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What is personal injury?

What is personal injury?

Personal injury law, or tort law, protects the rights of victims of negligence, recklessness, malpractice, and the inaction of others. A personal injury is any physical or mental injury to a person as a result of someone else’s negligence or harmful act. Here are some of the most common accidents that result in a personal injury:
· Automobile accidents
· Truck accidents
· Medical malpractice
· Slips and falls
· Professional malpractice
· Workers’ compensation
· Wrongful death
· Dog bites · Property damage
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How do I know if I have a personal injury claim?

How do I know if I have a personal injury claim?

In order to have a personal injury case, you must be able to show that you have been injured – either physically or, in some cases, emotionally. Also, you must be able to prove that someone else – the “defendant” – caused your injury under a negligence, strict liability or intentional misconduct theory.
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Who can be held liable in a slip and fall case?

Who can be held liable in a slip and fall case?

In slip and fall cases, there are often a number of people or entities that may be held responsible for someone's injuries. For instance, if a business rents space from a property owner, both the property owner and the tenant (the business) may be named as defendants by someone injured on the property. In that case, the tenant is known as a possessor of the property, and has a duty to use reasonable care to prevent injury to those on the premises under its control. A possessor might also be a party who manages or maintains the property, such as a management company.
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I just had an accident, and want to file a claim for my injuries. What should I do?

I just had an accident, and want to file a claim for my injuries. What should I do?

First, get prompt medical treatment for any injuries you may have. Then, call a personal injury attorney. He or she can help to protect your legal rights, but proper medical care should be your first priority. Here are some additional steps to help you obtain a fair settlement, or help your claim process proceed more efficiently:
· Write down as much as you can about the accident itself. List your injuries and any other losses you have suffered as a result of the accident.
· Document the conversations that you have with people involved in the accident or the injury claim.
· Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs as soon as possible. Photographs should include the scene of the accident from all angles, the surrounding area, your injuries, and any property damage. · Obtain the names, addresses, and phone numbers of all potential witnesses of the accident.
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What does ‘negligence’ mean?

What does ‘negligence’ mean?

Negligence is the failure to exercise reasonable care in a situation that causes, or contributes to an accident. For example, tailgating – following a car too closely – is considered negligent behavior. If the car in front of you brakes suddenly and you hit that car, you are at fault.
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But what if the accident was partly my fault?

But what if the accident was partly my fault?

Even if an accident or injury was partially your fault you may still have a personal injury claim, based on the concept of contributory negligence or comparative negligence. The term contributory negligence describes the actions of an injured person that may have also caused that person’s own injuries. For example, someone who ignores a “No Running” sign in the mall and trips and falls while running may be found to have been careless and at fault for any injuries suffered.
Comparative negligence means that the fault of all parties is compared, and the amount of damages to be paid is reduced by the percentage of his or her own fault. In doing so each person is held accountable for the amount of damage that their negligence caused.
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What type of damages can I recover from my personal injury claim?

What type of damages can I recover from my personal injury claim?

That depends on the type and extent of your personal injury. The two main types of personal injury damages you may be eligible for are compensatory (actual) damages and punitive (criminal) damages. The damages may include the following:
· Medical bills
· Lost wages
· Pain and suffering
· Physical disability
· Disfigurement
· Permanent scars
· Emotional trauma
· Mental anguish
· Loss of enjoyment
· Loss of love and affection
· Embarrassment
· Mental disability
· Property damage · Out of pocket expenses
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Should I cooperate with the insurance company?

Should I cooperate with the insurance company?

If you've hired an attorney, you should resist talking to any insurance company other than your own and instead refer the insurance company to your attorney. Avoid any written or recorded statements with out the approval of your attorney because they could later be used against you. Do not sign an authorization allowing the insurance company to obtain your medical records. With out an attorney first reviewing the release, you might be enabling the other insurance company access to personal information.
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What is the statue of limitations for filing a personal injury claim?

What is the statue of limitations for filing a personal injury claim?

It varies by state, but usually ranges from 1 to 6 years. There are different statutes of limitations defined for each type of personal injury claim. Different timelines apply to negligence cases v. professional malpractice claims; property damage v. wrongful death lawsuits; medical malpractice claims v. pharmaceutical litigation cases.
In some instances a statute of limitations can be extended based on a delay in the discovery of the injury. For example, some illnesses may not be diagnosed for years after exposure to a harmful product or chemical. To obtain more details regarding statutes of limitations that may apply to your case, consult with an experienced personal injury lawyer.
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Why should I hire a lawyer?

Why should I hire a lawyer?

A personal injury lawyer will provide professional legal representation to obtain the maximum amount of compensation for your injuries, consistent with the nature of your injuries and losses. An experienced personal injury attorney will investigate the circumstances in which you were injured, identify all negligence parties, interview any witnesses, and define a strategy to hold accountable those responsible for your injury. Additionally, a lawyer can investigate all sources of recovery
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I was just in a car accident and don’t know what to do.

I was just in a car accident and don’t know what to do.

If you have been involved in a car accident you should first remain calm, then call for help. If no one is injured, your first call should be to the police. Although it is best to remove the crashed vehicles out of traffic, wait for the police to advise you. The police will also take statements from the drivers and passengers involved.
Other important things to do:
· File an accident report with your insurance company. Also, you should notify the other driver’s insurer of the accident.
· Take notes. Get the names, addresses and phone numbers of everyone at the scene, especially witnesses.
· Be careful what you say. Don’t make any remarks or statements about who is at fault. If an insurance adjuster shows up at the scene, do not give any statements and do not sign anything.
· Call an attorney. It is essential that you get someone to represent you right away. If you've been injured, you will want a skilled accident attorney to make sure you receive a fair settlement from the insurance company. Also, proving to another driver's insurer that its policyholder caused the accident might require the services of an attorney. · See your doctor. You may have injuries of which you're unaware. If you are examined by a doctor, make sure you are specific in explaining how the accident happened and any and all injuries and problems you sustained as a result.
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If I don't feel injured after an automobile accident, should I see a doctor?

If I don't feel injured after an automobile accident, should I see a doctor?

Yes. Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It is not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries.
For certain injuries where the other party is at fault, you may also be compensated for your pain and suffering and loss of earnings capacity. The other driver’s insurance company called and wants to speak to me.
Do not speak to them. Always be polite, but do not answer and questions or make any statements. You should not take any settlements offered by an insurance company without first speaking with an experienced auto accident lawyer. Claims adjusters are professional negotiators that work for the insurance company – not for you. Their job is to protect the interests of their employer. The attorney you select will be the only one protecting yours. Insurance companies typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the accident takes place. Insurance companies will often discourage you from obtaining a lawyer so they can pay less to resolve your claim.
Never take an insurance check or sign anything without first consulting an attorney. You can jeopardize potential compensation you are due, and waive important rights that help to protect your interests. And you will regret it.
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What issues will I face in making a claim for my injuries sustained in an auto accident?

What issues will I face in making a claim for my injuries sustained in an auto accident?

A claim for injuries is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The three categories of issues that typically arise in a tort claim after an automobile accident are:
· Liability - who is at fault and to what degree.
· Damages - injuries or losses that were caused by the accident. · Insurance Coverage - what the insurance company will pay for after an accident.
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Why do I need a lawyer if it was just a minor car accident?

Why do I need a lawyer if it was just a minor car accident?

You will want to hire an experienced car accident attorney, because that person is the only one that is working in your best interests. There is no law against handling your own claims. At least notify your insurance company. Keep in mind that insurance companies and their attorneys know exactly how much your claim is worth, and they are in a much more powerful position to negotiate with the other party than you are. Their job is to resolve the potential "liability" by paying as little as possible to you. Many valuable rights were lost because the injured person believed what he or she was told by the insurance company. Contact a car accident attorney at Haymond Law to protect your rights.
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In what ways are truck accidents different from car accidents?

In what ways are truck accidents different from car accidents?

One of the most serious ways in which these two types of accidents differ is the extent of damages and injuries when a truck and an automobile collide. A typical fully loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.
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What are the dangers associated with large trucks on the roadways?

What are the dangers associated with large trucks on the roadways?

There are a lot of dangers and causes of truck accidents associated with the size of these huge commercial vehicles. Here are a few:
· No-Zones. These are blind spots located around the front, back, and sides of the truck. When a car is in the No-Zone, the truck driver is usually unable to see it. At these times, a large truck could turn into a passing car and a serious accident could result.
· Squeeze Play. In order to negotiate a right turn, big rigs need to swing wide to the left in order to negotiate a right turn. When truck drivers make wide right turns; they are often unable to see smaller vehicles directly behind or beside them. When a car cuts between the truck and a curb, the car can be caught in a squeeze, and a serious accident can occur.
· Stopping Distance. Big trucks need a much greater stopping distance than other vehicles. If you are in a car in front of a truck and need to brake suddenly, you’re at great risk of being in a serious rear-end collision with the truck. · Off-track”. This is a term used when a tractor-trailer truck turns at a high speed and sways into an adjacent lane without warning. Due to truck’s no-zones, if an automobile, SUV, or van is traveling too close, the truck's 10,000 pounds of metal can enter the other lane with extreme force.
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What are the primary causes of truck accidents in the U.S.?

What are the primary causes of truck accidents in the U.S.?

Tractor trailers are huge and heavy vehicles that travel at high speeds. A truck traveling at 70 miles per hour has almost twice as much energy as a truck traveling at 50 miles per hour. In Many factors can contribute to serious injuries and death in collisions between large trucks and passenger vehicles. Some of these factors include:
· Aggressive drivers
· Unrealistic schedules
· Failure to inspect tires, brakes and lights
· Tailgating
· Long work-shifts
· Driver fatigue
· Cell phone use
· Failure to install blind spot mirrors
· Jackknifing · Speeding and ignoring reduced truck speed limit
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How many truck accidents can be attributed to alcohol and/or drug use?

How many truck accidents can be attributed to alcohol and/or drug use?

A study by the Insurance Institute for Traffic Safety of interstate tractor-trailer drivers found that 15% of all drivers had marijuana, 12% had non-prescription stimulants, 5% had prescription stimulants, 2% had cocaine, and fewer than 1% had alcohol in their systems.
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What should I do if I’m in a collision with a tractor-trailer?

What should I do if I’m in a collision with a tractor-trailer?

If you are involved in a collision of any kind, the first and most important thing to do is call emergency response to request both medical and police assistance. Never leave the scene and it is best if you do not move your vehicle. If there are any disputes over the way the collision occurred, placement of the vehicles will often times assist the police and others in reconstructing the accident to determine exactly what happened. If you have a camera in your car, take pictures of the damage to the vehicles, and the position of the vehicles.
If you can, attempt to locate people who may have witnessed the collision. Get their name, address and telephone number. Additionally, exchange information with the other driver, such as insurance information and driver's license information.
In almost every collision, there has been some trauma caused to your body. If an ambulance is offered, it is always best to go to the emergency room to be examined to ensure there are not any hidden or internal injuries.
You should immediately consult with an experienced truck accident lawyer. Truck companies have their own investigators and attorneys working hard to dismiss liability. One of the worst decisions individuals can make is to negotiate directly with trucking companies, insurance adjusters, or the trucking company lawyers. Most trucking companies are highly skilled at truck accident investigation and claims. Anything you say or sign may be held against you further down the road.
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What is wrongful death?

What is wrongful death?

A wrongful death claim is a claim for damages arising out of someone's death when the death is caused by the negligence or fault of someone else. The claim is brought by the deceased's beneficiaries who are normally family members. The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support.
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Who can bring a wrongful death claim?

Who can bring a wrongful death claim?

Most states that recognize a wrongful death cause of action limit the pool of potential plaintiffs. Some states limit this group to the deceased's primary beneficiaries, defined as the surviving spouse and the deceased's children. Other states allow the parents of the deceased individual to bring a wrongful death claim. In addition to these individuals, some states recognize the rights of any dependent, whether closely related or not, to bring a wrongful death claim provided the person actually depended on the deceased for economic support. In those jurisdictions, it apparently makes little to no sense to allow the second cousin once removed of the deceased, who saw him once every five years at a family reunion, to recover for the loss of the deceased's future earning potential.
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What type of damages can be collected?

What type of damages can be collected?

Alabama's wrongful death statue is unique in that it only permits recovery for punitive damages and denies any recovery for compensatory damages. Thus, Alabama's wrongful death statute is setup to punish the wrongdoer, not to compensate the family for economic losses.
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When should a wrongful death claim be brought?

When should a wrongful death claim be brought?

In Alabama, a wrongful death action must be brought within two years from the date of death.
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What are some of the most common reasons behind wrongful death claims?

What are some of the most common reasons behind wrongful death claims?

· Car accidents
· Motorcycle accidents
· Truck accidents
· Bus accidents
· Drunk drivers
· Train accidents
· Pedestrian accidents
· Plane crashes
· Medical malpractice
· Construction accidents
· Industrial accidents
· Fires · Defective products
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What must be proven to win a wrongful death case?

What must be proven to win a wrongful death case?

The common element in wrongful death cases is negligence, which is characterized by inattention, thoughtlessness, inadvertence, and mistakes. Negligence must be proven, and Belt Law Firm is skilled in helping clients prove that the four critical components of negligence exist in their claim:
1. The defendant had a duty to the deceased; 2. The defendant failed in that duty (breach of duty); 3. That the fatality was caused by the defendant’s breach of duty; and 4. That the survivors are entitled to damages as a result of the loss of their loved one.
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