Various Types of Personal Injury Claims

Types of Injuries
The world today that consists of bustle, harried routines and the convergence of millions of people and many different interests has led to a rise in the number and severity of personal injury issues that arise due to the negligence, recklessness and sometimes even the intentional conduct of others towards the victims. Although this is a troubling trend, those who have been the victims of any of these scenarios need to understand that help is available, and that there are laws in place to protect the rights of those who are injured due to the actions of someone else.
Below are a few examples of the types of injuries that occur, and if you’d like to gain an understanding of your legal rights and options, contact a personal injury attorney to schedule an initial consultation.
Paraplegia
Paraplegia is a medical term that generally refers to an injury victim’s inability to move or control his or her legs and other extremities below the waist. Logically, this prognosis is usually the result to an injury of the lower spinal cord.

Paralysis
Paralysis is usually the result of a spinal cord injury, but can also occur in other ways. Regardless, anyone who suffers this consequence as a result of someone else’s actions faces a lifetime of adjustments and medical care.

Brain Injury
Brain injuries can occur in any setting, and perhaps the most troubling aspects of these types of injuries are that they can take an undetermined amount of time to manifest themselves and dealing with brain injuries in a medical sense remains a mystery in many situations.

Quadriplegia
Quadriplegia generally results from an injury to the upper spine, and the patient loses all control and the ability to move any part of the body below the neck.

Head Injury
A head injury is another type of injury that can go undiscovered for years, but can also create a lifetime of financial, physical, mental and emotional difficulties.

Wrongful Death
Obviously, a death that’s caused by another person’s actions or failure to act is the ultimate injury to suffer through no fault of one’s own, and the family is left to suffer the long-term consequences.

Amputations
There are times when the removal of a limb is the only option to save a person’s life, and this is obviously a life-changing injury in many ways.

Blindness
Blindness can result from several different specific injuries, including those to the eyes and the brain, among others.

Burn Injury
Burn injuries are not only difficult to treat, but also can regularly cause extreme pain and discomfort for years.

Your Next Step
If you or someone you love has suffered any sort of injury that appears above or any other that’s a result of someone else’s actions, contact a personal injury lawyer as soon as possible to schedule an initial consultation.

Brain Injury
A brain injury is almost always devastating in terms of its short and long-term results on the patient, and unfortunately, many brain injury victims suffer their fate as a result of negligence, recklessness or even intentional conduct on the part of another person, people or entity. If you or someone you love has suffered a brain injury in this regard, contact a brain injury attorney as soon as possible to schedule an initial consultation.

Below is a brief outline of how to proceed if you or someone you love has suffered a brain injury that’s the fault of another:

1.Seek and obtain all necessary medical attention – Now is not the time to worry about cost, as your long-term health overrides any short-term financial concern.
2.Documentation – Be sure to keep and collect all documentation regarding the injury, including any police reports, insurance claims and medical records, as you may need them if you decide to pursue a financial recovery.
3.Obtain a prognosis – Brain injuries can be mysterious, so speak to your doctor to find out how long the injury will continue to affect you, and what treatment and care you will need for the foreseeable future.
Your Final Step – Contact a Brain Injury Lawyer
Finally, it’ll be time to obtain a full understanding of your legal rights and options. You may be entitled to a justifiable financial recovery to help you with medical bills and lost income. Contact a brain injury lawyer today to schedule an initial consultation.

Spinal Cord Injury
Spinal cord injuries are always difficult in every context, as these types of inflictions almost always affect the victim for the rest of his or her life. If you or someone you love has suffered a spinal cord injury as a result of someone else’s actions, then you need to act as well and as soon as possible by contacting a spinal cord injury lawyer to schedule an initial consultation.

Below are several ways in which extreme difficulties can present themselves for someone who has suffered through this circumstance:

1.Diagnosis – Often times, when a spinal cord is injured, swelling in the area results. This swelling can prevent any sort of accurate diagnosis for any measurable amount of time.
2.Prognosis – Aside from difficulty understanding just what specific injury has occurred, doctors can also have trouble laying out what a patient can expect in the future.
3.Psychological fallout – Any injury to the spinal cord is extremely traumatic, and this will always lead to some sort of psychological struggle for the victim, which can often not be determined until such symptoms begin to manifest themselves.
4.Financial struggles – Many times, a person who suffers a spinal cord injury will need a lifetime of treatment, rehabilitation and managed care, as well as equipment. Gaining an understanding of associated costs can be very difficult.
5.Life changes – If a spinal cord injury victim is going to need a wheelchair, special ramps, assistance by way of lift equipment for special vehicles and the like, the patient needs to completely relearn how to get through a typical daily routine.
The list above is only one small set of examples. If you or someone you love has suffered a spinal cord injury because of someone else’s actions, contact a spinal cord injury lawyer today to begin the process of protecting your rights.

Paralysis
Paralysis is a condition that’s often permanent, and it results in life-changing and extremely difficult circumstances for those who suffer injuries that lead to this condition. What’s worse is that many who suffer from paralysis are in such a medical state because of the actions, or failure to act, of another person or entity. If this has happened to you or someone you love, you do have the right and perhaps the duty to explore your legal rights and options. Do so by contacting a paralysis attorney today to schedule an initial consultation.

Below are some of the adjustments and necessary purchases a victim of paralysis will need to make in order to provide the best possible chance to resume a routine that’s productive, although the following are merely examples and in no way represent an exhaustive itemized list:

1.Wheelchair – A wheelchair can cost thousands of dollars up-front, and there will be necessary adjustments and maintenance as long as it’s needed by the paralysis victim.
2.Special vehicle – Most who suffer from paralysis need a van with a mechanical lift to be able to get around and to continue with their ongoing medical care.
3.Ramps – A person who deals with paralysis will need ramps in order to provide wheelchair access in the home and in the workplace, and many times, that person must bear his or her own expense.
4.Braces – If the person who fights paralysis every day intends to maintain hygiene, then he or she will need special support bars and seats in such places as the shower.
As you see, just the equipment costs can be overwhelming, and not only is this not an exhaustive list, but it does not include medical care or lost income. Contact a paralysis attorney today to schedule an initial consultation and to evaluate your legal rights.

Paraplegia
When someone is injured and as a result cannot move their legs or any part of their body below the waist, this is known as paraplegia. Some are born without this ability, and some contract a disease or medical condition that can also lead to this result. However, and most unfortunately perhaps, there are many who suffer from paraplegia as a result of the potentially negligent or reckless actions of another person or entity.

If this describes your situation, you need to contact a paraplegia injury lawyer as soon as possible to schedule an initial consultation, as you may have legal rights and options that need to be protected and enforced by way of financial compensation. The reason for this option in the law is that there are many steps that must be taken by anyone who suffers from paraplegia in order to work towards the restoration of a viable daily routine.

Below are just a few common early steps in the paraplegia recovery process:

1.The initial medical care – Generally, when someone is injured in the lower spine, that could lead to paraplegia. Doctors usually must closely observe the patient until the spine swelling goes down so that the injury itself can be treated.
2.Potential surgery – Depending on the specifics of the injury, surgery may be necessary to reduce the stress on the spine, and this type of surgery is extremely complicated.
3.Initial recovery – Immediately after the initial recovery steps, the patient must begin to relearn how to manage his or her body and overcome the initial shock of no longer being able to use his or her legs.
4.Physical rehabilitation – Some paraplegics can ultimately regain the ability to walk, but only through a grueling routine of rehabilitation. Others are not so fortunate, but still need to work diligently to learn how to get around and to build a routine.
Regardless of the specifics, those who suffer an injury that results in paraplegia face an intense struggle that involves physical pain, financial stress and emotional fallout. As such, you need to contact a paraplegia injury attorney if you have suffered this result at the hands of someone else.

Quadriplegia
When someone suffers an injury that results in quadriplegia, that person’s life changes instantly and permanently, and he or she faces a long and difficult battle to regain a mode of existence that allows him or her to continue with some sort of daily routine. If you or someone you love has suffered this sort of injury because of someone else’s faulty conduct, you need to take action as soon as possible to evaluate and, if advisable, protect and enforce your legal rights and options.

You can begin taking action by contacting a quadriplegia injury lawyer, as he or she will be able to meet with you for an initial consultation and to listen to your situation and what led to your injuries. If your quadriplegia attorney believes that someone else is at fault for this situation, you will be told how any claim would proceed, what difficulties would be potentially encountered and generally what the legal process involves.

This is a highly-advisable step for many reasons. First, no decision is easy when an injury victim and those in his or her life are dealing with the immediate aftermath of the situation. Emotions cloud judgment, and working with an advocate will allow for a more objective analysis of the situation as a whole. Secondly, it costs you nothing, as an initial consultation with a quadriplegia lawyer is free of charge. Finally, every decision should be made with a foundational basis of accurate information, which is exactly what you’ll be provided with during this initial consultation. Contact an attorney today to get this process started.

Amputations
When amputations occur as a result of some sort of incident, many think that this is often because of a horrible, catastrophic injury to the limb that’s necessarily removed. While this is often the case, that doesn’t mean that it’s the only way that amputations occur. Even injuries that seem very minor in nature at first can become enormous problems that ultimately necessitate an amputation, as infections and other maladies can strike.

Regardless of how severe your initial injury may have been, if you or someone you love has had to go through this process because of the actions of someone else, you need to take immediate steps to obtain a valid understanding of your legal rights and options. You can do this by contacting an amputations lawyer to schedule a free initial consultation.

When someone loses a limb, he or she faces a difficult and expensive recovery process. The patient will need to overcome the initial surgery, deal with the psychological challenges that tend to present themselves early in the process, and ultimately acquire and learn how to use an artificial limb in order to help restore the patient’s routine. This does not even account for the pain and suffering that’s always a part of traumatic procedures such as amputations.

Fortunately, the law provides an opportunity for compensation for all of these costs if the person injured suffered this result because of someone else’s negligence, recklessness or even intentional conduct. To find out what you may be entitled to pursue legally, contact an amputations lawyer today to schedule that initial consultation.

Blindness
Medical advancement is a real thing, and one of the inflictions that has benefited from this is blindness, as those who lose the ability to see are now able to obtain the knowledge they need to build a happy, productive and satisfying life. However, for those who suffer blindness as a result of an unforeseen injury that was caused by someone else, the struggle to complete this process can be extremely challenging on several levels.

Those who have the ability of sight tend to take for granted just how much we depend on this sense, and those who are forced to deal with blindness must relearn almost every aspect of life. Below are just a few examples of basic skills that need to be relearned by anyone who suffers from blindness:

1.Reading – Reading without sight means that the person needs to learn how to read via Braille, which is done by using the fingers and the sense of touch.
2.Walking – While those who are dealing with blindness obviously don’t lose the physical ability to walk, they must learn to use a walking cane and perhaps a dog to help them navigate through their days without exposing themselves to harm.
3.Working – Depending on someone’s job, he or she may have to either completely relearn the skills required to perform their duties, or if eyesight is a foundational requirement to do the job, that person may need to look for different work.
As said, the list above is only preliminary in nature. If you or someone you love has suffered an injury that resulted in blindness, and that injury was caused by someone else, contact a personal injury lawyer as soon as possible to schedule an initial consultation.

Head Injury
There are countless ways in which a head injury can result. A head injury in a medical sense can also be a nebulous issue, as what appears at first to be a traumatic head injury can actually turn out to be relatively manageable, but the opposite is also true – what seems minor at first can ultimately be extremely traumatic.

Such is the reality with the head injury issue in the medical world. A head injury often time involves the brain, which remains a mystery to many despite the billions that’s dedicated to research and the remarkable advances that are continually being made by the medical industry, and many a head injury that was basically untreatable recently can now be handled quite well.

However, this issue is only complicated for many when a head injury is caused by the negligence, recklessness or even willful conduct of someone else. Given what’s described above, the victim of these actions may not immediately understand the true nature of the damage that’s been done, and when these damaging symptoms or conditions ultimately manifest themselves, that person may not know where to turn.

If you or someone you love has suffered a head injury because of someone else’s actions, the first step you need to take is to obtain a full medical evaluation, even if your injury seems minor. You owe it to yourself to discover the nature of your head injury as soon as possible so that any chance of additional damage can be reduced.

Secondly, you need to contact a head injury lawyer to schedule an initial consultation. You owe it to yourself and those you love to understand your legal rights and options, and your head injury attorney will explain them to you as they relate to your situation. Get this process started today.

Wrongful Death
When someone dies unexpectedly, it always takes an incredible emotional toll on the family members of that person. This is particularly true when this untimely passing is the result of the actions of someone else, as loved ones always suffer through an intense struggle to put the pieces back together and to get on with their lives without the person they love.

When this happens, the legal world terms it as wrongful death, and wrongful death lawyers understand the struggles faced by the remaining family members. They also understand that their objective advice is invaluable during this time of suffering. If this describes your situation, contact a wrongful death lawyer today to obtain the information you need to move forward.

Below are some of the economic damages that could be available to victims of wrongful death:

1.Funeral and burial costs – These expenses can run into the thousands quickly, and are especially difficult if they were not planned for ahead of time.
2.Emotional distress – There is no emotional trauma more difficult than the grief associated with death, and the law provides for remedies in this regard.
3.Loss of income – When a wrongful death occurs, the law may allow the victims to recover compensation for the income that the person who was killed will no longer be able to earn to support the family.
The list above is only a set of examples, and each situation needs to be analyzed individually. If you have suffered in this regard, contact a wrongful death lawyer as soon as possible to obtain the help you need.

Burn Injury
With the explosion in building, both residential and commercial, the increasing dependence on fuel-powered transportation and many other causes, fires are becoming more of a problem around the country. Any fire can leave behind a wake of devastation, but perhaps the most devastating aspect of any fire is the potential for a serious burn injury.

Many medical professionals will state almost unequivocally that a burn injury is as, if not more painful than any other injury, as the medical fallout and resulting treatments can be excruciating in every sense. If you or someone you love has suffered in this regard because of the actions of someone else, then you need to contact a burn injury attorney as soon as possible to schedule an initial consultation.

Burn injury victims understand that these injuries are measured in degrees, and if someone suffers from third-degree burns, he or she will many times face the prospect of intensive, invasive and painful skin graft procedures to replace the tissue that’s been burned. Not only do these procedures often involve intense physical pain and suffering and the accompanying emotional stress, but these procedures obviously cost money, as will any ongoing care that will be required during the recovery process.

If you or someone you love has suffered a burn injury because of someone else’s negligence, recklessness or even intentional conduct, then you need to act as soon as possible to schedule an initial consultation with a burn injury lawyer. He or she will be able to apply your situation to the governing laws and explain what steps and legal options are available to you. Contact an attorney today.

Personal Injury Claims - How to get started!

Personal Injury Claims - How to get started!

Personal injury claims must be brought within a specific period of time following the accident. This is called the statue of limitations (from the previous page) and it varies for each state, but most often it is a period of 3 years. If you miss this window, there is very little that can be done by you or an attorney.
It is imperative that you take comprehensive notes following an accident. Get organized by creating a file specifically for your case. Since memories can fade, getting these details down in writing is extremely important. This will be powerful support when litigating your case. Your notes should contain the details of the accident, the injuries you suffered and their effect of your daily life. You may want to document how you feel each day and if you have experienced pain, loss of mobility, sleeplessness, anxiety or depression.
Your file should include police reports, hospital bills and medical reports from doctors, photos, vehicular repair estimates, and any written communications to and from your insurance company and the defendant’s insurance company.

Notify the Insurance Company
You should immediately notify all insurance carriers. In the case of an automobile accident, you need to inform both your insurance company and that of the other party of your intent to file a personal injury claim.
Physical Evidence
Physical evidence can act as proof in determining liability. It may also provide insight into the degree of your injuries. At the scene of the accident, there are many details you need to capture. These might include weather conditions, road and traffic conditions, the speed and direction you were traveling at. Make sure to preserve all physical evidence such as bloody clothes or items that were damaged in the crash, such as a laptop computer or cell phone, both of which are expensive to replace.

Photos
Pictures can be extremely useful in proving your case. After the accident occurs, and if you are able, take pictures of everything that will help to establish what happened. These can include skid marks, weather and road conditions, damage to your vehicle and any other vehicles involved in the collision. If you aren’t able to take pictures at the scene, you may want to return a few days later to do this. Pictures should be taken from a variety of viewpoints and during the same time of day that the events occurred in order to recreate the scene as realistically as possible
It’s also important to take photos of your injuries which may includes cuts, bruises, marks and swelling. If you are hospitalized, have someone take pictures of you showing the extent of your injuries.
Determine Who is Responsible
Nearly every accident is somebody’s fault due to negligence or carelessness. Determining liability is a way to establish who is legally responsible. It may depend on the facts leading up to the accident. If an employee was running an errand for an employer and got into an accident, the employer may be held liable. Each state has numerous statutes and code, which establish the standard of care an individual is held to. The code of conduct for vehicles is commonly referred to as “The Rules of the Road”. If the driver violated a statue or law, this may determine who is at fault.
When there is more than one person responsible for an accident, the law in most states provides that any one of the parties is responsible. This can be advantageous in certain situations where one of the liable individuals is insured and the other is not. You can choose to make your claim against the insure person for the full amount.

What if the Government is Involved? Tort Claim Acts

If your personal injury case involves a claim against the local, state or federal government, or an employee of the government, you will need to follow strict guidelines and procedures when bringing a lawsuit. Most governments have enacted laws, which contain rules for filing claims against them. These are called “Tort Claims Acts”.

The Federal Tort Claims Acts is the statute by which the United States authorized tort suits to be brought against itself. This makes the government liable for injuries caused by negligent or wrongful acts or omissions of any government employee while acting within the scope of his office or employment.

There are three major exceptions:
•The Feres doctrine, which prohibits suits by military personnel for injuries sustained during service
•The discretionary function, which immunizes the United States for acts or omissions of employees involved in policy decisions
•The intentional tort exception, which precludes suits against the U.S. for assault and battery, false imprisonment, false arrest, malicious prosecution, or abuse of process, unless they are committed by federal law enforcement or investigative officials.

Before an action can be filed under the Federal Tort Claims Act, an administrative claim must be presented to the government agency employing the person whose act or omission caused the injury. After an administrative claim is presented to the appropriate agency, they have six months to either admit or deny the claim.

Notice of Claim
The first thing you need to do is file a “notice of claim” within 60 days following your injury. If you fail to file within that time period, you will most likely be ineligible to obtain compensation for your injuries. The government then has the opportunity to respond to the notice before suit is filed. The claim will be either accepted or denied. If you receive a denial of your claim, you may still file a lawsuit in an attempt to hold the government liable through the civil court process.
Decide if You Need legal help
When your injuries are minor and require only minimal treatment, your damages may not be worth an attorney’s time. Most personal injury attorneys work on a contingency basis. The amount they get paid is based on how much they are able to obtain for your case.
If your personal injury suit involves several parties, complex legal issues, severe or permanent injuries, product liability or a claim against the government, it’s probably best to seek legal representation.

Start the Claims Process

The most important aspect when filing a personal injury claim is to know the total extent of the injuries involved and the monetary amount that you will be seeking. The simplest way to settle your dispute is to write a “demand letter”. This is the centerpiece of the insurance claim negotiation process. Details should include the following:
•Extent of your injuries
•Why the other party is legally responsible
•Types of medical treatment you received and the amount of money incurred
•Amount of lost income
•Other damages that you suffered

The letter should conclude with a demand for payment of a lump sum to settle the entire claim. When drafting your demand letter, it’s advised to review all of your notes from the days and weeks following the accident. Along with your demand letter, you should send copies of supporting documents, which may include bills from the doctor or hospital, proof of lost income or any other documentation relevant to your case. A general rule is to request a sum that is 75% to 100% higher than what you would be satisfied with. This will give you room to negotiate with the insurance company. If you have not received a response to your demand letter or the proposed settlement is unacceptable, the next step will be to file a “Summons and Complaint”.
Preparing and Filing A Summons and Complaint
You will need to prepare a summons and complaint that will be filed with the court. This is a formal document that you or your attorney will file in order to claim your legal rights against the other driver. Included in this document will be the “Cause of Action” which details the reason you are filing the lawsuit. A list of damages will need to be itemized which may include; medical bills, lost wages, property loss or damage, loss of future earnings and any other damages that are specific to your case. After paying a small filing fee, the document is filed with the Clerk of the Court who will assign a case number. All documents need to be served on the defendant named in the complaint. The individual who serves the complaint must be over 18 and not a party to the case. The Sheriff or a licensed process server may be used and they must complete and sign a proof of service. The proof of service together with the original Summons and Complaint must be filed with the court.
Discovery Process
Once the defendant has been made aware of the fact that they are being sued, both parties begin the discovery process. This entails requesting documents and information from each other. This often includes a list of questions, also called “interrogatories”, doctor’s reports, medical records, and any witness testimony also known as “depositions” which is when a witness is questioned under oath. If you have an attorney handling your case, they most likely will have videotape of these depositions. This can be a long and complicated process, which could take months or even years depending on the complexity of the case.