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Friday, August 22, 2014

After a car accident injury is when one should be going to a doctor, so as to document their complaints and initiate timely treatment.

Whether the injured person goes to their own doctor (their PCP or perhaps an orthopedist they've seen in the past), as opposed to a doctor that specializes in injury care is another question.

The answer probably depends on the injured person’s medical history, their history with their existing providers, and whether or not their existing provider(s) treat accident injuries/patients. Whether or not one has health insurance may play a factor.

If a person has pre-existing medical issues of a similar nature (similar to the injuries sustained in the subject accident injury), I think it helps to check in and be evaluated by a medical provider that knew you before the subject accident as they’ll be in the best position to opine as to whether there should be any allocation to your pre-existing conditions.

If the injured person was symptom and/or treatment free for a number of years preceding the subject accident, then it probably isn’t necessary to consult with existing medical providers before beginning a course of accident related treatment of one’s choosing.

Thursday, August 21, 2014

There are inherent court related deadlines in litigating a personal injury claim. These include deadlines by which to file an answer; deadlines by which to exchange initial disclosure statements.

In arbitration's, there are deadlines by which to conduct the arbitration hearing. In trials, there are deadlines by which one must certify being ready for trial.

 In trial, the parties propose a scheduling order approved by the judge, which sets out deadlines for all steps leading up to trial (deadlines to disclose expert and no-expert opinions, deadlines to propound discovery requests, deadlines by which to complete depositions and/or discovery, etc.).

A plaintiff’s attorney can try and meet of these deadlines so as to not have to ask for any extensions from opposing counsel.

Of course, meeting one’s deadlines will not prevent opposing counsel from asking for extensions (which they often do)

In litigation, the plaintiff is an active participant; answering written questions, making themselves available for deposition, etc. Prompt responses by the plaintiff can help speed along the process as well

No. There really isn't a "set" minimum as far as a personal injury settlement amount goes. There are many times an at-fault driver will admit negligence in causing a collision, but dispute causation - meaning they challenge the extent of the injury claim.

In what are categorized as low property damage claims, the adverse insurance carrier will often dispute that the injured party should have sustained any injury.

If there is a mechanism of injury (usually a medical or bio-mechanical determination), then a reasonable amount of treatment (which can vary on a case-by-case basis) and the reasonable cost of that care might well serve as the minimal amount of a personal injury settlement/recovery.

Wednesday, August 13, 2014

Personal injury claims can be stressful, especially if your injuries are substantial.

Dealing with the adjuster for the at-fault party’s carrier can be stressful and challenging in and of itself since the adjuster’s job is to pay you as little as possible (no matter how nice they might seem).

Getting property damage addressed early can be challenging if the adjuster claims to be “investigating” liability or fault and you need a replacement vehicle.

 However, besides dealing with the adjuster, the impact of one’s injuries can be equally, if not more, stressful.

Finding the right medical providers can be an issue, advancing the costs of any medical co-pays or deductibles if not treating on a lien, can be taxing. Lost wages can cause financial stress, which can lead to stress in relationships.

The more things a personal injury attorney can take off your plate, the less stress you’ll likely have.

A good attorney can help navigate resolution of your property damage, help you find the right medical care, possibly at no out of pocket expenses to you, Best of all, the attorney will deal with the adjuster, so you won’t have to.

You can concentrate on getting better instead of dealing with accident related external stressors.

Monday, August 11, 2014

Since the 70's, automobile manufacturers have been building and installing airbags in all vehicles on the road.

The automobile industry has determined that the presence of airbags and the safety features provided by your bags outweigh the option of not having any airbags in a vehicle.

However, that does not mean that there cannot be airbag liability. 

Did the airbag deployed in the manner both designed and intended by the automobile manufacturer? How serious are the injuries? Had the airbag operating properly, what would have occurred?

What about air-bag burn injuries? Many people don't think about being burned by air-bags, but it happens more often than people think.

These are all very important questions to ask in deciding whether to bring a claim against an airbag manufacturer. As you might guess, their manufacturers do not make it easy.

Often times they defend with all the resources and finances they have to prove that they did nothing wrong.

Claims against automobile manufacturers are very expensive, so whatever injuries to your cleaning must be pretty significant just by the expense of the litigation.

If you think you might have a claim against an airbag manufacturer, do not hesitate to seek the advice and counsel of an experienced "products liability" attorney who specializes in auto manufacturing and/or airbag claims.