The number one element for being involved in a Las Vegas Injury Law case is to quickly make a determination what sort of "damages" you have suffered. Sometimes it's simple, i.e. the injured party has now been off work for five months, and at $5000 a month, now seeks to recover $25,000 in compensation. However, it often ends up being a bit more than that. When it comes down to determining exactly what is relevant to the computation of the damages, what you will need most is the experience (and resulting success) of a specific attorney. Therefore, making sure you hire a good attorney as quickly as possible is critical.
Please take a moment to consider these details.
Keep in mind that you need to determine what your damages are at the moment, as well as what they could likely be once you have healed up from injury. You'll want to examine where you will be in your recovery when your personal injury has improved to it's best point in your life. What sort of effect will this trauma have on you and the rest of the family? This is when an accident attorney will tell you - it's time for details.
Medical bills - you'll need a total of how much you've spent. Your job - how much time has been lost there? Were you required to use up your sick leave for this? Keep in mind, even if you have sick leave, you are entitled to lost wages. Are you going to be able to return to work or be permanently disabled. Will this injury keep you from being able to do your job? Then there's your personal life: will you able to return to doing everyday activities with your family or your friends? Was any part of this accident considered your fault? How much fault is being assigned to the other party?
HAVE YOU EXPERIENCE A SIGNIFICANT LOSS?
It is important to clarify the difference of whether you suffered a significant loss, or a simple injury. The value of the case is determined by various factors - if you have a situation where you may not have missed very much work time, or did not sustain a permanent personal injury, the case value might be minimal. It is one of our judicial system's injustices that even if the defendant conduct was reckless, the value of the case might still not be very high. On the other hand, if your injuries have resulted in you being permanently disabled, the possibility of you being granted a large sum of money is much higher - even if part of the fault was yours.
There is no price you can put on a permanent injury loss, but you need to have funds to help to deal with the loss. The bottom line is this - how does this injury affect your life now, and in the future? Also, an accident attorney who is experienced in handling injury cases has to be able to prove a "damage picture" to an insurance company or jury.
Wednesday, March 3, 2010
What To Do When Insurance Coverage Is Low And You're Injured
A Las Vegas Auto Accident can be a horrible experience, and it's even worse when the person who caused the injury is either very poorly insured or has no insurance at all. Depending on the state you reside in, the minimum amount of coverage for an injury to the body or property damage can vary. But even after the purchase of the minimum amount of coverage, the medical bills usually will still be through the roof.
You must also consider the fact that getting into a car accident attorney can be a life-changing event. And when a person can't get the insurance coverage they need, this only makes an already negative situation worse. If you have gotten into this kind of situation, it may be time to seek out a professional attorney who has experience in this field.
What coverage is available right now? This is very important and should be the first thing to consider. What coverage is there to start with? There are some insurance companies that refuse to talk about the amount of coverage they have. They might, however, give out this information to a qualified attorney. Once this has been accomplished, we then calculate the amount of coverage for the defendant so bills can be payed immediately. Is there any other coverage out there? Are there any other possibilities? If the victim of an auto accident is driving another person's car, then the owner of the car will receive coverage for it. Is the vehicle a company car? If this is the case, there's a possibility that there is a primary policy and maybe an umbrella policy that can be pursued.
Were there any other parties involved in the accident? All possibilities must be considered when dealing with a car accident. On occasion, another person could be partially responsible for the accident, and their insurance policies can be used as well. This may not be the easiest road to travel, but if your client is going to get more than just the minimum amount of coverage, all options must be considered.
Does the defendant have any other assets? Just because the defendant has low insurance coverage, doesn't mean they're off the hook. By using their non-insurance related assets, they can be forced to pay for damages. However, suing for personal assets can be very difficult unless the individual is wealthy.
Once the maximum amount of coverage has been totaled, and the defendants other assets have been examined, it is now time to come to a negotiation over the dispersion of these funds. These negotiations may take place over a period of time, between many injured parties, to come to on agreement on who is getting paid by the insurance company, and who gets paid by the defendant.
The insurance companies may also choose to stake a claim. If they feel they need to recover damages, they may choose to do so. You should always have a skilled negotiator and lawyer in your presence during this process. It's incredibly difficult to deal with all the legal and financial issues when you don't have a lawyer there who can spell it out for you. This is especially true when you yourself are an injured party. A las vegas lawyer who specializes in the injury field and knows his way around the system, can help tremendously in these kind of jams.
You must also consider the fact that getting into a car accident attorney can be a life-changing event. And when a person can't get the insurance coverage they need, this only makes an already negative situation worse. If you have gotten into this kind of situation, it may be time to seek out a professional attorney who has experience in this field.
What coverage is available right now? This is very important and should be the first thing to consider. What coverage is there to start with? There are some insurance companies that refuse to talk about the amount of coverage they have. They might, however, give out this information to a qualified attorney. Once this has been accomplished, we then calculate the amount of coverage for the defendant so bills can be payed immediately. Is there any other coverage out there? Are there any other possibilities? If the victim of an auto accident is driving another person's car, then the owner of the car will receive coverage for it. Is the vehicle a company car? If this is the case, there's a possibility that there is a primary policy and maybe an umbrella policy that can be pursued.
Were there any other parties involved in the accident? All possibilities must be considered when dealing with a car accident. On occasion, another person could be partially responsible for the accident, and their insurance policies can be used as well. This may not be the easiest road to travel, but if your client is going to get more than just the minimum amount of coverage, all options must be considered.
Does the defendant have any other assets? Just because the defendant has low insurance coverage, doesn't mean they're off the hook. By using their non-insurance related assets, they can be forced to pay for damages. However, suing for personal assets can be very difficult unless the individual is wealthy.
Once the maximum amount of coverage has been totaled, and the defendants other assets have been examined, it is now time to come to a negotiation over the dispersion of these funds. These negotiations may take place over a period of time, between many injured parties, to come to on agreement on who is getting paid by the insurance company, and who gets paid by the defendant.
The insurance companies may also choose to stake a claim. If they feel they need to recover damages, they may choose to do so. You should always have a skilled negotiator and lawyer in your presence during this process. It's incredibly difficult to deal with all the legal and financial issues when you don't have a lawyer there who can spell it out for you. This is especially true when you yourself are an injured party. A las vegas lawyer who specializes in the injury field and knows his way around the system, can help tremendously in these kind of jams.
A Look Into Personal Injury
People who get a personal injury in Las Vegas can sometimes commit some essential errors due to the fact that they are not familiar with the laws. Sometimes the injured party is aware of the legal aspects of personal injury. However, they still commit important errors that end up costing them cash when the lawsuit is filed. There are three major errors often committed by injured people, which include: not receiving adequate medical treatment, incorrectly documenting the incident, and failing to gather evidence. Hopefully, you won't ever need this information, but if you do, you will be glad that you read it.
When people initially get an injury, they often think it will go away on its own. Males in particular, would rather not see a physician to determine a correct course of treatment. Even if you do not notice anything wrong at the time of the accident, you might discover that something is amiss the next day. In addition, if you do not seek immediate medical care, you could be forfeiting any physical evidence that your injuries were created by that particular collision.
The key point is to visit a physician immediately. This is normally the best way to proceed. You will be able to report to the doctor the exact set of circumstances in which you were injured. You should definitely consider going to the ER, since by doing so, you will get the necessary attention immediately following the collision. Even if you are not hurt, it's still better safe than sorry. In any case, getting immediate attention will protect you if an injury is worse than you expected.
You also might want to think about not returning to your job right away. Often times, immediately following a car accident, people are not very effective at their jobs anyway. In addition, the insurance company could possible state that since you returned to work so soon, you are not actually injured, or that you are just seeking their cash.
Secondly, injured people often do not correctly document the collision. You need to do this while you are still able to recall every detail. For a short time, isolate yourself and document what happened in chronological order. This documentation will be essential when the police question you. You should also take some of this time to contact your lawyer. You should, of course, tell the police what happened, but under no circumstances should you discuss anything with an insurance agent. Insurance companies have the sole intention of trying to reimburse you at the lowest rate possible. A personal injury attorney las vegas wants to protect you. Lastly, you need to gather as much evidence as you can. Get the names and telephone numbers of any bystanders who saw what happened. If their accounts of what occurred match yours, you should get as much personal information as they are willing to give in order to back up your case. After the accident has been cleared and everyone leaves, you won't be able to find them again once you decide to file a lawsuit. So it's important to learn who they are now. You can't always count on the law enforcement officers to get witness information since it's not always required by law, especially when it involves a minor collision.
Document how the auto collision occurred, how the injury changed your life, how many days you have been away from your job, and what the medical costs add up to. Nothing is insignificant. Are you no longer able to perform certain tasks? Are you in pain all the time? By documenting your issues that stem from the accident, you will be able to recall many more details if your case goes to trial months down the road.
When people initially get an injury, they often think it will go away on its own. Males in particular, would rather not see a physician to determine a correct course of treatment. Even if you do not notice anything wrong at the time of the accident, you might discover that something is amiss the next day. In addition, if you do not seek immediate medical care, you could be forfeiting any physical evidence that your injuries were created by that particular collision.
The key point is to visit a physician immediately. This is normally the best way to proceed. You will be able to report to the doctor the exact set of circumstances in which you were injured. You should definitely consider going to the ER, since by doing so, you will get the necessary attention immediately following the collision. Even if you are not hurt, it's still better safe than sorry. In any case, getting immediate attention will protect you if an injury is worse than you expected.
You also might want to think about not returning to your job right away. Often times, immediately following a car accident, people are not very effective at their jobs anyway. In addition, the insurance company could possible state that since you returned to work so soon, you are not actually injured, or that you are just seeking their cash.
Secondly, injured people often do not correctly document the collision. You need to do this while you are still able to recall every detail. For a short time, isolate yourself and document what happened in chronological order. This documentation will be essential when the police question you. You should also take some of this time to contact your lawyer. You should, of course, tell the police what happened, but under no circumstances should you discuss anything with an insurance agent. Insurance companies have the sole intention of trying to reimburse you at the lowest rate possible. A personal injury attorney las vegas wants to protect you. Lastly, you need to gather as much evidence as you can. Get the names and telephone numbers of any bystanders who saw what happened. If their accounts of what occurred match yours, you should get as much personal information as they are willing to give in order to back up your case. After the accident has been cleared and everyone leaves, you won't be able to find them again once you decide to file a lawsuit. So it's important to learn who they are now. You can't always count on the law enforcement officers to get witness information since it's not always required by law, especially when it involves a minor collision.
Document how the auto collision occurred, how the injury changed your life, how many days you have been away from your job, and what the medical costs add up to. Nothing is insignificant. Are you no longer able to perform certain tasks? Are you in pain all the time? By documenting your issues that stem from the accident, you will be able to recall many more details if your case goes to trial months down the road.
Personal Injury Cases - When You Need Advice
Time is of the essence when talking with prospective clients or family concerning a personal injury case. There is a time limit on when one can file a case. It is important to begin work on the case immediately in order to protect the client's best interests and support the necessity for legal service. Make sure the client does not discuss fault or the facts of the case with anyone other than police officers until they have spoken to you.
Your client must understand the importance of having the investigator thoroughly document the scene before they get repaired or begin clean up.
Witnesses must be interviews as soon as possible. The car accident scene must be photographed completely and reviewed before it is changed. Make certain that all torn and blood-stained garments or other evidence are retained by the hospital. Bruises and physical indications of trauma must be photographed immediately.
The injured party must be make aware that the insurance company's main concern will be to defend a claim for damages in the insurance company's favor. The defendant must be informed that the timetable for filing claims and acknowledgment of receipt of the letter is limited to 21 days. The claim letter must be send in duplicate and the defendant must send a copy to the insurance company. Review the accuracy of all the medical records with your client before they are submitted. Take your time with the review of the records. The insurance companies will attach much more weight to a report that comes from a physician than one from non-medical staff.
Remind the client orally and in writing that the case appears to be meritorious "based on the facts as they appear at the present time." This is what makes assigning a value to the case impossible until the full extent of las vegas personal injury, necessity of treatment, losses and damages are known.
Your client must understand the importance of having the investigator thoroughly document the scene before they get repaired or begin clean up.
Witnesses must be interviews as soon as possible. The car accident scene must be photographed completely and reviewed before it is changed. Make certain that all torn and blood-stained garments or other evidence are retained by the hospital. Bruises and physical indications of trauma must be photographed immediately.
The injured party must be make aware that the insurance company's main concern will be to defend a claim for damages in the insurance company's favor. The defendant must be informed that the timetable for filing claims and acknowledgment of receipt of the letter is limited to 21 days. The claim letter must be send in duplicate and the defendant must send a copy to the insurance company. Review the accuracy of all the medical records with your client before they are submitted. Take your time with the review of the records. The insurance companies will attach much more weight to a report that comes from a physician than one from non-medical staff.
Remind the client orally and in writing that the case appears to be meritorious "based on the facts as they appear at the present time." This is what makes assigning a value to the case impossible until the full extent of las vegas personal injury, necessity of treatment, losses and damages are known.
A Personal Injury Practice: The Importance Of A Budget
A financial forecast is a mandatory tool for a viable personal injury law firm. It will reduce expenses and prevent foolish moves by the firm. It also provides an automatic emphasis on the conservation of your start up capital, which is so critical to your survival. While a personal injury practice carries with it associated risk, following a prudent financial plan will serve to keep these dangers at a reasonable level.
Keep in mind that you must watch overhead at the start. The key costs will be the lease, payroll, and various advertising expenses. Formulate an operating budget to guarantee that you have a handle on all pertinent costs. You must maintain veto power on all expenses related to the advertising of your legal services. Even so, you should put together an advertising budget and monitor the associated costs and benefits. Some attorneys report good advertising results from the standard phone book. Although telephone book marketing is important, you should not exceed your budgetary limits by placing numerous extravagant blurbs in the yellow pages.
What is the cost of a typical personal injury lawyer case? Generally, a personal injury case is extremely costly only in the event that it proceeds to an actual courtroom litigation. In that situation, you will incur consulting fees for any and all types of professional experts, physicians, and consultants, as required. The most prohibitive expense will be the physician for the plaintiff.
As you start to win cases and establish a solid legal repuation, you may decide to expand your practice, either by opening additional locations or adding staff. If you follow this route, make sure that you put together an updated financial projection which reflects the desired expansion. To reach the additional revenue levels, you will need to take on more cases. You must try to be proactive in recognizing the impact of new laws. In some jurisdictions, new statutes may make it difficult to reach your goals. In some cases, the new laws will create barriers to obtaining lucrative settlements for your clients.
Keep in mind that you must watch overhead at the start. The key costs will be the lease, payroll, and various advertising expenses. Formulate an operating budget to guarantee that you have a handle on all pertinent costs. You must maintain veto power on all expenses related to the advertising of your legal services. Even so, you should put together an advertising budget and monitor the associated costs and benefits. Some attorneys report good advertising results from the standard phone book. Although telephone book marketing is important, you should not exceed your budgetary limits by placing numerous extravagant blurbs in the yellow pages.
What is the cost of a typical personal injury lawyer case? Generally, a personal injury case is extremely costly only in the event that it proceeds to an actual courtroom litigation. In that situation, you will incur consulting fees for any and all types of professional experts, physicians, and consultants, as required. The most prohibitive expense will be the physician for the plaintiff.
As you start to win cases and establish a solid legal repuation, you may decide to expand your practice, either by opening additional locations or adding staff. If you follow this route, make sure that you put together an updated financial projection which reflects the desired expansion. To reach the additional revenue levels, you will need to take on more cases. You must try to be proactive in recognizing the impact of new laws. In some jurisdictions, new statutes may make it difficult to reach your goals. In some cases, the new laws will create barriers to obtaining lucrative settlements for your clients.
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