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Do you need a personl injury lawyer to get compensation?

  • December 18, 2016

    Here’s a great article by Steve Raiser, a New York personal injury attorney. Personal injury claims that are obviously valid and there is no question regarding comparative fault by the injured claimant are often settled relatively easy. In fact, when cases cannot be disputed by the respondent insurance company, many times they will tell the claimant there is no need for legal counsel because they clearly must pay the claim by law. However, when this happens, the injured party should call a personal injury attorney immediately because this is a red flag that the claim could be much more valuable than realized. Insurance companies are not required to disclose to injured claimants how much insurance coverage the negligent client may have, but a personal injury attorney can motion the court for the coverage limits to be included in the discovery process. In addition, there could also be other negligent parties who can be pursued for damages as well. So, it is possible to get some compensation, but the chances of being made whole are slim without solid effective representation.

    Multiple Litigants
    Personal injury civil tort claims are normally directed at one particular negligent party, but many times there are actually multiple parties who may be liable. Trucking accidents are a primary example, as the shipping company and the driver could both be liable when involved in an accident. Other drivers could be at fault as well, which means that the case could get complicated quickly when they are seeking damages as additional litigants. The law of vehicular control is applied in all cases when the court considers accident reconstruction and comparative negligence percentages are assigned. In addition, product liability claims are common too, as many cars are on the list of recalled vehicles with potential manufacturing defects, such as the Takata airbag recall problem. Brake systems are also regularly listed on the Consumer Protection itinerary, and are often central to many accidents that appear as unexplained. Being made financially whole is often done through a series of litigation negotiations, and having an experienced and aggressive attorney can matter greatly.

    Available Damages
    Compensatory damages are usually the most common form of recovery available in a personal injury claim. Whether it is a car accident or a premises liability injury claim, medical bills and lost wages due to the injury are the first damages that are evaluated. Non-economic damages for pain-and-suffering are the final damages calculated, and usually amounts to the bulk of any final settlement. Punitive damages may be available in egregious cases when a personal injury lawyer thinks they can win the extra award in a full jury trial. That is why it is vital to have an experienced trial attorney representing your case because these are the cases most likely to result in whole damage compensation. Product liability damages can be very significant too, and the process only requires plaintiff legal counsels to prove the injury occurred due to the failure of the product. Negligence is normally not an issue in a product liability case because of strict liability application.

    So, the short answer to this legal question is no, but the true answer is yes if the injured claimant wants full damage recovery based on the extent of injury and the number of negligent parties. Cases can be very complicated, but an experienced and effective personal injury attorney will know how to craft a case that result in full damage recovery for an injured client, including ongoing medical responsibility by the respondent insurance company. Always get a Los Angeles personal injury lawyer, and make sure you get a good one who is devoted to enhancing your claim value.

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