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Posts tagged with 'compensation'

Demystifying the Personal Injury Insurance Claim Process

When people suffer an injury because of a car accident, slip and fall, or anything else, they commonly have to file an insurance claim before they can be compensated for their loss. The insurance claim process is relatively straightforward, but because so few people have experience with it, it can seem quite intimidating. This is doubly true if you are suffering financially or are facing debilitating injuries.

To better explain the insurance claim process, let’s take a look at one of the more common situations in which people might have to file an insurance claim; the automobile accident.

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Common Terminology in Personal Injury Cases – Part 2

Suffering a personal injury is not something any of us want to experience. If you find yourself in a situation where you’ve been harmed by someone else and need to file a personal injury lawsuit, you can help make the process a lot easier by doing some basic research. Previously we looked at some common terminology that many people encounter during the personal injury lawsuit process. In this follow-up post, we’re going to take a look at some more terms you might come across that you might otherwise not be very familiar with.

Personal Injury Legal Terms

Affidavit. An affidavit is a document that contains a written statement of facts. The person making the affidavit and stating the facts it contains is known as an affiant. In order to make an affidavit, you have to make your written statement of facts under oath or affirmation that they are true. You typically do this in the presence of a licensed public notary. Affidavits can contain almost any facts relevant to your case, and can be made by almost anyone as long as that person is a mentally capable adult.

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The personal injury lawsuit process is complicated, time-consuming, and, to people who have little background in the law, often difficult to understand. Lawyers and legal professionals use a lot of terms that many people don’t encounter in their daily lives. Though these terms have specific meanings and allow attorneys to be precise when they speak, that doesn’t exactly make it easier for their clients and non-legal professionals to be able to easily follow along.

Because most people don’t have a legal background and don’t have a good grasp of the legal terminology involved in their personal injury case, it can be useful to take a little time to become more familiar with some of the terms you might come across.

Personal Injury Legal Terms

Complaint. A complaint is a lawsuit. When you want to file a personal injury complaint, you file documents with a court clerk, pay a filing fee, and then begin the lawsuit process. (Depending on the state in which you live, your complaint might also be known as a petition, or by some other term.) The complaint will contain specific information, such as allegations about what happened, a demand for compensation, and a request to go to trial.

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Bar Fights, Personal Injuries, and Security

When it comes to going out and having a good time at the local bar, club, or restaurant, most people don’t worry about the possibility that they might end up getting hurt as a result of a fight or physical confrontation. But the reality is that these types of situations are fairly common, and thousands of people suffer injuries every year as a result of assaults that take place in public places.

If you are injured in a bar fight, what are your legal rights? Though the answer to this question is somewhat complicated, let’s take a look at some of the issues this question involves.

Risk, Security, and Personal Injury Liability

The combination of large crowds, music, entertainment, and alcohol that bars, clubs, and restaurants provide is something that a lot of people enjoy, but it’s also something that can be a recipe for unruly and violent behavior. Even if you only go out to have a good time, don’t get drunk, and don’t act inappropriately. You can suffer serious harm if someone else decides to start a fight.

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What is a Statute of Limitations?

In personal injury cases, people who have suffered an injury must act quickly to protect their interest because of laws known as statutes of limitations. If you ever speak to a personal injury attorney about your case, your attorney will tell you that your time to take action is limited. Every state has a statute of limitations that requires you to file your lawsuit within a specific amount of time. If you fail to act before time is up, you will be prevented from recovering compensation for your injuries.

Statutes of Limitations in Personal Injury Cases

Every state has laws that limit when people can take various legal actions. These laws are generally referred to as statutes of limitations. For example, if you speed down the highway, there is a limited amount of time in which the state can charge you with a traffic offense. Depending on the state in which you live, this amount of time can differ significantly. Similarly, if you suffer an injury you have a limited amount of time in which you can file a lawsuit.

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How to Decide if It’s Time to Sue

When someone is hurt or suffers an injury, it’s natural to wonder if filing a lawsuit is appropriate. While this might seem like an easy question to answer, it’s often more complicated than many people realize. The decision to file a lawsuit is something you should only make after careful consideration of all the relevant issues. It’s also something that you should only do after speaking to a local attorney who has experience in handling cases such as yours. If you’ve been injured and are considering filing a lawsuit, here are some questions you should think about.

Were you seriously injured?

Many of the harms we suffer in our day-to-day lives do not rise to the level of a lawsuit. For example, you might not like the way your boss treats you, or might be offended at something you hear someone say, but that doesn’t necessarily mean you should file a lawsuit.

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3 Crucial Differences in Personal Injury Laws Between States

One of the reasons why personal injury cases can be so complicated is because there are significant differences between state laws. Every state has its own laws that apply to personal injury cases. There are crucial differences in how these laws work, and what they mean for people who have been injured.

Statutes of Limitations: State Personal Injury Law

The amount of time you have to file a personal injury lawsuit is limited. Every state has a statute of limitations that creates a type of legal ticking clock. Once you have been injured, that clock begins counting down. Unless you act before that clock reaches zero, you are prevented from filing a lawsuit.

The amount of time you have differs significantly depending on the state in which you live. In some states you might have as long as six years to file a personal injury lawsuit, while in other states you could be limited to a single year.

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What is Tort Reform?

Though a lot of people might have heard the term “tort reform,” many don’t have a good idea of what it really is. Tort reform has been a popular term in recent years, and is regularly popping up in news stories and political discussions. To get a better idea of what tort reform is and how it might affect you, here are some basic questions about it.

What is a tort?

A tort is a wrongdoing under the law. A tort is a type of harm or injury that the law allows someone to recover. Torts do not typically arise out of agreements or contracts made between people, but rather out of injuries or harms people do to one another.

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Drowsy Driving: Dangerous, Deadly, and Difficult to Identify

According to the Department of Energy, the average car in the United States tips the scales at just over 2 tons. That’s 4,000 pounds of metal, rubber, and gasoline hurtling down the nation’s roadways and highways. Under the best of circumstances, operating a vehicle is the most dangerous thing the average person does on a daily basis. When people operate a vehicle while drowsy, the danger increases dramatically.

Under Reported Drowsy Driver Car Accidents

The National Highway Traffic Safety Administration (NHTSA) reports that, even though drowsy driving is difficult to identify as the cause of car crashes in many situations, at least 40,000 people are injured every year as the result of drowsing driving, while another 1,550 are killed.

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Drug Interactions a Serious Health Concern

We live in an age where medical and pharmaceutical research is something we take for granted. The medical procedures and medications we rely on to maintain and improve our health are often seen as safe, reliable and easy to obtain. Yet these advances in medical technology do not come without risks, especially when we take two or more types of drugs. The risk of drugs interacting with one another to cause negative, and potentially deadly, side effects is a very real one, and one that leads to a shockingly high number of deaths and injuries each year.

Prescription Drug Interactions Deadlier Than Car Crashes

About 34,000 people die every year as the result of automobile crashes, while more than 2 million people sustain injuries. Meanwhile, the Food and Drug Administration reports that adverse drug reactions, or ADRs, are responsible for killing nearly three times as many people as those killed in car crashes. The FDA reports that about 100,000 people die from ADRs each year, while another 2 million suffer serious complications.

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