10 minutes at a time” is a much better record than, “My back hurt so I didn’t go to work on Tuesday.”

Each of these things is very important when filing a personal injury lawsuit. Keeping them top-of-mind, as well as finding a great lawyer, will help you get the settlement you deserve.

7 Things You Should NEVER Do During a Personal Injury Case

Personal Injuries, Personal Injury Information No Responses »

Oct 062011

If you find yourself involved in a personal injury case, there are many things you need to know to help protect your rights and ensure you get the settlement you deserve from a skilled accident attorney. And, no matter who is at fault, there are certain things you should never do.

There are likely many questions circling in your head – Who can help me? Is it okay to talk with friends about my case? Do I need to gather evidence, or will the insurance companies take care of it? Don’t worry, my friends. We’ve got you covered. All of these answers and more can be found below in our list of things you should never do if involved in a PI case.

Don’t assume someone else will gather the evidence – If there is any evidence to back up your story, find it; don’t assume your lawyer or the insurance companies will do it for you. And, even if they do, it’s always best to have more than you need rather than less. You should always do the following:

Take photos of the scene of the accident. If you were injured in a car accident, take photos of your injuries, the damage to the car, the current weather conditions, and even the pavement. Look especially for moisture or tire tracks that may help give more insight into your story.
Journal about your injuries. If you’re experiencing recurring pain from the accident, be sure to journal about this daily. Be specific in how your body feels, how long the symptoms last, and note if you missed out on any activities due to your pain. For example: “I missed my daughter’s piano recital because my back was in too much pain – I couldn’t get out of bed.”
Record witnesses – If there was anyone nearby your accident who can help fill in the details of what happened, ask them. Write down their name, contact information, and what they saw. Their testimony could later be used in court.

Don’t talk about your accident – The opposing side’s insurance company is out to find out as much as they can about you and your accident, and exactly what happened that day. Personal Injury lawyers recommend you don’t talk to friends or coworkers about what’s happened to you. Why? It’s a small world – you never know who knows who.

Don’t talk to insurance companies without first talking to your lawyer – As mentioned above, the opposing side’s insurance company will try to prove you’re at fault instead of their client. The more information they can gather from you the better. So, if they call you before you’ve had a chance to consult with your lawyer, politely decline and say, “I’ve been advised not to answer your questions at this time.”

Don’t play off your injuries – Your doctor needs to know exactly what happened to you in order to best diagnose and treat you. Now’s not the time to be macho and pretend you’re much stronger than you are. It’s very important (for both your health and settlement amount) that you get fully healed during this time.

These are just a few of the many tips for making it through a personal injury case. Each of them can help you take great strides toward the settlement you deserve.