Posts Tagged ‘information’

Parts Of A DC Injury Case

April 23rd, 2010

The very first part of starting down the path of a personal injury claim is deciding which law firm to choose. There are many ways to choose your law firm and finding one that is the best fit for you requires asking the law firm the right questions.

When the time comes to meet with your legal professional, you will be asked many detailed questions about the facts, and details surrounding your injury. You may be asked about what certain individuals said. You may be asked several medical questions. These questions are the attorney’s way of finding out about your likelihood in recovering money damages for your injury. An experienced personal injury lawyer will be able to make a fairly good estimation on both your chances of success and the amount to which you may be entitled. However, different attorneys may draw different opinions about your case’s prospects.

It is very imperative that the timing requirements are met for your personal injury legal claim. Your time to pursue your claim will probably be limited by your state’s laws. This time period is generally referred to as the “period of limitations” or “statute of limitations period”. In a nutshell, you only have a certain amount of time to bring your case. If you fail to meet the timing requirements, you may be unable to bring your case at all. That is why this issue needs to be addressed up front by both you as the injured party and your law firm.

The first step to actually getting your personal injury lawsuit going, is usually the filing the filing of the complaint. The complaint is the legal document that notifies the court and the other parties that you are claiming damages do to the fault of someone else. Generally, filing of the complaint requires that a fee be paid to the court. The complaint must also be served to the other parties to the case. This means that the other parties must be properly notified that you have filed a lawsuit against them. Proper service is outlined in your court’s local rules and will be handled by your legal professional.

Following proper service, the defendants are required to respond to the complaint. Sometimes the defendants will offer a formal ‘Answer’. In some jurisdictions, it is permissible for the defendant(s) to respond with a motion. Usually, the defendant(s) will deny the crucial allegations that you have made in your complaint. In some cases, they may ask the court to dismiss your case entirely. Once an answer has been made, the discovery process begins. Discovery is the pretrial investigation by the parties of the salient facts, testimony, and other evidence that may be used a trial. The purpose of discovery is to give the parties adequate preparation to have a fair trial.

During and following discovery, the parties may begin discussing resolving the case through a settlement agreement. A settlement agreement usually involves the defendant paying the plaintiff a certain sum of money in exchange for the plaintiff’s dropping of the lawsuit. Generally, most personal injury cases are resolved through some form of settlement. However, if the parties cannot reach a settlement, the case continues to the trial phase. At trial both parties present their cases and the matter is resolved by a judge or a jury.

If you have been traumatically injured by the wrongdoing of health care providers: doctors, nurses, hospitals, clinics, nursing homes, pharmacists or others in Washington DC you need to talk to an knowledgeable DC injury legal professional today. A DC injury legal professional who handles serious injury cases can tell you your options.

The Car Accident Claim

March 10th, 2010

A vehicle crash insurance claim generally begins with a crash. If you are involved in a car crash, there are some very important things you should do at the accident site to the best of your ability. At the first availability, you should report the collision with your insurance company and begin the process of filing a claim. After you have submitted your claim, an adjuster will either call, write or email you about your claim. She will then look at your agreement to determine the types of provisions you have, deductibles, and any coverage limits that may affect your claim.

If your claim is simple, the agent may have you get a quote for repairs and then send you a payout. You will have to fill out some documents, but you may not have to visit the adjuster in person. If your claim is more complicated, then the negotiation process will take more time.

In relatively complex injury accident claims, insurance employees typically must do some investigation in order to sufficiently determine the insurance company’s liability. The agent will comb through your agreement and possibly contact witnesses to the accident, the other party to the incident, look at the crash report if there is one, take pictures of the damages and scene of the crash and generally look into your medical records by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the agent will send you a medical authorization instrument for the release of your medical history.

Once the insurance agent has investigated your claim and looked at your agreement, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. This first offer is usually on the low side. After all, the adjuster’s intention is to save his or her employer money. But the adjuster also wants to close a claim and thus is typically allowed a settlement range that offers room for discussion.

If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal. Your proposal would describe fault, damages and ask for a certain amount to settle your claim.

If you’ve already got an initial offer from the agency, keep in mind that initial offers for settlement are almost always on the low side. Then, unless you’re willing to agree to that first offer without an argument, you will ultimately need to negotiate with the company for a higher figure.

If your insurance claim is denied in whole or in part, there could be many acceptable and objective reasons. Most have to do with limits in your coverage. You can check the rejection letter against your agreement to see if the denial seems fair or not. If you still think your claim was unfairly denied, don’t wait too long to take action. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Discuss your circumstances with an auto accident attorney who will be able to assist you.

If you’ve been the victim of a serious car accident in Baltimore, you need the advice of an experienced Maryland car accident law firm. Talk to a local Maryland car accident law firm about your options.