|
Personal Injury tutorials and articles
 You are here: Categories » Legal » Personal Injury
Go to Page# 1
Personal injury of case when the driver is not the ownet of the car (02/02/2010) ... If Owner’s policy limits are $100,000 and Friend also has
a policy that covers excess liability, then Owner’s policy will pay its
limits of $100,000 and then Friend’s policy will pay the other
$100,000 as excess coverage.
On the other hand, in a state where the policy follows the driver,
in an accident the primary policy will be the policy held by the driver,
assuming he or she has one. Thus, in our example, in a state where the
insurance follows the driver, Friend’s policy would primarily cover
Friend’s liability. Then, depending on the law and the insurance policies,
Owner’s policy may provide excess coverage if Friend’s policy is
insufficient to cover all of the claims.
Liability for Acts of Another Driver....
Deductibles and Declarations Pages in personal injury (02/02/2010) ...
THE POLICY. When you purchase automobile insurance,
you should be provided with a written copy of your insurance
policy. This is a comprehensive document that covers
all of the details of the coverages included, such as general liability, uninsured, underinsured, med-pay, comprehensive,
collision and so on. It will carefully spell out the definition
of an “insured” (who is covered by the policy), under
what conditions the company will pay for a claim, under
what circumstances it will not pay (exclusions) and many
other details. Keep in mind that the policy usually contains
the details of all possible coverages available from the
insurance company, even ones that you did not purchase....
Personal injury Insurance Cancellation (02/02/2010) ... For example oregon law provides as follows:
742.562 Grounds for cancellation of policies; notice required;
applicability. (1) A notice of cancellation of a policy shall be
effective only if it is based on one or more of the following
reasons:
(a) Nonpayment of premium.
(b) Fraud or material misrepresentation affecting the policy or
in the presentation of a claim thereunder or violation of any of
the terms or conditions of the policy.
(c) The named insured or any operator either resident in the
same household or who customarily operates an automobile
insured under the policy has had driving privileges suspended
or revoked pursuant to law during the policy period or, if the
policy is a renewal, during its policy period or the 180 days
immediately preceding its effective date....
Insurance full coverage in case of personal injury (02/02/2010) ...
So any definition of “full coverage” is usually going to include
those two types of coverages. However, having full coverage may or
may not include other types of insurance coverages that may be available.
It may or may not include medical payments/PIP coverage, uninsured
and underinsured motorist coverage and so on.
Furthermore, you might have every type of coverage offered full
coverage in the broadest sense of the term but what are the limits of
each of those coverages? Your full coverage might not be as helpful as
you think if you have all possible types of coverages but very low
limits of each type.
My advice is that if you believe that you have “full coverage”
it might be a good idea to look over your policy and declarations
pages and talk to your insurance agent so that you know
what coverages actually make up your “full coverage” and
what the limits are of each type of coverage....
Comprehensive coverage pays for damages to your car (02/02/2010) ... And, if they have
to repossess the car because the loan payments are not made, they
want to ensure that the car is in good shape so that it can be sold for
full value and cover the loan balance.
Med-Pay/PIP
Med-pay, short for medical payments insurance, which in some
states is called PIP, short for personal injury protection, is coverage
that pays for the medical bills incurred by someone covered by your
policy (and sometimes pedestrians injured by your car) regardless of
who is at fault.
So if you are in an accident and it is entirely someone
else’s fault, your med-pay/PIP coverage will still pay for the medical
bills (and in some policies lost wages) of insureds under your policy
which for purposes of med-pay covers just about any driver or passenger
in your car caused by the accident, even though you were not at
fault. For that matter, it pays the medical bills even of someone who is
at fault. In other words, fault is irrelevant and as such it is referred to as
a type of “no-fault” coverage....
Insurance Claims in Personal Injury Cases (02/02/2010) ...
If someone else is at fault and hurts you, their general liability
policy pays for your damages and if they do not have insurance
or enough insurance, your uninsured or underinsured
coverage, if you have it, pays for your additional damages.
Again, your liability policy does not pay you only others to whom
you or another insured under your policy negligently cause damages.
Uninsured Motorist Coverage
Put simply, this is coverage that you can buy that pays you if
someone else injures you, they are at fault and they have NO insurance.
Believe it or not, despite being required by law in almost every
state, some people drive cars without any insurance at all and sometimes
they cause accidents. In that case, if you have uninsured motorist
coverage, it will pay you, up to your uninsured coverage limits, for
your medical bills, lost wages, pain and suffering, property damage
and the like....
Client rights and personal injury attorney (02/02/2010) ... You are
entitled to request and receive a written itemized bill from
your personal injury attorney at reasonable intervals. You may refuse to
enter into any fee arrangement that you find unsatisfactory.
5) You are entitled to have your questions and concerns addressed
in a prompt manner and to have your telephone
calls returned promptly.
6) You are entitled to be kept informed as to the status of
your matter and to request and receive copies of papers.
You are entitled to sufficient information to allow you to
participate meaningfully in the development of your matter....
Fees on Structured Settlements for personal injury attorney (02/02/2010) ... If the insurance
company’s investments do not pay as well as they expected, it is
their loss. The plaintiff gets their money no matter what. Only the
insurance company takes any gamble on the investments. Of course, you will want to make sure that the money is being held by a reputable
company and otherwise protected if the company goes bankrupt
at some point after the settlement.
Structured settlements are very uncommon with smaller personal
injury claims, particularly involving adults....
Paying Hourly Fees for personal injury lawyers (02/02/2010) ...
The Theory Behind Contingency Fees
Many clients have asked me over the years why contingency fees
are, in their perception, so high. They realize that most injury lawyers charge
one-third of the recovery as their fee, but they believe this is very high
and wonder why. Furthermore, clients often get particularly upset
when they perceive that their personal injury attorney took a third of their money
even if the case did not have to go to trial and even if the personal injury attorney did
not spend very many hours on their case.
I will outline for you the
explanation that I have always given to those clients and which has
usually made them feel much better about the amount of the fee.
When you hire an personal injury attorney on a contingency fee basis, that
personal injury attorney is taking a gamble on your case....
Understanding Contingency Fees for your injury lawyer (02/02/2010) ... In that arrangement,
the injury lawyer’s fee is one third of the settlement or verdict. Firms with a
lot of advertising typically will charge a one-third contingency fee. In
recent times, some firms have even increased their fees to forty percent
or even more in some situations.
On the other hand, some injury lawyers who do not advertise as much or
practice in locations with more competition may charge lower fees,
such as 25 percent or even less. This may sound enticing, but keep in
mind that a lower fee may mean a less experienced injury lawyer with less
capital to fund your case and so even a higher percentage fee may be
better in the long run if the more expensive injury lawyer gets you a higher
settlement or verdict....
State Court vs Federal Court injury cases (02/02/2010) ...” For complete diversity to apply, two
conditions must be met.
First, every party on one side of the case must be from a different
state than every party on the other side of the case. In other words,
write down all of the plaintiffs on one side of a piece of paper, along
with the state where they reside; and write down all of the defendants
on the other side, along with the state where they live. If any state is
listed on both sides, there is no complete diversity; if no state is listed
on both sides, then there is complete diversity.
It doesn’t matter if two
plaintiffs are from the same state or two defendants are from the same
state the comparison is made only between plaintiffs and defendants....
Filing the injury Complaint in the Proper Court (02/02/2010) ...
New York is a little unusual in the naming of
its courts. In most states, the supreme court is the state’s
highest court (much like the highest court in the U.S. is the
U.S....
Filing a personal injury Lawsuit (02/02/2010) ...
In other words, you may be able to go beyond the initial two
years with the discovery rule, but you can never go beyond the 10-
year maximum. This can be particularly important when considering
statutes of limitations for injured children.
The policy behind all of these time limits and extensions in certain
circumstances is to allow injured people enough time within which
to discover the injury and file a lawsuit, while at the same time limiting
the amount of time that a possible defendant has the threat of a
lawsuit hanging over his or her head.
There are various other exceptions to statutes of limitations, that
again vary by state. The most common ones include infancy and incapacity....
What are the wechanics of personal injury lawsuits (02/02/2010) ...
Then I will explore the litigation process, from the commencement
of the lawsuit through trial as well as some related issues that
will help you to better understand the process.
The first section regarding
commencement of the lawsuit explores the drafting of a complaint,
filing the complaint, serving it and answers served by the defendant.
The subsequent section deals with discovery, wherein parties
exchange information and documents pertinent to the issues of the case.
This includes written discovery tools, such as interrogatories,
requests for production of documents and requests for admissions, as
well as depositions, which involved asking questions orally of a party
or witness and recording the answers using a court reporter.
Following the discovery section, I will discuss mediation and offers
of personal injury judgment, two tools designed to encourage the settlement of
lawsuits prior to trial, are covered....
You should have valid insurance coverage to cover liability (02/02/2010) ...
The second
number usually represents the minimum amount of required general
liability insurance to pay for injuries to all persons (combined) injured
in a single accident (the per-accident limit). In other words, this is sort
of like a minimum maximum. Do not worry, this will all make sense
soon. The third number represents the minimum amount of required
liability insurance to pay for property damage caused to another by
the fault of the insured.
An example should help all of this to make sense....
How to find a good California Personal Injury Attorney (10/14/2008) ... In addition, the driver may face a jail sentence or probation from the criminal court system related to driving under the influence.
In California, personal injury law is covered by torts, which are acts of negligence or direct behavior that result in harm to another person. The main purpose of tort law is to insure that people who are injured by the acts of others are entitled to be compensated by the party who injured them, who is also referred to as a defendant.
Torts fall into three categories: intentional, negligent, and strict liability.
A California personal injury attorney may handle all three types of torts, but some may specialize only in one type....
Miami personal injury attorney hunting process (10/12/2008) ... Your attorney should have adequate support, at the firm, from office help to legal assistants and paralegals, and other firm attorneys.
What can do your Miami Personal Injury Attorney?
Damages can also include many categories, all of which need to be proven by an experienced Miami legal team. These can include emotional and personal distress, medical treatments, lost income, retraining, drug testing and rehabilitation expenses, lost savings and benefits, work loss, interference with job performance, pain and suffering, and more. Your Miami attorney can detail which of these may be included in your individual case.
Punitive damages are monetary judgments awarded because of deliberate actions by the defendant, or actions well beyond normal that caused the injury....
Contact a New Jersey personal injury lawyer (10/12/2008) ... With the help of a personal injury lawyer from New Jersey, you will be able to file a personal injury claim. The claim will outline all the specific details of your accident. Since we most vividly recall events shortly after they have happened, it's paramount that your file your claim as soon as possible. Your personal injury lawyer will also ensure that you are within the appropriate time-frame for filing a clam. If you don't contact one of the numerous New Jersey personal injury lawyers quick enough (typically within a year after the incident), they may be unable to extend a hand of assistance....
How to get a Las Vegas Personal Injury Attorney (10/12/2008) ... If they are already offering you a settlement (prior to your retainment of legal representation), it's obviously apparent that they've done something wrong and are tying to avoid a legal battle.
A Las Vegas personal injury attorney will be able to obtain a much larger settlement. Thus, refuse to accept any settlements from the responsible party and veer away from any paperwork they may ask you sign. Doing any of the above could significantly jeopardize your personal injury case.
Your personal injury attorney from Las Vegas
The first rule in searching for a personal injury attorney is to act as immediately as possible....
Miami Personal Injury Lawyers can have devastating consequences (10/12/2008) ... However, personal injury can also result from damage to an individual's property or an individual's character. For example, wrongly denying someone his or her liberty could be considered a personal injury. In order to prove that the defendant is responsible for the injuries received, Miami personal injury lawyers will need to show that the defendant had a duty to exercise reasonable care. It will also need to be shown that the accident was both a foreseeable and avoidable consequence of failure to exercise reasonable care. In a case of negligence, it must be shown that the act of negligence was the proximate cause of the injuries received....
A Chicago personal injury lawyer can assist you (10/12/2008) ...
A personal injury is an action in which physical or psychological harm has occurred
You may be wondering, what is a personal injury? A personal injury is an action in which physical or psychological harm has occurred via either an accident or negligence. According to Chicago personal injury lawyers, here are the most common personal injury claims.
Traffic accidents
Accidents at work
Falling or tripping accidents
Defective product accidents
Traffic accidents could be the most common personal injury cases. Traffic accidents happen every day, many involving serious injuries. A personal injury lawyer can assist in getting reimbursement for those injuries....
Personal injury lawsuits in New Jersey are a common form of suit (10/11/2008) ... As the vast majority of personal injury cases are conducted on contingency, meaning that the lawyer is paid only if he or she successfully wins the case.
Personal injury lawsuits are a common form of suit
As such, many less than moral lawyers seek to dreg up as many potential personal injury lawsuits as possible and bombard the courts with them, knowing that every now and then a few will succede and the lawyer will receive a large payoff. The huge payments involved in some of these successful cases has led to calls of tort reform, and such lawyers impede the process of persons with much more legitimate personal injury complaints.
To avoid such frivolous, greedy lawyers, people looking for a New Jersey personal injury attorney should contact their local bar association and ask about personal injury lawyers in the area. While many persons specialize in personal injury law, it may be best to go with a more reputable agency with a reputation for winning and persons who understand personal injury law....
Experienced New York personal injury lawyers (10/11/2008) ...
Personal injury lawyers in New York can assist victims in obtaining the monetary compensation
The responsible party could be an individual or an organization or business. The acts that cause personal injuries are generally considered to be foreseeable or avoidable. If the party responsible for the injury had exercised reasonable care, the injuries may have been avoided. When injuries result due to a violation of law, punitive damages may be sought along with monetary compensation.
Some of the common reasons for personal injury include: motor vehicle accidents; slip and fall accidents; defective products; medical malpractice; animal bites; and construction site accidents....
Chicago personal injury attorneys will work on consignment (10/11/2008) ...
Finding a good Chicago personal injury attorney
These persons routinely let legitimate complaints fail and will leave their client holding the bag should they be shut down or rejected by the court. The client may even lose his or her ability to sue a second time with a better lawyer even if he or she has a genuine complaint. It is thus important to select a Chicago personal injury attorney who is dedicated to following up genuine complaints and will do the hard work and essential research to ensure the case proceeds properly.
A good way to find such a legitimate Chicago personal injury attorney is to go to the Chicago Bar organization. They keep tabs on any and all lawyers within the city of Chicago and some of the surrounding areas, and will help clients find a lawyer who meets their needs....
How to find a good New York personal injury attorney (10/11/2008) ... While many work on a contingency basis and will not charge the victim should the suit fail to succeed, this is not necessarily an indication that the attorney has the client's best interests at heart, nor that they are competent.
To find a good New York personal injury attorney, it is important to examine their record and background.
While most New York personal injury attorneys specialize in personal injury and do not concern themselves with other areas of law, in certain cases it may be wiser to seek a legal office as opposed to a specialist. Those cases include cases that may involve more than just personal injury, such as improper workplace safety or deliberate negligence. However, if a New Yorker finds that the injury is truly simply the result of a single event of negligence or accident and that they need only to recoup costs of medical bills and compensate for their injury, a specialist in the realm of personal injury is best....
Looking for Las Vegas personal injury lawyers (10/10/2008) ...
While a personal injury lawyer has a knowledge and capability to practice all law, they usually limit their cases to only personal injury cases. Some even further limit the cases they take on to a specific area of personal injury. For ex: some lawyers will only take medical negligence cases. Others may only take auto personal injury cases. However, a lawyer can become a certified specialist in the personal injury field....
Go to Page# 1
Page title and description
Title:
Personal Injury articles
Description:
Personal Injury articles and tutorials. Read, learn and get information or submit Personal Injury articles for fast inclusion and publication online.
|
|
Other Legal articles |