Wednesday, July 23, 2008

Personal Injury Lawyer - Do We Need Them?

Submitted By: Mumtaz Shah

Following an accident you'll hear a person say that they don't need to see a personal injury lawyer, TOO expensive! In this article we will set out for you some reasons why NOT seeking, at minimum, a consultation with an accident lawyer could end up costing you a lot of money!

More often than not, regardless of whether you caused the accident or are its victim, if you do not seek a consultation with an accident lawyer as soon as possible after the accident you may well end up regretting your decision. The overriding reasons for saying this are two-fold:

• the insurance company you will be making your claim against are trying to minimise their losses; and

• you most probably don't know what you're entitled to.

As A Victim Of An Accident

Let's assume you are the victim of an unfortunate accident. Let's further assume that your insurance company has come through and has agreed to pay all your medical bills. Now, you may well be feeling that your insurance company are the good guys and you don't need a lawyer's advice. Wrong!

What's happened is nothing less than what the insurance company is obligated to do under the terms and conditions of your accident policy. Moreover, the insurance company is hoping to play on the fact that you feel somewhat indebted to their generosity.

Profitability

That way, they hope, you'll not bring about a bigger claim for what you are rightly entitled to. In the long run that means that they don't have quiet as big an insurance claim loss and they can still make a profit from your policy.

In short, they are protecting their financial wellbeing at the cost of your entitlement rights. But, unless you have spoken to a personal injury lawyer you'll not know this and you'll feel that everything is fine.

So, the next time you are in an car accident or accident, ask yourself this question: 'Is my insurance company interested in protecting me and my rights, or are they more concerned with paying a dividend to their shareholders?'

Non-Profitability

On the other hand, a professional compensation lawyer is normally an ethical impartial third party who knows what your rights are. Aside from possibly being paid a fee, not from or by you, he's also likely to have another job to help a victim better than its' insurance company, (and, keep in mind, if any court proceedings occur, these fees are reclaimed from the opponent side).

So, why shouldn't they tell you the truth about what accident compensation you are entitled to? What's more, even if he does have a financial interest in your case, surely the better compensated you are, the better compensated he is?

As such, if anything, he has even more interest in making sure that you know exactly what your rights are and of making sure that you claim for those rights according to what you are entitled to.

Looked at it like this, it not too difficult to see who the interested party is and who the independent party is. Now ask yourself: 'Do you want to take advice from someone who is interested in minimising your claim, or someone who is interested in maximising it?'

Cause Of An Accident

Now let's look at it from the point of view of, you being the person at fault in the accident. You may well feel that you have nothing to fear, as your insurance company will pay for the damage done. You may even find that initially your insurance company agrees with this. But why...?

Unless you see an accident lawyer as soon as possible after the accident you'll never know. Why? Are you 100% sure that it was your fault...?

Being Polite

The insurance company has to be polite, you're their customer! However, once the claim is over and you're thrilled with their service, you're definitely going to renew your policy. But the extra couple of hundred they ask for will justify the accident? 'Sir/ma'am, you had an accident and your premium has increased!'

Knowing exactly what your rights or obligations are after an accident can be extremely tricky. In most cases it will depend on what happened to cause the accident in the first place.

As such, seeking the advice of a compensation lawyer as soon as you can following an personal injury is the only independent way you can really determine and know exactly what you are entitled to or what you may be liable for arising from the accident.

About the Author:
It's easy to proceed with a compensation claim and gain maximum results without the hassle or costs. Discover the 12 revolutions of using personal injury lawyers at http://www.100percent-compensation.co.uk/articles/personal-injury-lawyer.html

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Personal Injury Lawyer - Do We Need Them?

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Thursday, July 17, 2008

When Do You Need A Personal Injury Lawyer

Submitted By: Keith George

Personal injury lawyers are lawyers who deal in personal injury cases. Personal injury comes under the ambit of law of torts in the US. The name tort is derived from the French word tort, which means wrong.

Personal injury is a term applied to any damage or harm done to a person’s body, reputation, rights or property. Personal injury can be filed under both civil and criminal law suits depending upon the details of the case.

Personal injury includes, dog bites, motor accidents, wrongful death, product liability, medical malpractice, sexual harassment, emotional duress, bodily harm, damage to reputation, nuisance etc. The person suffering the injury may be able to recover damages from the person/company causing the injury. Damages are financial compensation for loss of income, disability, loss of love and affection, emotional distress, pain etc.

The law of torts is divided into 4 categories: intentional torts, negligence, strict liability and nuisance.

Intentional torts are those torts that are committed by the wrong doer purposely. It includes, battery, assault, false imprisonment, defamation, trespassing, invasion of privacy, causing emotional distress, racial or sexual discrimination etc.

Negligence torts are those wrongs, which are done unintentionally. They are the most common of the tort cases in court. They include product liability (products that are dangerous to the users even when used correctly), medical malpractice, misdiagnosis etc.

Strict liability are those wrongs, which are borne out of occupational hazards and use of dangerous products. They need not be due to negligence of the defendant. Occupational hazards like construction workers, factory workers etc where it is the duty of the employer to provide a safe working atmosphere.

Nuisance are those wrongs which interfere with an individuals use of his land or property. For instance noise pollution by a factory or smoking by individuals in public places like offices etc.

It is prudent to contact a personal injury lawyer in case of injuries to check the merits of the case, to see if a case exists, the amount of damage etc. Contacting an experienced lawyer may work in favor of the plaintiff (the person suffering the injury) as many tort cases are settled out of court, when the defendant (the person causing the injury) feels that the court may award a larger penalty and that the defendant will be involved in a costly litigation and negative publicity.

There are many law firms, which take personal injury cases on contingency basis. Contingency basis means the lawyer gets paid from the claim on winning the case. It is vital to read the contract agreement as the law firm on successfully winning the case may take away a major portion of the claim.

About the Author:
Keith George always writes about valuable news & reviews. A related resource is Injury Lawyers Further information can be found at Tips & News

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When Do You Need A Personal Injury Lawyer

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Saturday, July 05, 2008

Could You Use A Personal Injury Attorney?

Submitted By: Ian Walker

Have you got a case? Do you know when you need a personal injury attorney?

Most people assume you only need a personal injury attorney for a auto accident. Clearly, when you have an auto accident that results in an injury to yourself caused by others then hiring a personal injury attorney would be prudent, but there are many instances when a personal injury attorney may be of use to you for all sorts of accidents caused by others.

The key question when assessing whether you need to hire an attorney regarding a claim is “has there been negligence caused by another?” If there has been no negligence, intentional or otherwise, then there can be no claim. For instance, as you walk down the sidewalk your toe catches on a loose paving slab. You fall and break your wrist. In this instance the persons or authority charged with maintaining the sidewalk is negligent for letting the sidewalk fall into dangerous disrepair. If, however on your walk about town, you trip on a sidewalk for no reason other than your own clumsiness and break your wrist only you are responsible. The side walk is in good working order only you are negligent for not taking more care.

There are many instances when a personal injury claim may be made, not only car accidents and slips on sidewalks. Workplace accidents, construction accidents, fires, floods, poisoning, drug overdoses, animal bites, being robbed or mugged, medical malpractice, airplane/bus/train accidents and even legal malpractice may entitle you to a personal injury claim.

Even accidents you may have had in the past may be worth assessing with a personal injury attorney. Often when you consider who was at fault for your accident you may point the finger of suspicion in one direction, but a well chosen personal injury attorney may be able to highlight several parties at fault for the incident.

So how do you choose a personal injury attorney to represent you? Well, first off select a few from your local area to interview over the telephone. Ask each how many personal injury cases they have tried in front of a jury, the type of experts they have had to hire for clients, whether they have handled cases similar to yours and what results did they achieve, whether they willing to advance the expense of the litigation and what percentage of their income is derived from personal injury cases. Answers to these questions should help you to make a good choice of attorney from your selection.

About the Author:
Ian Walker writes for South Florida Personal Injury Attorney at http://www.sflorida-personalinjuryattorney.com

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Could You Use A Personal Injury Attorney?

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