Category Archives: Q&A

Injury questions submitted by readers and hopefully answered by injury law professionals.

insurance-claim

Do I Have a Claim?

You’ve been involved in an accident and you are probably wondering: Do I have a claim? 

You’re hurt, but you’re not sure if you have an injury claim. If you do, you could be entitled to damages as a result of your injury. To help determine if you’re eligible for a personal injury claim, ask yourself these questions:

Has my quality of life been impacted?

Have you found yourself unable to perform tasks or activities you previously enjoyed? If so, your quality of life has been impacted as a result of your accident. Maybe you can’t go for a run like you used to or you can keep up with your kids. Regardless, if an accident has interfered with an important aspect of your life, filing a personal injury claim may be a viable option.

Can I continue to work?

If your accident has left you unable to work, you have strong grounds for a personal injury claim. When the effects of an accident directly affect a person’s ability to earn a living, filing a claim can provide vital financial support. Whether through mental or emotional distress or physical injury, if you are unable to return to the job you were performing prior to your accident, it may be time to file.

Has my accident placed me in a difficult financial situation?

Medical expenses and lost income from inability to work can make a bad situation worse. Compounded by the difficulties of recovery, the financial burden of an accident may have you feeling hopeless. Fortunately, personal injury claims can ensure you are compensated for lost pay and medical expenses.

Seeking Advice

If you’re unsure whether or not you have grounds to file a personal injury claim, consult a personal injury attorney. He or she will be able to offer insight and guidance, as well as provide a realistic idea of what you can expect after you file. Also, there are various types of personal injury claims, and an attorney can provide valuable clarity and context around your situation. Person injury attorneys offer years of experience dealing with these specific cases, so why no seek out their help?

Taking the Next Steps

After consulting a lawyer, it is important to collect all pertinent information regarding your case. Take photographs, speak to witnesses, and seek medical advice to ensure you have all of your bases covered. The more information and perspective you can provide regarding your situation, the better off you will be.

This guest blog was written by Michael R. Casper, a personal injury lawyer in Gainesville, GA. Michael R. Casper is committed to helping victims and families of victims who have been injured or disabled due to the wrongful acts of others.

compensation

What Kind of Compensation Will I Be Able to Recover in My Personal Injury Claim?

“What kind of compensation will I be able to recover in my personal injury claim?” This is a question that deems to be one of the most difficult for an attorney to answer for their plaintiff.  There is not a set amount of compensation that is awarded for each particular injury claim—there are many factors that go into determining a case’s worth.

The Purpose

All in all, the amount that is likely to be recovered by the plaintiff equals the sum amount of the damages suffered.  The purpose of a personal injury claim is to set the wrong that occurred from the accident to be a right again or make the person who suffered whole again with monetary recompense.

The Factors

If a claim is straight forward and well documented, the following factors can quantify the amount of compensation:

  • Medical Bills (past and future)
  • Past Loss of Wages
  • Loss of future earnings
  • Disfigurement
  • Pain and Suffering
  • Mental Suffering

The Injured Party’s Responsibilities

The plaintiff, to ensure sufficient reparation must mitigate damages as much as possible after the accident.  This means that the plaintiff should take all reasonable steps to minimize all damages (financial, physical and mental) possible.  This can be done successfully by seeking any necessary medical treatment or attempting to ensure future and present work opportunities.

If the plaintiff just sits back and purposefully lets the damages pile up or if any negligent behavior contributed to the cause of the accident, it is likely to diminish the compensation amount awarded—these instances are called ‘failure to mitigate damages’ and ‘contributory negligence.’

Additional Compensation

Another level of compensation exists when the defendant’s behavior linking to the accident is considered especially careless or purposeful.  On top of finical retribution for mental, physical and financial damages, the defendant can be ordered to pay a ‘punitive damage award.’  This type of payment is designed to further punish the causal party in the accident when it is their fault on an outrageous level.

Documentation and Communication

It is sometimes difficult to put an exact dollar amount on factors such as mental suffering.  Mental suffering can stem from so many different things such as a change in physical appearance or loss of the abilities to participate in hobbies.  It is equally difficult to account for future medical expenses because some physical problems may not have even begun yet as it can take injuries a while to show their effects.  Because of this, it is wise for the defendant to document every possible detail of what they are already experiencing.

Communicate very clearly with your attorney, your medical providers and your employers so that you can properly gauge all losses that may be suffered on your part.  These professionals will help guide you through this trying time to ensure minimal losses suffered from your personal injury.

This guest blog was written by Michael R. Casper, a personal injury lawyer in Gainesville, GA. Michael R. Casper is committed to helping victims and families of victims who have been injured or disabled due to the wrongful acts of others.

taxi

Can a Taxi Passenger Pursue a Whiplash Claim?

If you are injured in a road traffic accident that was not your fault, you can pursue a compensation claim for the damage you have suffered. Remember, you do not have to be the person driving the vehicle to take legal action; even if you were a passenger in a taxi, you will be entitled to claim for any injury you have wrongfully sustained. It is in your best interest to speak to an attorney as soon as possible.

Taxi Passenger Whiplash Claims

Incidents of taxi passenger whiplash unfortunately happen all too frequently, and we often receive inquiries from injured passengers asking whether or not they are able to pursue a claim. The simple answer is yes: if you have suffered whiplash in an accident for which someone else is to blame, you will be considered a victim of personal injury. It is, therefore, your legal right to recover compensation for the pain, suffering and loss of finance you have incurred.

Furthermore, it does not matter whether the person at fault was your taxi driver or another road user. It will of course be necessary to establish which party is liable, as this will determine who you claim against. For example, if your taxi driver was driving erratically or without due care or attention, thereby causing an accident in which you suffer whiplash, your claim will be dealt with by his or her motor insurer. On the other hand, if another road user is responsible for your injury, you will need to obtain their details. These must include their name, registration number and contact number. If they fled from the scene of the accident or do not have a valid insurance policy, you will still be able to make a claim, but it must be taken through the Motor Insurance Bureau.

However, what happens if you were not wearing a seat belt at the time of the accident? It is not unusual for people to jump into the back of a cab and forget to put their seat belt on. But will you still be able to claim if your failure to wear a seat belt contributed towards your whiplash injury? Again, the answer is yes: as a passenger, you cannot be held responsible for the accident, even if you were not wearing a seat belt. Nevertheless, there will be a case of ‘contributory negligence’, meaning your injuries were partly caused by your failure to take the necessary safety precautions. Consequently the sum of compensation will be considerably less.

Seek Early Legal Assistance

If you have been injured while you were traveling as a passenger in a taxi, it is vital you seek early legal advice. A solicitor who specializes in whiplash claims will be able to advise you upon what action to take next. If this involves making a claim, you could stand to receive a significant sum of compensation for the physical, emotional and financial damages you have endured.