Archive for #personalinjury

Personal Injury Facts vs Myths

Personal injury occurs when someone incurs an injury either because of someone’s negligence or ill-motives. Should this happen to you or someone you care about, know that there is a recourse for you to take so that you can be properly compensated for what happened.

 

Here, we take a look at some of the more common myths on personal injury cases, and the facts that should bring clear answers and enlightenment to those who may need it.

 

MYTH 1: Personal injury law only applies to accidents like slip and falls, and car accidents.

 

FACT: Slip and falls, and accidents, are the most common types of personal injuries, but they are not the only ones. Medical malpractice also falls under personal injury. If a surgeon leaves a gauze inside during surgery, and this results in complications during the patient’s recovery, the patient may file for personal injury.

 

Psychological and emotional harms are also considered under this category, and so can be used as grounds for seeking relief in court.

 

MYTH 2: You should wait until you are healed or recovered before filing a personal injury lawsuit.

 

FACT: The sooner you get it done, the better. Keep in mind that there is a statute of limitations or a deadline for filing a lawsuit.

 

For personal injuries, specifically, you must file within two years from the occurrence of the injury. If this is not possible, such as the medical malpractice example above, then the statute of limitations begins upon the date of the discovery of the injury.

 

MYTH 3: It’s expensive to hire a lawyer and file a personal injury lawsuit.

 

FACT: The prevailing misconception is that hiring a lawyer to pursue a personal injury lawsuit is going to be very expensive. However, the fact is that lawyers handling personal injury cases forego legal fees upfront. Based on the contingency fee setup, their fees will be paid from the awarded settlement.

 

The lawyers are also in charge of the disbursements, or any and all necessary expenses incurred during the pursuit of the lawsuit. So if fear of cost is what’s stopping you from filing a personal injury lawsuit, don’t worry.

 

Get the justice and compensation you deserve. Hire a personal injury lawyer at the earliest.

An Overview of Pain and Suffering Claims in Washington State

Almost everyone strives to put safety first when they get behind the wheel of a motor vehicle; however, an accident can happen at any time and even the smallest accidents can lead to serious injuries. If you have been injured in a car accident, you may be entitled to damages if the accident was the fault of someone else.

When someone hears about injury damages stemming from a motor vehicle collision, they often think about medical costs, insurance bills, and even lost wages due to time missed from work; however, there is another category of damages that people should know. This is called pain and suffering.

The Definition of Pain and Suffering Damages

States will vary slightly in their definition of pain and suffering. In some cases, there might even be a cap. In the state of Washington, for example, pain and suffering are defined as an inconvenience, mental anguish, and emotional distress. This can even include probable emotional distress that may take place in the future.

The definition of pain and suffering is subjective and can be hard to quantify. While a medical bill has a number printed on it, as do the costs of car repairs, pain and suffering can be difficult to quantify.

Coming to a Fair Number for Pain and Suffering Damages

Because pain and suffering are both subjective, it is important to work with a legal professional to come up with a fair number. Often, this amount is going to be based on prior cases that might have had a similar outcome. Some of the factors that are going to play a role in the final number include the person’s age, his or her occupation, the person’s state of health before the collision, and the type of physical injuries that someone sustained.

In the end, it is critical for people not to settle for less than what they are owed. Too often, an insurance adjuster is going to tell someone that their pain and suffering award has already been set in stone. Instead, those who have been involved in a car accident should work with a legal professional who will fight to defend the rights of his or her client.