After her death, it was determined that the household product responsible for her death was reported defective. However, there was no recall and the manufacturer allowed this product to remain for sale despite the known dangers. This is just one example of an extreme injury from a defective household product. More common injuries happen daily, but they might not be as deadly.

Although death from a defective product is rare, it happens. If you sustained an injury due to a defective product, then you could be entitled to compensation. A personal injury lawyer can help. In this guide, we’ll explain everything you need to know about defective product injuries, including the most common types, how they may injure you, and who should be held responsible. We’ll also discuss what you can do to protect yourself financially if you suffer from a defective item injury.

What Is Considered A Defective Product?

A defective product is defined as any product that could be dangerous when it’s used as directed for its intended purpose, as long as there are no alterations or interference to the product. More specifically, a defective product is any product that causes harm or injury to a person due to a defect with the design, a marketing defect, or a manufacturing defect. Examples of a defective product include medical devices, children’s clothes and toys, and food items.

To claim product liability, a plaintiff must prove that a defective product meets the following qualifications. First, the plaintiff must prove that the product was defective at the time that it was made. Next, they must prove that the product’s maker, seller, or distributor intended for the product to be sold to the plaintiff without safety changes made throughout the process (in other words, the manufacturer knew that the product was possibly defective and they sold it anyway). Or lastly, the plaintiff or their personal property was somehow damaged due to the product

How Dangerous Are Defective Household Products?

Research shows that the average household in the United States contains over 300,000 items and products that range from light bulbs to furniture and kitchen appliances. Recall trends over the past few years have shown that many of these items pose a risk to our health. Within the first few months of 2017 alone, the number of people injured by defective products reached the highest it has been in 30 years. Here are some other statistics related to defective products:

• In 2015, the National Safety Council found that one in 15 Americans suffered from an injury in their home that required medical attention.
• There were 74,600 deaths related to defective household items.
• The leading cause of home deaths and injuries are drowning, mechanical suffocation, choking, poisoning, fire, and falls.
• According to the National Safety Council, one in 15 people in the United States experienced an unintentional injury in the home that required medical attention in 2015 and there were 74,600 home-related deaths.
• According to the Consumer Product Safety Commission (CPSC), defective household products cause 33.1 million injuries each year due to accidents and defects with the product’s design, warnings, or manufacturing.

You may have experienced an injury from a defective product in your home but did not think to report it. Remember that the more time you spend at home, the more likely you are to become injured by a defective product. Now, more than ever, product shortages are causing retailers and manufacturers to increase their demand for household products, meaning that they may be more likely to overlook a defect simply because the product is in such high demand in stores.

How Does A Product Become Defective?

Have you ever wondered what makes a product defective? As noted above, a defective product is defined as any product that causes injury because it was marketed, designed, or manufactured incorrectly. To prove that a product is defective, a plaintiff must prove that the product was reasonably defective either at the time of manufacture, when it was designed, or when it was marketed to the public. We will discuss the three types of defective products below.

Product Design Defects

A product can be defective because it was made improperly or there was a defect at the time it was produced. These types of defects can be present even before the product was manufactured. A company may be held liable for a design defect if there was an unforeseeable risk present during the production process, and the company decided to continue with production anyway. This is what happened in the case of the defective 3M earplugs.

An example of a product design defect would be when a coffee cup is designed in such a way that the bottom of the cup melts when it comes in contact with a hot liquid. Most states require that a plaintiff prove that their injury could have been prevented if the product that injured them was made in a different way. In other words, they must prove that the manufacturer could have made changes during the production process that would ensure that the product was safer. Products that have design defects are usually only fixable if the manufacturer alters the original design, meaning that the original design and intended use are unsafe.

Product Manufacturing Defects

A product may be defective due to a manufacturing defect. This occurs when the product becomes defective during the assembly or manufacturing process due to either an intentional or an unintentional mistake. Product manufacturing defects occur when the product becomes more dangerous than what the consumer and company expected.

The primary difference between a product manufacturing defect and a design defect is that the manufacturer defects are unintentional or occur accidentally due to a flaw in the manufacturing process, whereas the design defects are usually intentional flaws that occur when the product is being designed.

A manufacturing defect is usually easier to fix because the defect can be corrected by making a simple adjustment to the assembly process or materials used to make it. Some common examples of manufacturing defects include contaminated medications and food items, and faulty mechanisms, tools, and screws.

Product Marketing Defects

A product marketing defect usually occurs due to a lack of proper warning or directions about a particular product. These flaws may be due to a lack of instructions about how to use a product. Examples may include when there is improper labeling on a product and a lack of safety warnings. Marketing defects are common when a company does not warn the consumer about all of the ways in which a product can be harmful when used incorrectly. This includes when there are choke hazards or small parts on a child’s toy. This type of product defect usually occurs when a person is injured due to a company’s improper marketing.

Examples of Defective Household Products

Most people don’t expect to sustain serious injuries from common household products, but it happens. Many products can be dangerous if used incorrectly or mislabeled. You can still get injured from a product that comes with a defective disclaimer and warning labels, and you may have to file a product liability lawsuit due to a manufacturing process error or breach of warranty.

The CPSC is responsible for recalling consumer products and keeping the public safe. However, while recalls are intended to inform users of potentially dangerous household products, many people are unaware of these warnings until they get injured. Other people know about the recall but don’t expect to become seriously injured by the product in question. Regardless of the defective product’s cause, it’s important that you are aware of potential items that may harm you in your home.

Here are some of the most common examples of defective household products:

Defective auto parts that cause accidents:

• Car defects
• Airbags
• Roof crush
• Car seats
• Seat belts
• Tires
• SUV rollovers

Defective medical devices:

• IVC filters
• Essure
• Power morcellators
• Hip implants
• Sulzer hip and knee replacements
• Shoulder pain pump
• Baxter dialysis filters
• Bair hugger surgical warming blanket
• Defective drugs

Toxic or chemical exposure to defective products:

• Pesticide exposure
• Mercury poisoning
• Manganese poisoning
• Lead poisoning
• Benzene poisoning
• Groundwater contamination
• Talcum powder
• Silica exposure
• Toxic mold
• Vinyl chloride
• Treated wood poisoning
• Cleaning products

Other defective products:

• Space heaters
• Cleaning products
• Toasters
• Airbags
• Household appliances
• Medical devices
• Heating appliances
• Home workshop equipment
• Power tools
• Cleaning products
• Products that contain chemicals
• Children’s toys and nursery items
• Heating and cooling equipment
• Microwaves
• Personal hygiene items
• Blow dryers
• Furniture
• Phones

How Do Defective Household Products Cause Injury?

Although a defective household product injury is not considered as dangerous as a car accident, it can still be deadly. Also, keep in mind that just because you aren’t killed from a defective product doesn’t mean you don’t deserve compensation. A defective household product may cause serious injury when manufacturers don’t alert the public about potential dangers or remove these items from store shelves.

Even if you use a product as it was intended, it may still cause injury if it’s defective. For example, if you are using a blow dryer as intended, it may burn your head or hands if the product was defective when it was created. Some products may also become defective if they expired or were damaged during the stocking process at the store.

Most of the time, a defective product is the manufacturer’s fault, but there are exceptions to this rule. Either way, companies are responsible for standing behind the products they sell and making sure they are safe to use. You are entitled to compensation if you are hurt by a household item, whether it was obviously defective or not.

Common injuries due to a defective household product include the following:

• Brain or back injury
• Broken bones
• Electrocution
• Lacerations
• Wrongful death
• Physical pain
• Medical costs
• Loss of earnings and missed work
• Mental anguish
• Physical impairment
• Loss of quality of life
• Loss of property
• Disfigurement

Broken bones or severed limbs are a common example of what may occur when you come into contact with a defective steering wheel or set of brakes that causes a car accident. You may also experience a deep cut or laceration due to a defective knife or eating utensil that did not come with a set of instructions. Even a simple kitchen or cooking tool may cause an injury if it’s defective or it does not come with clear instructions, such as vegetable spiralizers, chopping tools, or vegetable peelers. Burns are also very common injuries due to defective kitchen items.

You may experience a burn from a defective heating pad or electrical blanket. In some cases, a defective heating blanket may cause a defective mattress to catch on fire - injuring the person sleeping on top. Brain injuries and spinal injuries are also common. You may experience a blood clot or brain injury that formed due to a defective pharmaceutical medication or a defective set of brakes may have caused a leg injury that requires you to go to physical therapy or miss work.

How Do Electronic Heating Devices Cause Injury?

Electronic heating devices, such as microwaves, toasters, space heaters, and electronic blankets, are some of the most commonly reported defective household items. Even if you are using these products correctly, they may still cause injury due to an electrical problem or design flaw. It’s never a good idea to leave a space heater unattended in your home. Do not sleep with one in your bedroom because it may catch fire while you sleep. Never leave the home with a space heater running inside as this may cause a fire.

Other heating devices, such as toasters and microwaves, are known to cause lacerations and burns if they are defective. You may burn your hand while trying to heat up food or reaching in the toaster, even if you are practicing caution while doing so. These items may also cause an electric spark at the outlet that leads to fire if there is a defect with the cord. Never leave a toaster oven or microwave unattended while in use and always be sure to use oven mittens or hand protectants when removing food from these areas. Many people have suffered third-degree burns on their hands from household items that are supposed to be safe.

Many people use heating pads or electric blankets at night to keep warm. However, defective heated blankets have been known to catch fire or cause serious burns to people while they sleep. It’s a good idea to sleep with the settings on low or use the blanket to heat your bed and turn it off before falling asleep to prevent injuries. If you are using a heating pad to alleviate sore muscles or stomach cramps, then be sure to keep the setting on low and do not fall asleep with the heating pad on. Problems may arise either with the cord or the product itself.

How Do Defective Children’s Toys Cause Injuries?

No one ever wants to think that their children will become injured by toys in their home, but it happens. Defective children’s products are responsible for many injuries and even deaths, despite being used properly under supervision. Research shows that over nine million children are treated in the emergency room for unintentional injuries each year in the United States alone. Additionally, emergency rooms estimate that they treat approximately 250,000 children for injuries related to toys. This is just one category of children’s products that may lead to injury due to poor design, improper manufacturing processes, and more.

According to the CPSC, there is an increasing trend in toy-related injuries among children worldwide, especially those involving contusions, lacerations, or abrasions. Children are also prone to injuries that cause serious scarring, which can lead to both physical pain and emotional anguish. Examples of defective children’s toys that may lead to death or injury include balloons, tricycles, ride-on toys, scooters, powered and non-powered riding toys, toy boxes, and stuffed toys. Additionally, research shows that there is a growing trend among playground injuries, too.

Other defective children’s items that may cause injury include:

• Cribs, bedding, and blankets
• Strollers
• Pack and play or mobile cribs
• Rockers
• Baby carrying equipment
• High chairs and baby seats
• Pajamas and clothing
• Bottles, pacifiers, and feeding utensils
• Portable sleeping units and playpens
• Baby monitors
• Bouncers and swings
• Baby gates
• Helmets and safety equipment
• Toys and games that include small parts
• Car seats

How Do Cleaning Supplies Cause Injuries?

Potentially dangerous chemicals may be lurking in every home in your room. If not used or stored properly, these items could cause injuries, health problems, or even death. They are especially dangerous for pets and children who may not know how to use them properly and in the correct dosing. If and when these items become defective, they pose even more of a threat. For this reason, it’s important to be aware of these products and how they may injure you.

The following is a list of cleaning supplies that may be dangerous, based on where you keep them in your home:

Cleaning supplies in the garage

• Antifreeze: Antifreeze contains ethylene glycol, which may cause you to feel dizzy if you inhale it. If ingested, it may even to kidney damage, heart damage, brain damage, or death.
• Motor oil: Motor oil can lead to kidney and nerve damage if ingested. It has also been linked to cancer because it’s linked to heavy metals.
• Paint: Some pains omit formaldehyde when they dry, which can lead to headaches and irritation to the eyes, nose, and throat. Inhaling it can result in dizziness and fatigue.
• Batteries: Many batteries are explosive and can lead to burns and lacerations, including burning and charring of the skin.
• Windshield fluid: Windshield fluid should not be ingested as it may result in drowsiness, unconsciousness, and even death.

Cleaning supplies in the laundry room

• Laundry detergents: Some laundry detergents may cause skin disorders, dryness, or other tropical diseases due to irritation. They can be deadly when consumed. Some people have developed asthma due to exposure to large amounts of laundry detergent.
• All-purpose cleaners: All-purpose cleaners, such as detergents, grease-cutting agents, solvents, and disinfectants, may contain ammonia, ethylene glycol monobutyl acetate, sodium hypochlorite, and trisodium phosphate, which can cause irritation to the skin, eyes, nose, and throat.
• Bleach: If used topically on the skin, bleach may cause skin discoloration, dermatitis, burns, and irritation to the eyes, throat, and nose.
• Insecticides: Insecticides may contain chemicals such as permethrin, diazinon, propoxur, and chlorpyrifos that may lead to headaches, dizziness, twitching, and nausea.
• Pet treatments: Many pet treatments, such as flea treatments, contain the chemicals imidacloprid, fipronil, pyrethrins, permethrin, and methoprene, which may lead to headaches, twitching, nausea, and dizziness.

Cleaning supplies in the kitchen

• Dishwashing detergent: Phosphate - the main active ingredient found in dishwashing detergents - has been linked to skin irritations and burns.
• Oven cleaners: Some oven cleaners contain chemicals, such as lye, that can burn your hands and skin if not protected properly.
• Antibacterial cleansers: Some antibacterial cleansers have been known to cause skin irritation and burns.
• Window or glass cleaners: Most window and glass cleaners contain the chemicals ammonia and isopropanol, which can be irritating to the skin, eyes, nose, and throat.
• Ant traps: Many insect traps contain ammonia and isopropanol, which are intended to kill unwanted pests that come in contact with them. In humans, these products may lead to skin irritation.

Cleaning supplies in the bathroom

• Toilet bowl cleaners: Many toilet bowl cleaners contain the chemicals sodium hypochlorite or hydrochloric acid, or bleach, which can be very irritating to the skin.
• Mold and mildew removers: Many mildew and mold cleaners contain chlorine and alkyl ammonium chlorides, which are linked to breathing problems if inhaled or swallowed.
• Drain cleaners: Drain cleaners may consist of Lye and sulfuric acid, which can cause chemical burns to the eyes and skin. When inhaled or ingested, they may cause throat and nose irritation.

Other cleaning supplies in the home

• Air fresheners: Air fresheners may contain the chemicals formaldehyde, petroleum distillates, p-dichlorobenzene, and aerosol propellants, which are linked to cancer and kidney problems. They are especially dangerous for pets and children as they are more likely to ingest them.
• Furniture polish: Furniture polish may contain ammonia, naphtha, nitrobenzene, petroleum distillates, and phenol, which are chemicals that can cause irritation to your windpipe and make it hard to breathe.
• Rug cleaners: Rug cleaners may contain perchloroethylene, naphthalene, and ammonium hydroxide, which have been linked to liver damage and cancer. They may also cause dizziness, loss of appetite, nausea, sleepiness, and disorientation.
• Mothballs: Mothballs may contain naphthalene and p-dichlorobenzene, which may emit fumes that cause headaches, dizziness, and irritation to the skin, eyes, nose, and throat.
• Pool cleaning products: Many pool cleaning tablets can be mistakenly consumed by pets or children. They contain the chemicals sodium hypochlorite and alkyl ammonium chlorides, which have been linked to difficulty breathing and a burning sensation to the eyes, skin, nose, and throat.
• Weed killers: Weed killers tend to contain the chemicals diquat, 2,4-D, and glyphosate that can cause skin irritation if not washed off properly after use.
• Insect repellents: Insect repellents may contain a chemical called DEET that has been linked to cancer, even if you use the product as intended. The chemicals in insect repellants have also been linked to mental confusion, loss of coordination, anxiety, and behavioral changes.
• Roden control baits: Rodent baits contain a chemical called warfarin that may cause internal bleeding if ingested.

While most of these items come with proper warning labels and instructions so that you use them safely, they may cause injuries even if you follow all directions. If you purchased a defective cleaning supply item, then do not use it. Store it in a safe place away from children and pets, and contact a lawyer immediately to determine your next steps.

What Are Warning Labels Supposed To Do?

Warning labels are an important part of identifying a potentially dangerous or defective item. The American National Standards Institute (ANSI) is the organization responsible for regulating safety symbols, producing safety signs and labels, and maintaining safety rules and regulations. In 2002, the company updated its standards to ensure that the warning labels and signs on products are easier to read, illustrate all possible safety risks with pictures, and offer a more detailed explanation of potential dangers.

The ANSI states that a warning label should inform the consumer of existing hazards, the severity of risk involved when using a particular product, levels of the potential danger, and how to avoid these risks. Warning labels should be highly visible to consumers and positioned in a way that’s close to the area that may be hazardous. Labels should be made with the product’s typical setting and life expectancy in mind. The ANSI has designed a series of three colored-coded words to alert the consumer to potential dangers linked to a product:

1. Red: This color signifies danger and an impending hazardous event may end in serious injury or even death
2. Orange: This color indicates a warning that a potentially dangerous accident may occur, ending in serious injury or death
3. Yellow: This color indicates caution that a slight or moderate injury may

Product manufacturers must include red, orange, or yellow labels on their items along with a description of the potential hazard so that users know exactly how to use it without getting hurt. The color code labeling is supposed to be laid out in a square shape on a white background to make it more visible. Then, underneath the color keyword, this section should include two panels that include a symbol or a picture (such as a red circle with a slash through a potentially dangerous way of using the product). This section is designed to send a clear message that the product should not be used in certain ways.

A warning label should help consumers answer the following questions:

• Is this product likely to cause any harm?
• Is the product being used in the way it was intended?
• How serious is any potential harm if used incorrectly?
• What knowledge does the manufacturer assume the consumer has about this product and how to use it?
• How much does the label of the product rely on the knowledge and experience of the user to use it correctly?
• Is the warning label simple to read and easy to understand?

What Are Defective Household Product Damages?

‘Damages’ is a term that refers to the sum of money that is paid to a plaintiff in a lawsuit. It’s intended to compensate them for losses due to an illness or injury, but it can also be to punish the defendant for something they did wrong. In the case of a defective product, ‘damages’ means that you are entitled to money for your injury or illness from the manufacturing company.

There are many different types of damages, but all damages are defined by a dollar amount that the defendant (the manufacturing company) must pay the plaintiff (you). In a personal injury lawsuit, damages are ordered by a jury or judge after a verdict is decided in court. However, compensation is collected by the plaintiff through a personal injury settlement. It’s important to estimate your damages in a product liability case upfront. If your injuries are minor and you're not entitled to a lot of compensation, then it might not make sense to spend the time and money on pursuing your claim.

Also, keep in mind that smaller damages mean that you will be less likely to find an attorney to represent you. In the case of a defective household product, it’s helpful if the product has been known to cause widespread problems. This will make it more likely for you to find legal representation because lawyers know they’ll be more successful in your case. Also, if you suffered substantial damages, then you’ll want to classify them before filing a lawsuit to ensure you get the full value from your claim. All damages fall into one of two categories: punitive and compensatory.

What Are Compensatory Damages?

Compensatory damages are otherwise referred to as actual damages. They are designed to pay the plaintiff for their injury or illness caused by a defective product to restore the injured person to the condition that they were in before the incident occurred. Compensatory damages work by assigning a dollar amount to the value of the accident or injury that the plaintiff incurred due to the defective product.

It’s not always possible to make the plaintiff whole again or restore their health to the way it was before the accident. This may occur when a permanent injury, death, or serious illness occurs due to the defective household product. However, compensatory damages provide a lump sum of money that is determined to be equal to the value amount of the incident. The two types of compensatory damages include 1) those that cover economic losses and 2) those that cover non-economic losses. We’ll explain them more in-depth below.

Economic Losses

Economic losses are otherwise known as special damages or monetary losses. They refer to property that the injured person may have lost due to the accident. Generally, these losses are easier to prove in court because they tend to be easy to spot and require less proof. You might find that it’s easier to get compensation for economic losses than non-economic losses, but it’s still a good idea to have an attorney represent you, especially if your case goes to court.

Here are some examples:

• Medical expenses: this includes bills and medical costs from the hospital, doctor, physical therapist, pharmacy, and other medical-related expenses. If your defective household product injury requires ongoing care, then it’s a good idea to ask for compensation for future medical bills as well.
• Loss of profit or wages: if your injury caused you to miss work, then you will want to ask for money to compensate you for the loss of wages. Also, if your injury will prevent you from working in the future, then ask for loss of future profit or wages.
• Property repair or loss: if the injury you sustained from a defective household product was responsible for destroying your property, then you can ask for compensation to repair or replace it.
• Disability: if your injury or sickness caused you to change your lifestyle in any way, then you may be able to ask for compensation to make these adjustments. For example, if you have to hire someone to do household chores for you after your injury or you have to move to assisted living due to a loss of mobility, then you can include these costs in your claim.

Non-economic Losses

Non-economic losses are also known as general losses. Generally, non-economic losses are harder to define. Examples of non-economic losses include physical and emotional suffering, such as pain and suffering and loss of consortium. If your case goes to court, then a jury or judge will need to assign a dollar amount to your non-economic losses. This may require you to provide more proof, such as medical bills for a psychologist due to postpartum therapy or costs covering antidepressant medications. Here are two examples of non-economic losses:

• Pain and suffering: if your injury or accident caused you to experience loss of enjoyment of life, then you may be entitled to compensation for pain and suffering. It’s hard to attach a dollar amount to pain and suffering. However, many personal injury cases consider this part of your entitlement for losses. An attorney can look into the amount that similar cases to yours have received for pain and suffering in the past. This will give you a better idea of your potential compensation, including the size of the reward that you are entitled to.
• Loss of consortium: if your injury or illness negatively impacted your relationship, then you may be able to collect for loss of consortium. This type of disability is also known as ‘loss of society.’ It includes the injury’s impact on everything from your sex life with your spouse to emotional support and loss of affection. Most of the time, your spouse may also have to file a claim for loss of consortium.

What Are Punitive Damages?

Unlike compensatory damages, punitive damages are designed to make the injured person feel whole again after an injury or illness. They are meant to punish the defendant for their mistakes and to deter future mistakes from others in the future. Punitive damages are sometimes used to set an example. It’s not uncommon for juries to call for punitive damages against manufacturers in high-profile cases.

For example, in 2020, a jury in New Jersey ordered Johnson & Johnson (J&J) to pay $750 million to four people who claimed that their mesothelioma was caused by the asbestos baby powder made by J&J. The jury also claimed that J&J hid the fact that their product contained asbestos. Also, in 2019, a jury ordered Roundup producer Bayer to pay $2 billion (later reduced to $86.7 million) to a couple who developed non-Hodgkin’s lymphoma after they used Roundup for over 30 years.

What To Do If A Product Has Been Recalled

A product can be recalled by the manufacturer if a regulator, consumer, or manufacturer finds out that there are safety issues or possible defects that could cause in injury. Most of the time, recalls are used to protect the public - and the entire line of a product of certain batches that have problems with them will be removed from the market.

The majority of product recalls are voluntary, meaning that companies recall a product after finding out that there is a safety concern or defect. However, in some cases, another party - such as a regulatory agency - will issue a recall and pull that product from shelves or the manufacturing process before it even reaches stores.

Here are some of the most commonly recalled products:

• Medications: Medications are recalled due to side effects or risks that might not be stated on the label, or there is a manufacturing error that may pose a threat to the patient’s health.
• Food items: Food is often recalled because of possible contaminations - such as listeria or salmonella - as well as undeclared ingredients or the presence of a foreign object.
• Children’s food and products: Children’s products are recalled due to safety reasons, even when using the product as intended. Examples include toys, furniture, and clothes that have safety risks and choking hazards.
• Vehicles and vehicle parts: Vehicles and their parts are recalled due to safety reasons or if a part of the vehicle was found to not work properly.

It’s not always easy to know when a product is recalled. Pulling recalled items from their shelves is the responsibility of the store that carries these items. However, in some cases, the stores do not pull them in time before a customer buys a recalled product. If you purchase a product and register it through the manufacturer, then you may get a notification that the product is recalled by the manufacturer. If your vehicle or a vehicle part is recalled, then you may be sent a notification via email or snail mail by the National Traffic Safety Administration (NHTSA) or the car’s manufacturer, such as Ford or Chrysler.

You can also find recall information on the CPSC website. The organization will post this information for consumers to view and search for possible recalls that may be linked to products they own. If you subscribe to the CPSC website, they will even send you an email notification when a product recall occurs on one of the products you purchased, registered, or own. Another helpful website that lists product recalls is Recalls.gov. This website lists recalls for consumer products, medications, cosmetics, environmental products, food, motor vehicles, and boats.

If you find that one of the products you bought was recalled, then follow the instructions provided by the company that contacts you. Many times, the manufacturer or retailer will provide instructions on what to do next. The first step is usually to stop using the product. Then, depending on the nature of the recall, you may be eligible for a replacement or refund. Many companies will offer to repair the defective product, replace it with a new one, or send a refund.

If the defective product injured you and it has not been reported defective yet, then call a lawyer immediately. Your lawyer can also contact the CPSC to report any products that are unsafe. Keep in mind that the CPSC may or may not investigate your report. However, it’s always a good idea to document that you have reported your injury as this will help your case if it goes to court. If they decide to investigate, the CPSC will contact you to confirm whether or not the information you provided is accurate. They will also inform you on how they plan on using your information. If you list a manufacturer in your report, the CPSC will forward your report to them and you may hear from the manufacturer regarding the defective product that injured you.

What To Do If You Have Been Injured By A Defective Product

If you have been injured due to a defective product, then the best thing to do is to call a personal injury lawyer right away. Although you do not need to hire a lawyer, it’s in your best interest to do so. Personal injury lawyers are trained professionals who know how to represent you in a court of law. They will handle the insurance company for you and will speak on your behalf to a product manufacturer whose product injured you so that you don’t have to.

A personal injury lawyer will also know your state’s laws and statute of limitations in regards to the timeframe that you need to file a claim. Hiring a lawyer can be the difference between a successful defective product claim case and a non-successful outcome. They will protect your rights and get you as much money for your injuries as possible. Product injury claims are especially hard to prove by yourself because they require that you prove that the product was defective at no fault of your own. A lawyer can help prove that you were injured because of the way the product was made or advertised and not because of user error or another mistake.

What is the Statute of Limitations?

The statute of limitations refers to the maximum length of time you have to take legal action against a potential claim or injury. These time limits vary from state to state. For example, if you live in Michigan, then you have three years from the date you were injured to take legal action against a defective product. No states currently have a statute of limitations of less than one year. Some have two and others have three or four.

If you are injured from a defective household product, then don’t wait. Taking action right away can help ensure that your claim is valid. Waiting too long may be a red flag to insurance companies and they may try to disprove your claim. If the statute of limitations in your state has expired, then keep in mind you may still be able to file a claim in another state, such as where the company is located. A personal injury lawyer can help make sure you file a claim within your state’s statute of limitations.

It’s usually fairly easy to determine when your time limit runs out if you have been injured by a defective product. For example, if you were injured by a defective knife and the statute of limitations in your state is two years, then you have two years from the date in which you injured yourself to take legal action or file a claim. Keep in mind that some injuries may not present themselves until weeks, months, or even years after an accident. This may include if you develop lung inflammation from inhaling a defective chemical product. If this is the case, then it might be harder to detect the injury date. However, this information is still crucial when it comes to when you can file a claim for a defective product.

Most of the time, there are two dates that matter when it comes to filing a defective household product claim: when the injury occurred and when it was discovered. In most states, the statute of limitations begins when the injury date occurs. If you discover the injury after the statute of limitation runs out, then you may not be able to file a claim. However, in other states, the statute of limitations only starts when the injured person realizes that they have been injured. States that have an injury-discovery rule will begin the statute of limitations on the date that your symptoms began.

Some states will begin this timeline on the date on which you should have noticed your injury or symptoms. In this case, the statute of limitations may begin even if you have not discovered your injury yet. For example, if your lungs were damaged due to inhaling a defective chemical product, and you develop a cough but don’t go to a doctor for several months, then a court of law may decide that the statute of limitations started when you first developed the cough instead of when you went to the doctor. In other words, the sooner you file your claim, the better.

What is Product Liability?

Product liability is when a retailer, manufacturer, or seller of a product is held responsible for allowing a defective product to reach the customer, even if the customer was negligent in buying the product knowing that it was defective. For example, if a company does not pull its products from store shelves after several people have been injured from it, and a customer still buys it knowing the risks, then the company is legally responsible.

State laws are responsible for determining who is responsible for a dangerous or defective product. Although the manufacturer is usually found responsible, all parties involved in the distribution chain may be held responsible for product liability, including the store that carries the item knowing it’s dangerous. These state laws may vary because they are based on a set of commercial statutes that are modeled after the Uniform Commercial Code, which is a set of rules all states must follow when it comes to product liability.

What To Know About Product Liability Laws

If you’re looking to collect financial gain from an injury due to a defective product, then you will need to make you can prove the following:

• The product was defective and possessed unreasonable dangers to the consumer
• The defect caused an injury while it was being used in its intended manner
• The product was NOT changed in any way from how it was originally sold

Here are some things that can reduce the amount that you receive for a product injury claim:

• You knew that the product was defective and decided to use it anyway (for example, if you bought an item after being made aware of its defect, then the court may decide not to grant you full compensation)
• Your state’s statute of limitations are preventing you from collecting optional funds, such as if you did not file a claim for your injury within the time your state says that you have
• You mishandled the product or ignored warnings on the product’s label and this caused your injury (due to the product breaking or becoming defective due to your actions)

Some product defects are created because they are mishandled or tampered with. You will need to prove that you did not tamper with the product or cause it to become defective in any way if you are trying to prove that the manufacturer is liable for your injuries. Also, keep in mind that all parties related to the distribution of the potentially dangerous product may also be held accountable, including the following:

• The retailer who sold the product that injured the customer
• The wholesaler
• The company that made the parts that put together the product
• The company that assembled the product
• The product’s manufacturer

This means that there has to be a contract agreement between the supplier and the injured party. However, at the time of this writing, any person who could be injured by a defective product may collect for their injuries.

Types of Defective Product Claims

Defective product claims usually fall into one of three categories: strict liability, negligence, and breach of warranty.

Negligence

Negligence claims refer to a type of product liability law that includes design errors, failure to warn customers of potential dangers linked to a product, and careless mistakes in the manufacturing process. Any person involved in the distribution, design, or manufacture of a product can be held responsible because they have a duty to make sure the product is safe.

If the people who are responsible for these things do not exercise reasonable care and their actions result in your injury, then they can be held responsible for their negligent actions.

Strict Liability

Whereas negligent claims require proof that someone along the distribution line acted irresponsibly to cause injury, strict liability claims can hold a supplier or retailer responsible for defective product injuries regardless of proof. If a product is determined to be dangerous to the public, and someone is injured as a result of the product, then this is enough proof to file a defective product claim against the manufacturer under strict liability laws in a court of law.

Breach of Warranty

Breach of warranty is a term used to describe what happens when a company violates its own warranty or safety promise to the customer. Under product liability laws, claims that pertain to breach of warranty may occur when a manufacturer or retailer breaks either an expressed or implied promise to the customer that the product in question is safe to use and defective-free.

What Do I Need To Know Before I File A Product Liability Claim?

Anyone who has been injured by a defective product can file a claim. Common injuries include broken bones, lacerations, burns, brain, and spinal cord injuries, and even wrongful death. If you have been injured by a defective product, such as a motor vehicle, a prescription drug, or construction equipment, then you can file a claim - but you’ll need to prove your injury. This is where an attorney comes in handy because they will know how to prove your claim.

For example, an attorney can collect medical records, hospital bills, and photographs to prove that the injury happened. These items can also prove when the injury happened as well as the extent of the injury, which can impact how much money you’ll receive as compensation. An experienced attorney can also provide evidence that the injury happened. Most of the time, the defective household item itself is the primary piece of evidence. You will need to provide the item to the insurance company so that they can inspect it and determine what caused your injuries. Sometimes, the defect may be obvious, but this is not always the case.

If your case goes to trial, then an attorney will be crucial because they can provide expert testimony to prove that your injuries were caused as a direct result of the defective product. You can also represent yourself - or, in the case of wrongful death - a loved one can represent a deceased family member. However, it’s much better to have an experienced attorney who can present evidence to a jury or judge so that they can evaluate the evidence and provide a verdict.

Do I Need Legal Representation For Product Defects?

If you or a loved one has been injured due to a manufacturing defect, dangerous product, or design defect, then contact a law firm for legal advice today. Product liability lawyers have been trained in the defective product injury area of law and they can help you get the maximum compensation you deserve for medical bills and pain and suffering. Most product defect lawyers will provide a free consultation where you can determine if they are the right attorney for you.

If you decide to file a product liability claim, then it’s important to hire a good lawyer who can see you through this process. This is especially true if you plan to file a claim against a big company that has lots of money and resources to shut down your claim. Experienced product liability attorneys know how to handle these big companies and will use their professional education and law training to ensure that you get treated fairly. They’ll go over your legal options and provide a free case evaluation when you meet with them.

Here are some things to look for when picking out a personal injury attorney:

Experience in Defective Product Cases

Make sure that the personal injury lawyer you hire has experience in defective household product cases. These strict liability cases require a lawyer who has specialized knowledge in this field because they are different from other personal injury cases. Unlike car accidents, defective household products put you up against major companies and corporations that have the power to quiet your case.

A lawyer with experience in defective products will know how to get you compensation for things that are hard to prove or assign a dollar amount to, such as pain and suffering and mental anguish. When you meet with a potential lawyer to determine if they are right for your case, ask them to show you examples of cases similar to yours that they have won in the past. Also, be sure to ask them how they plan to handle your case to increase your likelihood of winning.

Good Client Relationships

In addition to picking out a lawyer with experience, you’ll want to make sure your lawyer has good client relationship skills. You will likely be spending a lot of time with this person and your personalities will need to match. Be sure your lawyer speaks to you in a respectful fashion and does not talk down to you or brush off your case as just another one they have to work with. Your lawyer should make you feel like the priority. It’s a good idea to do research on your lawyer to see if there are any reviews about how they treated past clients.

Availability

Sometimes the lawyer that you meet with upfront is not the same lawyer that will be assigned to your case. If your lawyer works for a firm, check to make sure that you will be getting the same lawyer throughout your case. Otherwise, you may be working with a team of lawyers, especially if your case goes to court. While there are some advantages to having a team of lawyers, some people prefer to work with one person who knows their case extensively. To get the personalized attention you need, be sure that you’ll be working with the lawyer that you meet upfront. Also, be sure your lawyer has time to see your case until the end or if it goes to court.

What Information Will Help My Defective Product Claim?

If you are injured by a defective or dangerous product, then you will need to have documentation. It’s important that you keep paperwork and items that prove your injury and help you recover damages. The first thing you’ll want to make sure you have is your receipt. This is important because it shows that you purchased the product from a specific retailer - and they may be held responsible for selling you the product.

However, keep in mind that you can still sue a retailer even if you were not the one who purchased the defective product or was hurt by it. If you don’t have a receipt, then there are other ways to prove that a retailer stocked defective products and made them readily available to the public, such as by taking pictures. A lawyer can most certainly assist you with this by informing you of your rights, even if you were not injured.

Here are some other things you and your lawyer can do to help your defective product claim:

Document the scene of the accident

If you were injured, then seek medical attention right away. If your injury was not that serious, then consider documenting the scene of the accident. Take pictures of the defective product and where you found it. Also, take pictures of how the product injured you, what you were doing when it injured you, and how you were using it. Make sure there are obvious signs that can prove the location of the defective product in stores - such as a Target sign in the background with a date and time stamp of the photo.

You will want to take a picture of the front of the product, especially if there are noticeable signs that it’s damaged. If you were injured and had to go to the hospital, then contact a lawyer right away (or have a loved one do it) and he or she can acquire this documentation for you. You may also want to collect documentation or witness statements and contact information from anyone who saw you get injured or can act as a witness to confirm that the defective products were on display. Again, your lawyer can do this for you if needed. Collecting all of this information might seem tedious, but it will help your case if it goes to court and increases the likelihood that you won’t have to settle for a low offer.

Save all copies of medical bills and records

You will want to save all copies or obtain documentation of your medical expenses, including doctor’s visits, any medication you were prescribed, and any costs that you had to pay for as a result of the injury or accident. Also, be sure to document lost wages and any time that you had to take off from work to go to the doctor or recover from an injury. It helps to write down how many days of work you had to miss. This will help assign a dollar amount to your injury.

Document all correspondences with the insurance company and retailer

Keep a copy of all correspondences you have with the insurance company, retailer, and anyone you speak to about your claim. This information will be useful if your insurance company refuses to cover all of your injuries or tries to claim that you did not properly inform them of the information needed to settle your claim. Keep copies of emails, text messages, faxes, and even written conversations with all parties involved in your claim.

FAQs

Q: How common are defective household product injuries?

A: According to the CPSC, defective or unsafe household products account for about 29.4 million injuries and around 21,400 deaths each year. Additionally, within the United States alone, approximately $700 billion is spent every year on property damage, injuries, and deaths due to consumer product injuries. If you are concerned that your case will be just another number or that you can’t stand up to a large corporation if you were hurt by a popular name-brand item, then call a lawyer today to get the legal help you need to take action and increase your success.

Q: What are the most common defective products?

A: Some of the most common defective product liability cases over the past decade have involved injuries or illness due to exposure to pesticides and other chemicals used at home. You may experience an injury or illness due to lawn and garden products or cleaning products that you use every day. Over time, these household items may cause injury in the form of coughing, a heart condition, or even cancer. Other common examples of items that can hurt you at home include injuries from food, medicine, medical devices, pharmaceutical drugs, children’s toys, cleaning supplies, industrial and heating machinery and equipment, and kitchen appliances.

Q: Who is held responsible for defective product injuries?

A: Anyone involved in the making or selling of a defective product can be held responsible. This includes a manufacturer, seller, or retailer - and anyone who played a role in making the defective item available to the public. This is otherwise known as product liability, which refers to holding the responsible party accountable for placing the defective product into the public’s hands where an injury could occur. If your case goes to court, then the judge or jury may find anyone in the distribution chain liable for your injury - from the company that made it to the store that sold it to you. 

Q: Can I sue for a defective product?

A: Yes, you can sue for a defective product as long as you can prove one of three things. First, you must prove that you used the item in its intended way and not for any other purpose - yet you were still injured. Next, you must prove that the product was defective. Lastly, you must prove that the defective product caused your injuries. You can prove these by providing pictures and medical records to show that you sustained damages or losses due to the product. If you hire a lawyer, then he or she can track down medical records and other paperwork for you.

Q: Can I sue Amazon for a defective product?

A: If you buy a defective product off Amazon, then you may be able to sue them. Until recently, Amazon was protected from product liability, meaning that it could not be held responsible for selling a defective product. However, recently, a federal court law stated that customers can sue Amazon if they are injured from a defective product they bought on the website. As mentioned above, you may have to provide proof that you were injured from the product you say you were.

Q: What makes an item defective?

A: A defective product is defined as an item that does not perform the way it was intended to, which results in an injury. A defective product could cause damage due to a design defect or a manufacturing flaw, or it could be due to improper warnings to the consumer about potential dangers. Sometimes, a product becomes defective because it was designed wrong. Other times, it might be defective because there was a flaw when it was made or distributed. The product could have been damaged when it was shipped. If you suffered an injury from a product after using it properly regardless of warnings, then it could be deemed defective.

Q: What should you do if an item you bought is defective?

Sometimes we don’t always notice that a product is defective until after we purchased it. If this happens to you, then stop using the product immediately and check your receipts to identify where you bought the item. Take the item back to the store and return it - then contact a lawyer immediately. Be sure to document the entire process, including when you bought the item, when you noticed it was defective, whether the store took it back or not, and any symptoms you may have. Your lawyer should be able to better assist you when it comes to returning a defective product and holding the appropriate parties responsible for their negligence - as well as any damages you may incur along the way

Q: What does the law say about defective products?

A: According to the Consumer Rights Act 2015, consumers who purchased a faulty product are eligible for a full refund in most cases as long as they are returned within a fixed period, such as 30 days. It’s best to hang on to your receipts for instances like this where you may not notice that a product is defective until after you bring it home. Sometimes, a company may be able to locate a receipt for you if you did not keep a copy. If you have any questions at all about the process of returning a defective product, then contact a personal injury lawyer who can better assist you and inform you of your right.

Q: Is food poisoning considered a defective product?

A: The number of product liability cases that involve food poisoning is on the rise. Food-related injuries, such as food poisoning, are considered product liability actions, meaning that you can sue for food poisoning as a defective product. If you got sick due to a food item you purchased at a store, then you could file a claim against anyone in the chain of distribution for this product, including the manufacturer, retailer, and anyone who helped get it in your hands.

One of the biggest challenges in food poisoning cases is proving that the defective food caused your injury or illness. Most of the time, food will have been thrown away or eaten by the time the injury or sickness occurs. It’s hard to collect evidence or samples from defective food to prove that your injury was due to bad food. This is why it’s important to hire a product liability attorney if you suffered from food poisoning. They will know how to collect evidence to prove your injury or illness, even if the food in question has been eaten or thrown away.

Q: How do I know if I need to file a class-action lawsuit?

A: You can file a product liability lawsuit alone or as part of a class-action lawsuit - as long as the defective product injured a larger group of people the same way that it injured you. In the case of a product liability class action lawsuit, only a few people will represent thousands of people who were injured the same way they were. It’s a good idea to file or join a class-action lawsuit if the amount of money each person would get on their own is not enough to cover their medical expenses. Most of the time, class action lawsuits are not used when someone has suffered severe or unique injuries. You can talk to a lawyer about how to file or join a class-action lawsuit.

Q: How can a lawyer help in a defective product liability lawsuit?

A: An experienced product liability lawsuit lawyer can help you collect damages that pertain to your case. For example, your attorney may be able to get you money to reimburse you or pay for medical costs - both now and in the future - lost wages, pain and suffering, and emotional anguish. While it’s possible to file a lawsuit without an attorney, hiring an attorney can make the process much easier for you. An attorney also ensures that you’re more likely to win your case and gain maximum compensation so that you don’t settle for less than what your injuries are worth. Keep in mind that it’s easy for medical bills to spiral out of control if you suffered a serious injury, with treatments exceeding far longer than you previously thought. A personal injury lawyer can secure future payments for you to make sure you’re compensated correctly.

Q: Can I sue a retailer for a defective product?

A: Yes, you can sue the retailer - and anyone involved in the distribution chain of the product - for a defective item. This is because when a retailer lists an item for sale, it’s responsible for ensuring that the product is safe before it’s made available to the public, even if they did not create the product or manufacture it. Additionally, you can sue the retailer even if you weren’t the one who bought or used the defective product from them. You may also be able to get compensation for used products, depending on your state law and the nature of the defect.

The post How Defective Household Products Cause Injuries appeared first on LA Lawyers.

In this extensive guide, we will discuss what to look for in a motorcycle accident attorney. The best motorcycle accident lawyers tend to be personal injury lawyers, but there are several things you’ll want to keep in mind before hiring one. We will also discuss the types of motorcycle accident injuries and how insurance companies view motorcycle accidents. Read on to learn more about motorcycle accident injuries and how a motorcycle accident attorney can help.

When To Get A Motorcycle Accident Lawyer

The aftermath of a motorcycle accident can be traumatic for many people. Motorcycle accidents are never expected, and they may lead to injuries that can completely change your life. Injured victims must juggle their physical recovery while also caring for their mental health and this can be more than enough for most people to handle. Additionally, many victims are unsure about meeting with a personal injury lawyer to discuss the accident, either due to their lack of knowledge about the legal system or their already overwhelming post-accident responsibilities.

Anytime you are involved in a motorcycle accident, you should always get a motorcycle accident lawyer. While you don’t always need to call a lawyer the day after a motorcycle accident, it’s a good idea to do it as soon as possible. If you wait too long to contact a lawyer for a motorcycle accident, you could risk losing your legal right to get money for the losses that you endured because of the accident. Contacting an attorney right away after the accident happens ensures that your rights as the victim will be protected and you will have the best chance at receiving compensation.

Although there is no rush to find a lawyer within hours or even days after a motorcycle accident, keep in mind that an experienced lawyer can help you start the process of filing a claim immediately after. Even if you are not sure that you need a claim or if you don’t think you’re injured enough to call a lawyer, it’s a good idea to do so anyway.

An experienced motorcycle accident lawyer can help you fight for your right as an injured person, and the sooner you call them, the sooner they can help you get your entitlements. For example, a personal injury lawyer will gather evidence about the motorcycle accident and start to negotiate with the insurance company on your behalf. They will also prepare for trial if the insurance company doesn’t want to pay you what you deserve.

What is the Statute of Limitations For Motorcycle Accident Claims?

If you are not familiar with the legal term used to describe the statute of limitations, consider it a timeline in which injured people are eligible to take legal action after an accident. This timeline varies depending on the state you live in and the type of claim you follow. For example, in some states, the statute of limitations allows motorcycle accident victims to take legal action up to four years after the day of the accident. You will need to check with your state to see what the statute of limitations is.

There are very few exceptions or circumstances that will allow you to take legal action after the statute of limitations. Therefore, you’ll want to keep in mind that you need to file a claim or speak to an attorney right away after an accident so that you don’t run into problems with your state’s statute of limitations. Otherwise, you might not be able to pursue compensation for accident-related losses after this time expires. The best way to ensure that you’re eligible to speak to an attorney is to contact one as soon as you get hurt.

Also, keep in mind that if you are injured in an accident, you do not need legal representation to file a claim for damages that occurred during a motorcycle accident. If you started the process within your state’s statute of limitations, you have the right to pursue a motorcycle accident claim and gain compensation for your medical losses.

However, filing a motorcycle accident claim yourself without legal help can be tricky. This is because the legal process is hard to navigate. The best way to make sure that your legal rights are protected and increase your chances of winning a large settlement, then it’s a good idea to speak to an attorney right away and allow them to handle this portion of your motorcycle accident for you.

Some people need to make their physical and mental recovery a priority after a motorcycle accident. It might seem like you don’t have time to call a lawyer, but doing so ensures that the legal part of your crash will be handled while you focus on healing. Additionally, an experienced personal injury lawyer can reduce the stress associated with a motorcycle accident.

Hiring a lawyer right away can help ensure that you see the case settle and that you don’t have to drag it out. Some people wait until they make a full recovery, and while that’s OK sometimes, keep in mind that this might mean that you’ve surpassed your state’s statute of limitations. Hiring a lawyer makes it easier for you to obtain the medical documentation and gather evidence early enough to settle your case.

How Soon Do I Need To Report A Motorcycle Accident Injury?

After you get into an accident, you may want to take advantage of free consultations with several lawyers no matter what your legal plans are. This will help you understand what options you have, even if you do not follow up on them. In some cases, finding a lawyer and filing a claim is a pressing matter. There are certain situations in which you will want to find a motorcycle attorney right away. We’ve outlined some situations in which you will want to call a lawyer right as soon as possible if you have been in a motorcycle accident:

     1. If you have suffered severe injuries.

Calling a lawyer is one of the first calls you will want to make immediately following a motorcycle accident if you have suffered severe injuries. This is because the more severe your injuries are, the more expensive your case will be. Additionally, severe injuries take a long time to heal, meaning that you may need compensation to account for this longer than usual recovery time frame. These two factors alone can make the legal process complicated after a motorcycle accident and may require you to hire a lawyer immediately.

When you have more severe injuries, you will likely need to pursue more compensation, which can extend your motorcycle injury case. Some cases do not even begin until after the victims have recovered physically. Therefore, the worse your injuries are, the longer your case takes. An experienced personal injury lawyer can help speed up this process so that you get the money you need to pay for ongoing medical treatments while you are healing. It also takes the stress off you so that you can focus on healing while leaving the legal aspects of your case to your lawyer.

     2. If you have suffered permanent or life-threatening injuries.

You should call a lawyer immediately after sustaining permanent or life-threatening injuries from a motorcycle accident. If you are not physically able to do this, have a family member or loved one do this on your behalf. This is because life-threatening or permanent injuries will require life-changing circumstances, and you will need to be represented by a legal professional to handle daily medical treatment or other expenses that have arisen due to your motorcycle accident. A lawyer can prove to a court that you have sustained life-changing or permanent injuries so that you get the compensation you need to help support your new way of life.

Remember that no one plans for an accident to happen. It’s your right to get help when you are the victim of a motorcycle accident. A lawyer can help you make ends meet while you are setting up medical treatment for your permanent injuries. They can also help make sure you are compensated and that your family won’t suffer if you suddenly cannot work. Call a lawyer (or have a family member call for you if you are injured and unable to make the call) if you suspect you have permanent injuries after a motorcycle accident.

     3. If you missed several days of work due to the accident.

It’s common to miss a few days of work after you were in a motorcycle crash. Many people use this time to see a doctor, file a police report, or handle motorcycle repairs. However, if your accident caused you to miss more than a few days of work, then you should call a lawyer as soon as possible. A motorcycle accident attorney can help you get compensation for lost wages due to your accident if you had to miss work because of an injury. However, contacting an attorney right away is important because they will be with you every step of the day and can ensure that you will get the most money possible. So, don’t wait to call a personal injury lawyer.

     4. If you don’t know who is responsible for the accident - or if you think multiple people are responsible.

Most of the time, it’s obvious who is responsible for a motorcycle accident, such as when a driver pulls out in front of a biker. However, it’s not always obvious in some cases. If you are unsure who is responsible for a motorcycle accident, then it’s in your best interest to call a lawyer. It’s also a good idea to contact a motorcycle attorney if you think multiple people are responsible or there is shared fault.

An experienced motorcycle attorney can help you determine who caused your accident. They can help you prove when someone else is responsible and that you are not at fault. If you are at fault for a motorcycle accident, then getting an attorney can also be beneficial as they can help guide you through the legal process so that you’re not paying money out of pocket.

     5. If the insurance company is being difficult to work with.

Insurance companies do not want to pay any money if they do not have to. They rarely offer a fair settlement for survivors of a motorcycle accident, even if you have been seriously injured. If the insurance company you are dealing with gives you any trouble at all or if they are purposely delaying your claim in hopes of forcing you to settle for less, call a lawyer right away. A lawyer can help ensure that the insurance company does not take advantage of you. Lawyers know the law and they know how insurance companies will try to scam you out of money. Don’t let them.

What Can A Motorcycle Accident Attorney Do For Me?

Even if you feel like you already have a good grasp on legal matters, it may all change once you are involved in an accident and need professional guidance. An experienced motorcycle accident attorney can help provide you with legal advice that allows you to seek the most compensation for your crash. Also, an attorney can explain how the process of filing a legal claim works. Keep in mind that it’s not always easy to file a motorcycle accident claim. While the process isn’t impossible to do by yourself - and there is no law stating that you have to get a lawyer to file a claim - a motorcycle accident attorney can make the process so much easier!

This is because different accidents may require different legal actions. Your attorney might be able to help you determine whether or not your case is likely to settle in court. No matter what path you choose to take after a motorcycle accident, an experienced personal injury lawyer can help you determine your best action plan. You don’t even need to take the attorney’s advice. However, meeting with one after an accident provides you with options you didn’t have before.

For example, a qualified motorcycle accident attorney can answer questions you have about your claim - and many times, they will do this for free. Keep in mind that there is a reason why lawyers have to spend so many years in school! They have a lot to learn about the law and the legal system in America, and this takes time. Most people do not know how to file a legal claim, collect compensation, or other processes that are involved with a motorcycle accident. It’s very common to have questions about the legal system, and lawyers are there to help you. It’s also best to at least console a professional attorney anytime you have questions instead of looking this information up online yourself, which can be wrong and may lead you down the wrong path.

Here are some other ways in which a motorcycle accident attorney can help you:

     1. They will investigate and document your motorcycle accident case.

A motorcycle accident attorney’s job (should you hire one) is to gather the facts and evidence pertaining to your individual crash and use this information to provide the truth. A lawyer can help you gather the paperwork, documentation, and information required to strengthen your case and increase your settlement compensation. Lawyers are trained to take several steps to prove their client’s innocence during a motorcycle crash and ensure proper treatment.

Here is what a lawyer should be able to do for you:

• Gather police reports and other documents required to prove your case to the insurance company
• Speak to insurance companies, vehicle and motorcycle manufacturers, and repair companies on your behalf
• Collect evidence from the crash scene, such as photos and witness statements
• Contact witnesses, review video footage in the surrounding area, and determine fault
• Collect and evaluate your medical documents and present this information to the court     

     2. They will handle the insurance companies for you.

If you’re in a motorcycle accident and sustained serious injuries, the last thing you’ll want to do is deal with the insurance companies. An insurance adjuster's job is to find ways to avoid paying you, even if you are entitled to compensation. Most people don’t realize that a motorcycle accident doesn’t always mean you will go to court. Some people will receive compensation from the insurance company after a motorcycle accident without entering a claim into the legal system at all. While it’s possible to settle a claim with an insurance company after an accident without a lawyer, it’s not always a good idea.

This is because it can be very hard to negotiate with the insurance company by yourself. You may be able to work with your own insurance company since you are paying for their service, but it can be very challenging to work with someone else’s insurer if they are at fault. The opposing insurance agency will likely try everything to get out of paying you, and this is why having a lawyer is handy. It’s very common for insurance agencies to try to lowball motorcycle accident survivors with settlement offers. They will also drag out your settlement so long that you will take anything they offer you. Your lawyer knows the law and will be able to fight the insurance company so that they offer you a fair settlement in a reasonable amount of time.

     3. They will be able to file a claim for you.

If your motorcycle accident requires you to file a claim, then it’s imperative to hire a lawyer. While it’s not required by law to get a lawyer to represent you in court, it’s a very good idea. It’s very likely that your motorcycle accident case may need to go to court if you cannot settle with the insurance agency. If hired, an experienced motorcycle accident attorney will stand by you every step of the way if your case goes to court, which can be a long and confusing process. A good lawyer will be able to file a motorcycle accident lawsuit on your behalf. They will also take care of all legal aspects and speak on your behalf in court, ensuring the best possible outcome.

     4. They can represent you in court.

If your motorcycle accident claim doesn’t settle out of court, and the insurance company refuses to pay what your claim is worth, then you might have no other choice but to take it to court. Motorcycle accident attorneys don’t just help you file a claim or lawsuit. They will also represent you in court. If you hire a motorcycle accident lawyer, you will not have to go through the trial process alone. In fact, your attorney will help provide you with the legal direction you need to make the most of your case. Keep in mind that it’s rarely ever a good idea to represent yourself in court. Some experienced legal professionals do, but even then - they may work with a lawyer.

     5. They can help ensure that you recover properly.

Think of your motorcycle accident as a long-term investment. The best way to ensure you will have time to heal is to focus on yourself while your lawyer deals with the insurance company and other legal aspects of your claim. It’s hard to recover properly if you are always worried about the legal aspects of your claim or accident. Keep in mind that the word “recovery” does not just refer to physical healing either. It refers to your mental and financial recovery as well. The best way to free up your time so that you can concentrate on the healing process is to hire an attorney. This will allow you to focus your energy on getting better.

What Type of Lawyer Handles Motorcycle Accident Cases?

Some people think that anyone with a law degree can help you with your motorcycle accident case. However, this is not always true. Attorneys that work in fields other than personal injury cases should not be used for your motorcycle accident claim. This is true even if you hired an attorney before and you enjoyed working with them. Just because they were able to help you last time does not mean that they are a suitable pick for your personal injury case. It’s always best to make sure your motorcycle accident attorney is a personal injury lawyer.

A common mistake that many people make when filing a motorcycle accident claim is that they look for help from an attorney that does not specialize in motorcycle accidents or personal injuries. For example, an attorney who specializes in criminal defense is not always qualified to help you with your personal injury case. This is because these are two separate areas of law, and each lawyer is trained in their respective fields. Hiring a personal injury lawyer for your motorcycle accident claim is the best way to ensure that your attorney will have the skill level needed to provide value to your case.

Keep in mind that due to the complexity of the various legal fields, attorneys have to spend years learning the specific processes, rules, and nuances of their field to master them. Some attorneys that work in fields other than personal injury law may think that they know this area of law, but they will not be able to handle your case with the same expertise as a lawyer who was trained specially in personal injury. Think of it this way - you wouldn’t see an eye doctor for a heart condition. So don’t see anyone other than a personal injury attorney for your motorcycle accident! Doing so might cost you a settlement or you may lose your case if it goes to court.

The other thing you’ll want to remember is that you should look for a motorcycle accident attorney - not a car accident attorney. Just because you’ve found a personal injury lawyer doesn’t mean that they are a jack of all trades. It’s best to find someone with experience in taking motorcycle cases. Some personal injury lawyers have experience in car accidents but not motorcycle crashes, and while this can seem like it doesn’t matter, there are several key differences when it comes to knowing how to handle your case properly. An attorney who is trained in motorcycle accident claims will always be able to help you better than someone who has only worked with car accident victims.

Motorcycle Accident Attorney vs. Car Accident Attorney: What’s The Difference?

Getting in an accident is scary no matter what type of vehicle or motorcycle you’re operating at the time. Injuries that occur due to an accident on the road can cause you to pause your life while you recover and try to figure out how to pay for medical expenses. Many people assume that a motorcycle crash is handled the same way as a car crash, but this is not always true. Additionally, it’s imperative that you find an attorney who specializes in motorcycle accidents and not car accidents as there is a fundamental difference between these two cases, and hiring the wrong attorney could cost you the case.

Here are some reasons why you need to hire an attorney who specializes in motorcycle accident cases and not just any personal injury lawyer:

     1. Motorcycle riders are unfairly judged.

It’s unfortunate that motorcyclists are stereotyped and unfairly judged as being reckless when this is simply not true. In fact, the opposite is usually true as motorcyclists are often safer drivers because they do not have access to phones while riding and are constantly looking out for distracted drivers. However, not all accidents are avoidable, especially when you are on a motorcycle.

Keep in mind that if your case goes to court, you may face jurors who have unfair stereotypes against bikers based on past experiences or stereotypes. An experienced motorcycle accident attorney can help overcome this unfair judgment by exposing biases toward motorcyclists during jury selection to eliminate jurors that may be biased and prove that you are a responsible driver.

     2. Jurors do not have a basic understanding of motorcycles.

Many jurors do not have a basic understanding of motorcycles and how they are driven. They also do not know how riders are supposed to react to situations on the road. This means that if your case goes to court, you’ll need a motorcycle accident attorney who can explain to uninformed jurors the basic rules of riding and what happens on the road. A juror needs to fully understand who is at fault during a motorcycle accident and distinguish between the different degrees of responsibility for injury compensation.

Therefore, it’s important to hire a motorcycle accident lawyer who can explain to the jury the fundamental knowledge of safe motorcycle riding practices. For example, your lawyer can explain that speed creates stability on a motorcycle because the jury may think that speed is a form of reckless driving if they are not familiar with motorcycle practices. An experienced motorcycle accident attorney can explain this and other rules of the road to the jury to help prove your case.

     3. Motorcyclists suffer from more serious injuries.

Motorcycle accidents tend to lead to more severe injuries for the rider because there is limited protection on a bike. For example, a car has doors and airbags to protect the driver during a collision. Motorcyclists are often exposed to the elements of the road and they have no protection if they get into an accident. In many cases, permanent and serious injuries occur as a result of a motorcycle accident. Therefore, hiring a motorcycle accident attorney who specializes in these types of injuries is crucial to have if you get into a crash and need help.

It’s especially important to hire a motorcycle accident attorney if you suffered from road rash because this is a type of injury that is more common in riders. Road rash can lead to broken bones, bruises, sprains, and many other serious conditions as a result of the rider coming in contact with the road while in an accident. A motorcycle accident attorney can properly calculate the money you will need for treatment from road rash and other injuries.

     4. Insurance companies are biased against motorcyclists.

Insurance companies tend to have stereotypes against motorcycle riders, just like jurors do. Many people who have been injured in a motorcycle accident seek the help of a motorcycle accident attorney because they realize that the insurance company is not acting fairly and has unfair assumptions against riders. For example, if you are partially at fault for the accident, the insurance company will try to deny your claim. They will do anything they can to NOT pay you, even if you need medical help, and are entitled to compensation. Some states claim that a motorcycle accident victim is entitled to compensation even if they are partially responsible for the accident.

A motorcycle accident attorney can make sure you are being treated fairly by the insurance company. Attorneys are trained to understand the obstacles that occur when it comes to proving fault in a motorcycle accident, and they have the skills to overcome these challenges. The bottom line is that you should not make the mistake of thinking that a car accident attorney can provide the same value as a motorcycle accident attorney if you are in this type of accident.

What To Look For in a Motorcycle Accident Attorney 

There are several qualities you will want to look for in a motorcycle accident attorney. The first thing you’ll want to determine is whether or not the attorney has time for you. This might seem like a given. However, some personal injury lawyers may have a lot of clients at the time and may not be able to communicate with you or give you the time you deserve. For example, if you contact your lawyer, how soon should they contact you back? If your lawyer doesn’t have time for your case, then it doesn’t matter how qualified they are.

You will also want to make sure that the lawyer you hire is the one you will be working with. Some large law firms may have you meet with their most experienced lawyer initially, but then they will have interns and other inexperienced lawyers work on your case. Anytime you meet with a lawyer, especially one from a big law firm, always confirm that the lawyer you want will be the only one working your case and that you won't have a team of lawyers working for you - unless that’s what you prefer!

You may also want to ask your lawyer if they have time to represent you in court if it goes that far. The last thing you want is to work with one lawyer and then have a completely new lawyer for your court hearing. There are lots of motorcycle accident attorneys out there, so don’t be afraid to interview a few before finding one you like. Many of them will offer a free consultation or at least chat with you on the phone. This is a good time to ask a few questions before sitting down to meet with them. You’ll want a lawyer with experience, drive and focus, and proven results.

Here are some things to look for in a lawyer:

• Experience: This quality is a given. The more experienced your motorcycle accident attorney is, the more likely they will be able to win your case and get you the settlement you deserve. Be sure to hire a lawyer who has had many years of experience and can prove that they have satisfied customers. You may even want to ask them to provide references of motorcycle accident victims that were happy with their service. Always be sure to hire a lawyer who can prove that they know the legal process and has seen success with winning court cases in the past - even if you don’t suspect that your claim will make it that far!
• Good reputation: It’s important to find a lawyer with a good reputation because it can tell you just about everything you need to know about them, including how they will represent you legally. You can usually do some homework online about your lawyer to determine how other people - including past customers - talk about them. Most people don’t want to work with a lawyer who has a bad reputation as this may negatively impact their case.
• Positive personality: If a lawyer treats you like you are just another case for them, then this is a red flag. Be sure to choose a lawyer who has a personality that matches your own or what you expect from them. If your lawyer seems overly aggressive or argues with you, then this is a sign that you should pick another lawyer. There are tons of motorcycle accident lawyers out there and there is no need to settle for one who makes you feel like you are not important because they have a big head. Be sure your lawyer’s personality meshes with yours so that you can develop a winning case. You should treat the process of finding a good lawyer like you would treat finding a new employee.
• Focus and drive: Even if your lawyer is experienced and has been working in the motorcycle accident field for a long time, you still want to find one that is driven and focused on success as if it were their very first year at it. Keep in mind that it takes focus and drive to see continued success. The legal field is very hard to navigate, and it takes a special type of lawyer to see results year after year. If your motorcycle accident attorney doesn’t seem to have the focus and drive needed to put together a strong case for you, then find another lawyer.

Keep in mind that many lawyers offer a free consultation to determine if they are a good fit for your case. It’s a good idea to meet with several attorneys to find the right one for you. Be sure to ask specific questions about how they plan to handle your case and what makes them different or more successful than other lawyers. Also, be sure to ask if they have the time to work with you or if they will need a team of lawyers to handle your case. It’s a good idea to make sure your lawyer is on board if your case does not settle out of court and requires a trial. You should treat any free consultation with a lawyer like a job interview. If they talk down to you or make you feel like your case is not a priority to them, then find a new lawyer who treats you better!

Common Types of Motorcycle Accident Injuries

Riding a motorcycle can be a very dangerous way to get around. It doesn’t matter if you are very careful riding and have taken every precaution possible. There are some situations in which an accident is unavoidable; even if you have done everything you could to stay safe. Most motorcycle accidents involve another vehicle. It can be hard for many drivers to see you on a motorcycle simply because they are distracted and are not looking or watching the road.

Additionally, many drivers only seem to pay attention to oncoming cars and not necessarily bikes, making you (as the motorcycle rider) even more of a target. Any time you are involved in a motorcycle crash, you should call a lawyer - even if you did not sustain serious injuries. This is because your injuries may become worse over time, as many injuries take a few days to become noticeable. The insurance company may find it suspicious if you did not take legal action right away after being hit by a car. You may even feel fine after an accident only to realize that your back or neck hurts a few days later and you need to take time off work for medical help. 

Here are some of the most common types of motorcycle accidents injuries:

• Spinal cord injuries: Spinal cord injuries are one of the most common types of motorcycle accident injuries. If your spinal cord was injured due to the impact during the collision, then it can cause paralysis (quadriplegia or paraplegia). This type of injury usually leads to permanent disability for the victim. Other spinal cord injuries may occur that do not lead to paralysis. While these injuries may not be as serious or cause permanent losses, you should call a lawyer anytime your back was injured in a motorcycle crash.
• Brain injuries: Traumatic brain injuries (TBI) is a type of injury that commonly affects motorcycle accident victims. According to one study, 15 percent of helmeted riders and 21 percent of un-helmeted riders suffered from TBI. Additionally, TBI victims accounted for 54 percent of motorcycle riders who died in an accident.
• Lower extremity injuries: Lower extremity injuries are very common in motorcycle accidents as motorcycle riders have limited protection surrounding this area of their body. According to one study, lower extremity injuries were more common in motorcycle accidents than any other type of injury. Leg injuries are the most common type of lower extremity injury among motorcycle accidents. The study also found that bone fractures were more common than soft tissue injuries.
• Internal injuries: Internal damage may occur in motorcycle accidents when the driver experiences blunt-force trauma, which is a blow to a part of your body that does not cause external bleeding or break the skin. Internal injuries may also occur when there is penetration trauma, or when something sharp (such as debris or broken glass) penetrates the skin in an accident and causes damage to your tissues and organs. These types of injuries are not always easy to spot at the time. This is why it’s a good idea to get a medical checkup after a motorcycle accident to rule out internal bleeding.
• Road rash: Road rash occurs when a motorcycle rider comes in contact with the road surface during a crash. This may occur whether they came in contact with someone or another car. It can also occur if a motorcycle rider had to swerve to avoid hitting a car and came in contact with the road. Road rash refers to the serious skin abrasions that occur from a motorcycle accident. The severity of road rash may vary, but you will want to seek immediate medical attention if you are hit on your motorcycle as they may become infected or lead to permanent scarring. Road rash compensation should be covered when you seek a settlement from your motorcycle accident claim.
• Fractures: Fractures are common in motorcycle accidents because bikes are not stable upright. This means that they tend to fall over during an accident and they may land on the rider’s leg or another body part, resulting in a break or fracture. Crashes tend to happen very quickly and the rider’s leg can get trapped underneath a motorcycle during an accident. Wrists and arms are prone to breaking as riders may try to hold their arm out to break their fall.

How is Fault Determined in a Motorcycle Crash?

When you first speak to a motorcycle accident lawyer, they will want to determine who is at fault. Your lawyer will do this by going over the motorcycle crash in detail to see who is responsible, including going over witness statements, police reports, photos from the scene of the accident, security video footage, and more. The lawyer will also strongly rely on you to recall the exact details of the event. Calling a lawyer while these details are fresh in your mind is the best way to prove that you are not at fault. Contacting a lawyer right away also means that you’ll have a better chance of collecting the evidence you need for your case.

Here are some examples of situations in which your lawyer can help prove that you were not at fault for your motorcycle crash:

• Tailgating: Tailgating occurs when another driver is driving too closely behind you. Tailgating is extremely dangerous when two cars are involved. However, motorcycle riders lack walls and airbags, making tailgating an even more dangerous situation. Whether another car was tailgating you on purpose or by accident, a lawyer can help prove that you should not have to pay for damages.
• Left-turn accidents: According to a study conducted by the National Highway Traffic Safety Administration, drivers turning left in front of motorcyclists were found to be responsible for 36 percent of motorcycle accident deaths. If a vehicle pulls out in front of you - regardless of whether it was a left turn or not - you should contact a lawyer right away to help prove that the other driver was at fault.
• Bad road conditions: Motorcyclists are more likely to be hit or injured when the roads are bad, such as when there are large potholes, debris or objects in the road, construction materials, or steep shoulder and road drop-offs. If you were injured due to bad road conditions, then the state or local agencies may be responsible because they failed to keep the roads clear and safe for drivers. 
• Lane change accidents: Improper lane changing is a common cause of motorcycle accidents, and the damages can be very severe for the motorcyclist. If a driver makes a sudden lane change without checking their blind spot and hits you, then they may be at fault for the accident. Your lawyer can help prove that the other driver was distracted and did not properly check their surroundings before changing lanes.
• Drunk driving: If a driver hits you because they are drunk, distracted, or drowsy, then a motorcycle crash attorney will be able to determine that they were at fault. Because motorcycles are smaller than cars and they have limited protection, motorcyclists can become seriously injured by someone else’s negligent behavior, and they should be held responsible so that you get the compensation you need to recover and they don’t do this to anyone else. Drunk driving should not be tolerated in any situation or crash.

Keep in mind that after a motorcycle crash, you (as the motorcyclist) will likely be viewed as the person at fault. This is because insurance companies will look for many reasons to call you a careless or reckless rider. If the insurance company finds that you are at least partially responsible for the accident, they will try to deny you a settlement or compensation for your accident. However, hiring a lawyer is the first step to proving that you were not at fault. A motorcycle accident attorney can also help you stand up to the insurance company when they try to claim that you are at fault or contributed in some way to the accident.

How Much Does A Motorcycle Accident Attorney Cost?

Motorcycle accidents often leave those who have been hit with serious injuries, which means high medical fees as well as weeks, months, or even years of missed work. The thought of hiring an expensive lawyer might seem like something you can’t afford. However, keep in mind that a lawyer can help you get as much money from the insurance company, making them an investment you can’t afford NOT to make. Additionally, lawyers do not cost anything upfront.

This is because motorcycle accident lawyers work on something known as contingency. Working on contingency means that the lawyer only gets paid if they win or settle your case. If your lawyer wins your settlement or a monetary reward from the insurance company, then they will take a percentage of what you win as their fee. This means that you will never have to pay them out of pocket, and the money that a lawyer makes always comes from the settlement offer, which is great motivation for your lawyer to work as hard as they can for you!

If the motorcycle accident attorney does not win your case, then there is no fee for you to pay them. This allows you to focus your efforts on healing and recovering from your accident without having to worry about how you’re going to afford your lawyer. It also ensures that your lawyer will work extra hard because the more money you settle on, the more money your lawyer makes. The contingency fee - or the amount your lawyer takes from your settlement money - may vary depending on the lawyer and law firm they work for. However, most motorcycle accident lawyers will take between 33.3% and 40% of whatever you win.

In some cases, a motorcycle accident attorney will use something called a sliding scale for their contingency fee that may vary depending on what you use your lawyer for. For example, if you only need your lawyer for a small task, such as sending a demand letter, and they settle your claim very early on, then they may only charge a small amount on the lower end of the sliding scale. However, if you file a motorcycle accident lawsuit and your case goes to trial, then your attorney may charge the full amount of 40% as it will take up a lot of their time.

If you’re wondering how much it costs to hire a motorcycle accident attorney, don’t assume anything as each lawyer may have different rates. Be sure to ask about their fees and what they will take from your settlement when you meet with them during your free consultation. Some attorneys may charge for small details that you will need to pay out of pocket even if your lawyer does not win a settlement for you. This is because there are legal fees associated with gathering evidence, such as fees for the following:

• Police reports
• Filing fees
• Medical records
• Expert witness fees
• Transcripts
• Postage fees
• Court reporter fees
• Investigators
• Other fees

Most of the time, your lawyer will cover the costs of these fees as they pop up. Then they will deduct this from your settlement when they win your case. However, some lawyers will charge you for these fees upfront, which is rare - but you’ll want to ask your lawyer how they handle these fees before they pop up. Get a clear understanding of how your lawyer handles fees when you meet with them during your free consultation so that they don’t become a problem later on. Also, you will want to find out how your lawyer will handle these fees if your case is not settled. Will you have to pay them? Does your attorney waive them? Be sure to ask these questions as you could be left paying for them out of pocket.

How To File A Claim After A Motorcycle Accident

After a motorcycle accident, there are two types of claims you can file. The first is a personal injury claim. In many states, motorcycle riders are not required to have personal injury protection (PIP) insurance like cars. Therefore, if you get hurt in an accident, you will likely need to file a personal injury claim against the other driver’s insurance company to cover the costs of your medical expenses and time off work. Also, if you have Med Pay coverage, then you can file a claim with your own insurance company to help cover medical expenses.

Personal injury claims are designed to help you collect on damages caused by injuries you sustained during the accident. This may include money to help pay for medical bills, permanent injuries and scarring, lost wages from having to take time off work to see a doctor, physical pain and suffering, emotional and mental distress, and future anticipated losses, such as having to see a doctor several times a week for treatment.

The second type of claim that you can file after getting into a motorcycle accident is a property damage claim. If you have collision insurance, then you can file a claim with your own insurance company to help cover any property damage to your motorcycle. If you do not have collision insurance, then you can file with the other driver’s insurance company. This is why it’s important to hire a motorcycle accident lawyer as working with the other person’s insurance company can be difficult and they will try everything in their power not to pay you.

A property damage claim can help you get compensation for damage sustained to your motorcycle during the accident. You can also file a property damage claim to cover the cost of towing for your bike (from the scene of the accident), rental car expenses if you need to rent a car temporarily, and any damage to personal items that may have been involved in the accident, such as your phone, laptop, or other electronics that may have been damaged during the crash. Keep in mind that sometimes an insurance company will decide that it’s cheaper to replace your motorcycle than to fix it. This decision is made based on the bike’s fair market value.

When you’re ready to file a claim, you’ll want to start by gathering as much information about your case and accident as possible. If you hire a lawyer, then they can do this for you. The information that your lawyer collects will serve as evidence for your claim. It will help demonstrate that you deserve the full amount of compensation. Your lawyer will also communicate with the insurance company and at-fault parties to file a claim on your behalf. Hiring a lawyer is essentially the best way to file a claim because this ensures it will be done properly.

FAQs

Q: What can a motorcycle accident attorney do for me?

A: You might wonder if hiring a motorcycle accident attorney is worth it. Most people would welcome legal help from a trained professional, but they worry about lawyer fees. However, as we mentioned above, there is no upfront fee associated with hiring a lawyer. In other words, attorneys do not get paid until they win your case.

Hiring a motorcycle accident attorney can help protect you from the insurance company. This is because insurance companies want to make sure that they pay you as little as possible. They will try to blame you for the claim (even if you were not at fault), claim that your injuries are not that bad or did not result from the accident, or offer you a lowball settlement after dragging your case out for so long that you’ll accept anything. However, if you were not at fault, then you should not have to pay for the costs. Insurance companies do not care about this. They are only concerned about making money and they are trained to look for ways to pay you less.

A motorcycle accident attorney is trained to protect you from insurance companies and they can protect you from being taken advantage of or bullied by them. They do this by building a strong case for you by gathering evidence and negotiating with the insurance company when they try to offer you less than what your accident is worth. Hiring a lawyer means that you will have legal help every step of the way and you will not have to pay your attorney until they win your case. 

Q: Can I collect damages from a “minor” motorcycle accident?

A: Yes, you can collect damages from a motorcycle accident that did not cause major injuries. This is because most motorcycle accidents involve a “pain and suffering” component. Pain and suffering can be harder to prove than physical injuries like a broken arm, but it doesn’t mean it’s not real. Pain and suffering refers to physical and/or emotional stress caused by an accident. It’s just as important as the physical injuries that go along with it. For example, if a motorcyclist was burned as a result of the accident, they could collect money for the pain and suffering due to the burn itself, the treatment of the burn, the discomfort it caused, and any limitations it imposed on the rider’s life. The motorcyclist would also be able to collect money for the stress endured and any limitations with being permanently scarred or injured as a result of the burn.

Q: How is pain and suffering determined?

A: Because there is no standard rule for calculating pain and suffering, it’s not easy to define a clear method that insurers use. Many insurance companies will calculate pain and suffering by looking at the severity of the injuries in your accident and how permanent they are. For example, you might be entitled to more money for pain and suffering if you break several ribs than if you just bruised your arm. This makes sense as broken ribs would cause you more pain and suffering than a bruised arm. Typically, the more severe your injuries are, the more you’ll get for pain and suffering. Insurance companies usually multiply the sum of medical bills between one and five to determine pain and suffering. Your attorney will need to use their best judgment when estimating your pain and suffering. You may need to have your attorney explain and justify any pain and suffering claims you make in a demand letter to the insurance company.

Q: Why can’t I hire any lawyer for a motorcycle accident crash?

A: Hiring a motorcycle accident attorney - and not just any lawyer - is important because it means that your lawyer has legal training that specifically pertains to motorcycle accidents. Don’t assume that just because someone is a lawyer, they will be able to successfully handle your motorcycle accident claim if they have no experience in this area. Not all personal injury lawyers have experience in motorcycle accident claims, and this could cost you the case. For example, an experienced motorcycle accident attorney knows that speed is stability on a motorcycle, and they can use specific information like this to defend you in court. Remember that just because you had a lawyer in the past doesn’t mean they will be able to represent you this time. If you are in a motorcycle accident, then it’s best to work with an attorney who specializes in this area.

Q: What are the most important qualities to look for in a motorcycle accident attorney?

A: There are several things to look for in a motorcycle accident attorney. First, you will want to find an attorney near you who specializes in motorcycle law. You may see an advertisement or commercial for motorcycle accident attorneys on TV, but some of them may be located out of state or several hours away from where you live. If you hire a firm that lives out of state, they will usually refer your case to another firm near you, meaning that you might be stuck with a lawyer that you know nothing about. Finding a motorcycle attorney in your city or state means that you will be represented by a lawyer who knows the courts and judges in your area, and you’ll have better luck winning your case.

You’ll also want to ask questions to make sure the lawyer you pick specializes in motorcycle accidents. Not all personal injury lawyers handle motorcycle accidents. This is important because there are many differences between a motorcycle accident injury and other injuries - such as injuries from a car crash or work-related injuries - especially if you suffered from road rash. Be sure to ask questions to make sure your lawyer is experienced in motorcycle accident crashes.

Next, make sure your lawyer has time for you and demonstrates a good personality. You can ask around to see if your lawyer has a good reputation, which is an indication of a good work ethic. If the lawyer talks down to you or argues with you during your free consultation, then it’s a good indication that the two of you won’t get along for the legal journey. It’s also a good idea to make sure the lawyer you meet with is the one you’ll be working with for the duration of the claim. Ask questions to make sure that you’ll be working with them and not one of their co-workers. Also, make sure they have time to represent you if your case goes to trial.

Q: How long does it take a motorcycle accident claim to settle?

A: A motorcycle claim can take several weeks or months to settle, depending on several factors. In some cases, the insurance company will settle your claim out of court within a somewhat timely manner, such as a few weeks. However, this is not always the case. Insurance companies do their best not to pay you and they are notorious for dragging out cases until you become so desperate that you settle for less than what your claim is worth. Hiring a motorcycle accident lawyer can help speed up the process so that the insurance company does not try to take advantage of you. A motorcycle accident attorney can also help you if your claim does not settle out of court. Keep in mind that a motorcycle accident is much different than a car accident. There are many factors to consider and this can take longer than usual to settle your claim.

Q: What is the most common motorcycle accident?

A: The single most dangerous situation for a motorcycle rider occurs when a car makes a left-hand turn in front of them and hits them. These collisions make up about 42% of all accidents involving a motorcycle and car. They occur when the car that is turning hits the motorcycle rider when they are going straight through an intersection or passing the car. Left-hand turn accidents are also common among car accidents, but motorcycles are small in size - making them more vulnerable to becoming seriously injured during these accidents. Motorcycle accidents may also occur when the motorcyclist is trying to pass a car and they change lanes without looking. It’s almost always the driver’s fault if they hit a motorcyclist while trying to turn left. However, if the motorcyclist was speeding or was trying to pass a car in the wrong lane, then they may get less compensation for their injuries.

Q: How is a motorcycle accident settlement paid out?

A: Compensation for a motorcycle accident settlement can be paid out as a series of payments or as one large lump sum. The terms and conditions of a structured settlement can be changed to meet the needs of the motorcycle accident victim. However, once these terms are agreed upon, they cannot be changed. For example, if you agree to have your payment all at once, then you can’t change it to a series of payments over time once the terms have been settled.

If you choose a lump sum payment, then you’ll get to choose how you want to invest your money. Keep in mind that your payout is tax-free, but you will be taxed on any money you make if you invest it. Structured settlements don’t allow you to invest the money all at once, but they can be broken down to help meet the present and future needs of your family. Before choosing, you may want to consider your money management skills and long-term goals. If you think that you may misuse the lump sum, then opt to get your money in structured amounts over time. This can also help with budgeting to pay bills as they come up and not having to rely on a lump sum.

Q: Do I have to pay taxes on my motorcycle accident settlement money?

A: You will not have to pay taxes on money that you receive as part of an insurance claim settlement. This is because the IRS only taxes money you make as part of income, which is defined as money that results in you having more wealth than before. The purpose of a motorcycle accident insurance claim is to help you recover from the accident, meaning that you should only get enough money to make you whole again or return you financially to what you were worth before the accident occurred and you had to miss work. For example, if you receive a substantial payment from the insurance company to fix your wrecked motorcycle or pay for medical bills from numerous doctor visits, then it would not be taxable. However, if you invest your money and receive a profit from it, then that money is taxable.

Q: Can you get PTSD from a motorcycle accident?

A: Post Traumatic Stress Disorder, or PTSD, is common among motorcyclists who were in a severe accident. This condition is characterized by re-experiencing, flashbacks, nightmares, and thoughts about the accident that may cause the motorcyclist to become afraid of riding or being on the road again. Other symptoms of PTSD may include difficulty remembering the event, emotional numbness, depression, guilt, or avoiding certain actions and events. Motorcyclists with PTSD may become easily startled, have trouble sleeping, and become edgy or extremely angry.

Most of the time, PTDS falls under the category of pain and suffering. If you think you may have suffered PTSD from a motorcycle accident, then talk to a motorcycle accident lawyer about how they might be able to help. You may be eligible for compensation, even if you did not experience any other injuries from your crash. Proving emotional damage is a bit harder than if you have a physical injury. Because of this, you may want to hire a motorcycle accident attorney who knows how to prove in court that you are suffering from PTSD and require compensation for medical treatment, which is just as important as healing from physical injuries.

Q: Does disability cover motorcycle accidents?

A: If you have been in a motorcycle accident, then you should seek immediate medical attention, even if you think that you did not sustain any immediate injuries. Motorcycle accidents can cause trauma that puts you into a state of shock, which can delay the feelings of pain that indicate you have an injury. Many motorcycle accident injuries do not become noticeable until hours, days, or sometimes even weeks after the accident. Brain trauma is an example of a motorcycle accident injury that is not always obvious, and it can only be diagnosed by a doctor. Immediate action is critical to prevent permanent brain injuries due to a motorcycle accident.

Most motorcycle accidents result in some sort of injury, including road rash, internal injuries, fractures, or pain and suffering. No matter how insignificant the injury may seem, proper medical treatment can help you avoid permanent disability after a motorcycle accident. Getting medical help after a motorcycle accident can also ensure you took proper measures after the accident, and - if your case goes to trial - this can be proof that you really are injured and will help you while filing for disability insurance. The first step to filing disability insurance is to make sure you are eligible. Be sure to record any information about the accident as soon as possible after it happens. Then you will need to file an application for disability or social security at the Social Security office, online, or through email. Your personal injury lawyer can help you with this.

The post What to Look for in a Motorcycle Accident Attorney appeared first on LA Lawyers.

While being injured in a car accident can create an immense financial burden, California injury victims have legal options that may help ease this burden. California law allows victims to pursue compensation for these types of losses if another party was entirely or partially responsible for their injuries. But is it worth it to hire a car accident lawyer? How much does a lawyer charge for a car accident case?

In California, most car accident lawyers charge their personal injury clients on a contingency fee basis. Essentially, a contingency fee is a percentage that an attorney takes from their client’s final compensation. In a pure contingency fee arrangement, the client pays no upfront fees or hourly fees. They only pay a percentage of their final settlement amount or jury settlement (in the event their case goes to trial). 

Below, we’ll take a more in-depth look at how attorneys charge for car accident cases. We’ll go over how contingency fees are different from other lawyer’s fees, how contingency fees work, and typical contingency fee percentages. At the end of this article, we’ll also answer a frequently asked question: is hiring a car accident attorney actually worth paying contingency fees? 

Contingency Fees vs. Other Legal Fees

When a lawyer is paid on a contingency fee basis, they don’t get paid legal fees unless they settle or win their client’s case. This can be extremely beneficial for an accident victim who is in need of legal representation. A contingency fee arrangement allows injury victims to easily pursue compensation for their losses, even if they can’t afford upfront fees in the wake of their accident. Contingency fees also create added incentive for an auto accident attorney to maximize their client’s settlement amount or jury winnings, as doing so will also maximize their final fee amount.

Notably, contingency fee arrangements are not the most typical fee arrangement used by lawyers. The most common fee arrangement used by attorneys is an hourly fee arrangement, in which lawyers charge their clients an hourly rate. Another common type of legal fee is a flat fee. For certain simple legal tasks, like creating a will or overseeing a real estate closing, a lawyer may charge a flat fee. 

While contingency fee arrangements aren’t the most common legal fee arrangement in general, they are the most common fee arrangement for personal injury cases like car accident cases. Lawyers generally wouldn’t charge a flat fee for handling an auto accident case. Then, an attorney could charge an hourly rate for taking on a car accident case, but this is much rarer than using a contingency fee arrangement. 

Contingency Fees and Case Expenses

Pursuing a car accident claim or car accident lawsuit can come with expenses. For example, a car accident case could involve filing fees, court fees, costs associated with serving summonses, costs associated with obtaining medical records and police reports, or expert witness fees. 

The accident victim is responsible for paying for the expenses associated with their case, but when and how these expenses are paid can vary. Some car accident attorneys may require their clients to pay these fees upfront as they come. Other law firms may decide to take on these expenses up front, then deduct them from your settlement amount. Then, some firms may even pay these fees outright and consider them a cost of doing business. 

Before you hire an auto accident lawyer, make sure you understand and are happy with how they handle case expenses. Also, be aware that, traditionally, lawyers take their percentage fee from your net settlement amount, which is the amount you receive after any case expenses are deducted. Some attorneys may try to take their percentage from the gross settlement amount pre-deduction, but be aware that this is not the norm. If you’re speaking to an attorney who wants to take their fee from your gross settlement amount, you should consider objecting and insisting on the standard net settlement percentage agreement. 

Typical Contingency Fee Percentage in a Car Accident Case 

So, it’s common for personal injury attorneys to use contingency fee arrangements. But what type of contingency fee percentage should a client expect to be charged? 

There’s no standard contingency fee percentage and every personal injury law firm can choose its own rate. With that said, between 25 and 40 percent is a typical range. A third, or 33 percent, is a very common contingency fee percentage. 

Note that some car accident lawyers will have a set percentage when handling any personal injury case, but others may have different percentages depending on case outcomes. For example, an attorney may charge a lower percentage when a car accident claim results in a quick personal injury settlement with an insurance company. That same attorney may charge a higher percentage if they need to take a case to trial to get a good outcome for their client. 

Is Hiring a Car Accident Attorney Worth the Cost? 

Generally, the more severe the car accident, the more worthy it is to hire a car accident attorney. If you’ve only sustained minor injuries in a fender-bender type accident, you may be perfectly happy negotiating with insurance company adjusters on your own. However, if you’ve been seriously injured in a car accident, you may be much happier with your personal injury case outcome if you hire a lawyer. 

An attorney who has an expert understanding of personal injury law can work to ensure that their client receives fair and appropriate compensation for their losses. When a victim has substantial costs associated with their injury, appropriate compensation from the liable party can be crucial for the victim’s financial recovery and overall wellness. An experienced auto accident lawyer can fight to make sure their client recovers compensation for their medical bills, lost wages, pain and suffering, loss of quality of life, and more. By working hard to maximize the settlement offer their client receives, a personal injury attorney can help their client obtain the resources they need to recover physically, emotionally, and financially. 

If you or a loved one has been seriously injured in a car accident in California, reach out to the expert personal injury lawyers at LA Lawyers Group today. A member of our law firm can provide you with a free case evaluation and help you understand your options. 

Call LA Lawyers Group at (213) LAWYERS now to receive your free consultation with our personal injury law firm.

The post How Much Does a Lawyer Charge for a Car Accident Case? appeared first on LA Lawyers.

However, this amount can depend on several factors, such as the state you live in, whether an injury was involved (either you or someone else), your age, what kind of car you drive, accident history, and more.

Many insurance companies offer incentives for being accident-free, such as safe-driving programs and accident forgiveness. These can help keep your auto insurance rates from going up after an accident, or at least help keep the rate to a minimum.

One of the best ways to save on car insurance is to compare insurance companies, even after you get into an accident. In this guide, we will discuss how much your car insurance costs increase after an accident, and what you can do about it!

How Much Will My Auto Insurance Rates Increase After An Accident?

The amount your auto insurance rates increase after an accident may vary depending on what state you live in. It also depends on who was at fault. If you get into an accident and you were at fault, then your car insurance rates may go up by 46% - an increase of $1,157 on average.

People who live in Michigan are the most likely to see their rates go up the most. In some cases, car insurance rates in Michigan will double after you get into an accident. Car insurance rates are least likely to go up as much if you live in Kansas, where the average increase is only 8%.

Your rates will increase even more if there was property damage of $2,000 or more involved. According to a four-state study, car insurance rates go up by 56% if you have an accident on your driving record that involves property damage of over $2,000. The study also indicated that rates only went up 47% if the accident involved a bodily injury claim. However, that’s still quite an increase!

Keep in mind that if you are NOT at fault for an accident, then your rates probably will not increase. However, this is not always true. Some insurance companies will increase your rate if you are involved in an accident and you are not at fault. After an accident, your state’s laws greatly influence your insurance rate.

This is why it’s always best to compare insurance rate quotes. A driver who was involved in an accident may be treated differently by each insurance company. If you have an accident on your driving record, then you’ll want to go with the insurance company that treats you the best!

Examples of Accidents That Increase Your Car Insurance Rates

Some insurance companies have standards when it comes to what qualifies as an accident. Most of the time, insurance companies will want to know who was at fault for the accident. Car insurance rates are calculated so that your insurance company knows how much they need to pay if you or your car, the passengers in your car, and others are injured in an accident. They also still want to make money from the services they provide.

Insurance companies know that they will lose money anytime they have to repair or replace your car. This means that they will charge you more money than what a particular accident is worth. For this reason, insurance companies will monitor your driving record to determine how likely you are to become involved in an accident, and they will adjust your premium based on how often you are involved in an accident.

The good news is that most insurance companies know that not all accidents are avoidable. Also, some are more severe than others and you should not be penalized for accidents that are not your fault. Each insurance company will adjust its rates differently. However, in general, insurance companies treat accidents similarly and they will adjust their prices based on the type of accident you have been in. Here are some common examples of accidents that could raise your rates.

     1. Single car accident

A single-car accident refers to an accident that involves just one vehicle. This might occur if you crash your car but don’t hit another vehicle. For example, if you hit a tree or drive off the road, then you are involved in a single-car crash.

Single car accidents don’t usually increase your auto rates too much because your provider does not have to pay for damage to another car. However, single car crashes can still increase your rates because the insurance company may think you are being an irresponsible driver. You may have to pay even more if you were injured in the accident.

     2. Minor multiple car accident

If you were involved in a car crash that was your fault, then it won’t be easy to get out of a car insurance rate increase. Most people are involved in a few minor car accidents in their lifetimes, such as parking lot collisions and fender benders. But even though these accidents may be small, you may still be penalized if you’re at fault.

Your car insurance premiums should not increase too much as long as the accident was not very serious. If the insurance company does not have to pay too much to repair the other car’s damage, then your rates should not go up much. However, if you have been involved in several multiple car accidents, even if they caused minimal damage, then your rates will probably go up.

     3. Major multiple car accident

If you are involved in an accident with someone else that caused major injuries and you are at fault, then your premium will increase drastically. This is because major accidents with another person require the insurance company to pay a lot of money. It also negatively impacts your driving history for several years.

If you do not have another major accident on your driving record within three to five years, then your rates should go back down to normal. However, there is no way to avoid a price hike if you were involved in an accident that caused serious injuries or damage to another person.

     4. Accidents that were caused by a DUI

The type of accident that will affect your premium the most includes one in which you received a DUI. In fact, your rates will increase if you get a DUI even if you were not involved in an accident. If you get involved in a car crash due to a DUI, then your car insurance rates will skyrocket.

This is because driving while under the influence is dangerous to you and everyone else on the road. You may even have a hard time finding a company to give you car insurance if you have numerous car crashes on your record that were due to a DUI.

     5. No-fault accident

A no-fault accident is one in which you are involved in an accident but did not cause it. Insurance companies know that even if you do everything right, you may still become involved in a no-fault accident. Most of the time, your car insurance rates will not increase if you were involved in a no-fault accident.

However, there are several states with no-fault car insurance, meaning that they do not assign fault for accidents and your rates will still go up despite not being at fault. States with no-fault insurance include:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah

If you live in one of these states, then your insurance rates will still probably go up even if you were not responsible for causing the accident.

     6. Hit and run accident

A hit and run accident occurs when you get in an accident with someone else and they leave the scene. Most of the time, someone else will hit you and then take off.

If this occurs, then you will not be held responsible for the accident and your rates will not go up in most cases. However, you will need to prove that someone else hit you and took off.

Car Insurance Rates After An Accident - By State

The following is a breakdown of how much your car insurance rates may go up after an accident by state. Keep in mind that these rates may vary by year, among other factors. Always consult your auto insurance company for exact rates and details.

What Insurance Companies Offer the Best Auto Rates After An Accident?

In addition to varying by state, your car insurance rates after an accident will depend on what insurance company you have. Some insurers are more forgiving than others. If you have been in an accident and your current insurance company has doubled your rates, then it might be a good idea to shop around. Not all insurance companies will double your rate.

Many car insurance companies offer some type of accident forgiveness. These policies usually mean that your insurance company will ignore or “forgive” your first auto accident and keep your rates the same. You may have to pay more for accident forgiveness or add this feature to your policy. But it’s worth it, especially if you have been in an accident before or you live in a state that is not very forgiving otherwise.

Some companies will automatically add accident forgiveness to your plan after so many years of clean driving, such as five or more years without an accident. State Farm is an example of an auto insurance company that will add on accident forgiveness after nine years of no accidents on your driving record.

State Farm also has the lowest rate increases across five of the largest insurers at just 24% after an accident that led to a bodily injury claim. Geico, Allstate, and Progressive went up at least 50% for full-time auto insurance coverage on average after an accident that caused an injury.

Some insurance companies have different standards when it comes to what constitutes an accident. This can affect how they raise your rates (or don’t) after an accident. For example, State Farm requires a claim to be more than $750 in the form of collision and liability coverage to be considered an accident. Also, the driver needs to be at least 50% at fault for it to be considered an accident. Geico has similar requirements with a $500 coverage limit.

This is important because not all insurers will raise your rates as high if there are special circumstances involving your case. Accidents can happen anytime, and you should not be penalized if the accident was not your fault. In some cases, you may have to prove that the accident was not your fault, but it’s worth it to preserve your low auto insurance rates (if you have them).

Here is a breakdown of the best auto insurance companies if you have been in an accident:

How Many Years Does An Auto Accident Stay On My Record?

If you got into an accident years ago, then it shouldn’t affect your current auto insurance rates too much. However, if the accident was recent, then your rates will likely go up immediately. Most of the time, your auto insurance rates will return to normal between three and five years after an accident. This allows enough time for the accident to be cleared from your record. Some companies will want to know that you have taken steps to become a safer driver since the accident, such as taking a safe driving course.

In most cases, your rates will increase by about 60% the next time your policy renews if you have been in a car accident within the past six months. This price hike will gradually decrease over time. The average auto insurance rate increase after an accident is about 47% higher than it was two years before an accident and only about 2.4% higher after four years. By about five years after your accident, your rates should return to normal again.

Auto insurance companies believe that drivers who are responsible for an accident and made a liability claim on their policy are more likely to make another one. This is why auto insurance companies tend to charge more if you have been in an accident. The good news is that the longer ago your accident was, the less likely your insurance rates will be affected.

Exceptions To The Rule: When An Accident Doesn’t Increase Your Insurance Rates

Most of the time, your insurance rates will go up after an accident. However, there are some exceptions to this rule that you should be aware of. For example, most insurance companies will not raise your rates as much if you are not at fault. However, defining what isn’t considered an accident can be complicated. If you were at least 50% at fault for the accident, then you may not have to pay more for car insurance.

However, if you are a new policyholder, then your insurance company may still decide to increase your rates even if you are only half responsible. The problem is that it can be hard for a driver to prove that they were not responsible for an accident.

State Farm states that a driver is not responsible for an accident if the following occurred:

• The policyholder was lawfully parked
• The policyholder was reimbursed by the person who was responsible for the accident (the person who hit you)
• The policyholder was rear-ended and was not involved in a moving traffic violation when the accident occurred
• The person who hit you left the scene of the accident (hit and run) and the accident was reported to the proper authorities within 24 hours
• The policyholder was not ticketed in relation to the accident and the other driver involved was ticketed
• The accident or damage was caused by something other than a person, such as birds, animals, weather-related events, or falling tree limbs

Keep in mind that insurance companies will look at the last three years of your driving record before your policy start date when determining your auto insurance rates. This means that if you were involved in an accident five years ago, it should not affect a new policy. However, this may only be relevant if you have been with an auto company for several years and you are enrolled in an accident forgiveness plan.

How Does a No-Fault Accident Affect Your Insurance?

Most of the time, drivers will see their insurance rates increase by 12% after a no-fault accident. However, this amount depends on the insurance company and state. For example, Oklahoma and California prevent insurance companies from raising care insurance rates if a driver gets into an accident and it was not their fault. As of 2017 - the most recent year that this data was available - State Farm does not raise their auto traits at all if you were in a not-at-fault accident.

Keep in mind that sometimes your insurance company may still have to pay for an accident that you did not cause. If you live in a no-fault state and your insurer has to pay for your medical expenses, they will probably raise your rates no matter who was at fault for the accident. Also, if you are hit by someone who is uninsured, your insurance company might not pay for the damages. This depends on your policy and what type of coverage you have. Your insurance company will take these factors into consideration when calculating your premium after an accident.

How Do I Prevent My Insurance Rates From Going Up After An Accident?

There may be some ways you can prevent your insurance from going up after an accident, even if you are at fault for the accident and cannot get accident forgiveness. This is because your auto insurance rates are calculated based on a wide variety of factors, and there are several things you can do to keep your car insurance premiums from going up.

• Ask about other discounts: Auto insurance companies tend to offer discounts for students who have good grades, policyholders with multiple policies, and for using a safe driving app. It never hurts to ask your insurance company for discounts that you may be eligible for.
• Ask to increase your deductible: This method might not be for everyone as it can lead to paying more later on, but you can always ask to raise your deductible if you are at fault for an accident. A higher deductible will lower your premium, but it may cause more out-of-pocket expenses later on. Ask to look at this as an option if you were in an accident and your rates increased.
• Ask to reduce your coverage: Not all insurance companies will allow you to reduce your coverage after an accident, and this is not the best way to save money, but it can certainly be an option if you’re trying to reduce your insurance rates. Opting for less coverage (if this is an option for you) is one way to reduce your rates. You still need to have the minimum coverage for your state, but there may be other ways to reduce coverage and save on your monthly fees.
• Shop around: Whenever you are unsure about your insurance rates or you are not happy about how much you’re paying, it’s always best to shop around. Different companies offer different rates - even if you have been in an accident. Don’t feel like you have to be locked in at a bad rate. Many companies understand that accidents happen! Different insurance companies may handle your situation differently, so look around.
• Boost your credit: Some states and auto insurance companies will look at your credit score when factoring in your rates. If you have good credit, it can help lower your auto insurance even if you have been in an accident. This isn’t always true for all states and insurance companies, but it doesn’t hurt to ask. Having a high credit score means you are trustworthy, and this should be taken into consideration when calculating your auto insurance rates, even after an accident.

You may also want to shop around to determine how different insurance companies calculate their premium. Make sure that no two quotes from different providers are the same. It also may help you to alter your policy. A good rule of thumb is to buy as much car insurance as you can afford. However, if there is a no-fault accident on your record and it’s preventing you from finding insurance that you can afford, then consider decreasing the amount of coverage on your policy. You may also increase the deductible to get a lower premium.

Some insurance companies may ask you to take a defensive driving course after an accident. This can be a good way to keep your rates down. Safe driver courses can lower your rates AND help prevent getting into an at-fault accident in the future. If you got a ticket or points on your license after an accident, you might be able to remove them by taking a safe driving course. In any case, practicing safe driving habits is always a good way to prevent your car insurance from going up - even if you aren’t being compensated or acknowledged for it by the insurer.

Can I Switch Car Insurance Companies After An Accident?

Yes, you can switch your car insurance after you have been in an accident. In fact, you can switch car insurance companies anytime you want, regardless if you have an accident on your record. You do not have to wait until your policy is up for renewal to switch, and you can also change insurance companies if you have an open claim.

There is no penalty for changing your car insurance company after an accident. However, you may have to pay cancellation fees from your current insurance company if you need to cancel your policy early. You are also less likely to save money by switching car companies right after an accident as your rate will include your latest accident. Keep in mind that although you can switch car insurance companies after an accident, you can’t escape having an accident on your record.

Also, keep in mind that if you are responsible for causing the accident, the insurance company that you had at the time of the accident will still have to handle your claim even if you cancel your coverage and change insurers. You cannot switch your insurance companies and expect to have the new company handle your claim. You may want to wait until your current insurance company handles your claim before switching companies.

If you switch car insurance companies on the day of your accident, it might be viewed as suspicious by potential insurers. For this reason, you may want to wait until the claim processes before switching. It may also be a good idea to wait until the insurance company settles your claim so you don’t have to deal with two insurance companies at once.

Also, remember that if you switch insurance providers, you will want to make sure you have a new policy in place before canceling your old policy. It’s always better to overlap your policies at least for a day or two to ensure you don’t have a gap in coverage. Gaps in your coverage will be viewed negatively by many insurance companies because they will assume you are an unsafe driver. It’s also against the law to drive without insurance coverage. If you are caught driving without insurance, it may result in a ticket and points on your license - and this can increase insurance rates.

Do I Need Accident Forgiveness?

Accident forgiveness can help keep your rates from going up after an accident. However, this is not always guaranteed. There are some instances in which your rates will still increase after an accident even if you have accident forgiveness, which makes it hard for some drivers to know whether accident forgiveness is worth the money.

Accident forgiveness is a feature that you can have added to your car insurance policy. It’s designed to help prevent insurance companies from raising your rates if you have been in an accident. Some insurance companies include accident forgiveness in your policy while others will make you pay extra for it. Some insurance companies may offer a combination package if you go with one that offers accident forgiveness. If your insurance coverage includes accident forgiveness at no cost, then there is no risk here. However, if you have to pay extra for it, you may want to consider the pros and cons before forking over the extra money.

Keep in mind that not every car insurance company offers accident forgiveness. There are also some states that prevent insurance companies from selling it - such as California. So, accident forgiveness might not even be an option for you, depending on your state’s laws. Also, keep in mind that there are limitations to every accident forgiveness policy. Most of the time, accident forgiveness coverage only applies to one accident per policy and not per driver on the policy. This means that if you share coverage with someone, accident forgiveness only applies to one of you (usually the policyholder), and you are only allowed one accident while your policy is active.

For example, Farmers Insurance forgives one at-fault accident for every three years that you go without an accident. Also, keep in mind that your accident will stay on your record even if you have accident forgiveness. So, while the insurance company might forgive you this one time and keep your rates the same, your accident will still show up on your driving record for three to five years. This means that other insurance companies can see this accident on your driving record if you decide to switch companies, which can affect your rate and ability to get accident forgiveness in the future from other insurers.

What Are Chargeable Accidents?

A chargeable accident refers to an accident that you are responsible for. It’s also known as an “at-fault” accident. Chargeable accidents are determined by the insurance company. They will investigate the accident and determine who is responsible. If they find that the accident is more than 50% your fault, then it may be a chargeable accident.

Chargeable accidents may also include damage to another person’s property, bodily injury, or death. Some chargeable accidents are as simple as a fender bender, but they can also be as serious as totaling someone else’s car. When an insurance company determines that an accident is chargeable, it will increase your premium. Some states define a chargeable accident by a dollar amount or how much money in damage the accident caused.

For example, Massachusetts state laws indicate that you may have to pay a surcharge if the accident that you were involved in results in a claim payment of over $1,000 worth of damage to someone else’s property or a collision or bodily injuries to someone else. This includes accidents in which the driver is more than 50% responsible and they are driving a private passenger vehicle. Other states - including Minnesota - claim that an accident is chargeable if the insured driver has to pay more than $500 in body injury liability or in collision or property damage.

The bad news is that a chargeable account may stay on your driving record for a while. This means that you can expect to pay more money for your car insurance, no matter who you choose to insure you. Some insurance companies may gradually decrease your fees every year that you go accident-free. Most states will gradually lower your surcharge over three years until it’s completely gone as long as you don’t get into another accident.

Keep in mind that not all car accidents will increase your insurance. This includes accidents that could not have been prevented on your behalf. The following is a list of examples of situations that aren’t considered chargeable accidents:

• If your car was hit by another vehicle when you were parked (whether or not you were inside)
• If your car was rear-ended and you were not cited for a moving traffic violation (in other words, someone hit the back of your car and you were not moving)
• If you were struck by another driver and they left (hit-and-run accident)
• If the other driver was ticketed and cited for a moving violation and you were not
• If the accident involved contact with an animal (such as when a deer jumps in front of your car)
• If the accident resulted in physical damage that is limited to (or caused by) flying gravel, missiles, or falling objects (such as tree branches)
• If the accident was caused by defective tires
• If the accident occurred as a result of law enforcement or emergency vehicles

Accident Forgiveness Rules, According To Insurance Companies

If you are thinking about getting accident forgiveness, keep in mind that not every insurance company offers it. Additionally, not everyone qualifies for it and some accidents are not eligible for forgiveness. For example, Farmers has a policy that states that you cannot qualify for accident forgiveness if you have any drivers in your household under age 21 who have less than three years of driving experience. Before you ask your insurer about accident forgiveness, remember that you need a clean driving record.

Most insurance companies will not give you accident forgiveness if you have an accident on your driving record within the past five years. For example, if you want to qualify for the Farmers Flex add-on from Farmers Insurance, then all drivers over the age of 25 on the policy must be clear from all chargeable or at-fault accidents. They must also have no DUIs and no more than one minor citation or speeding ticket. Drivers under 25 cannot have any traffic citations or tickets whatsoever and must have a completely clean record.

Also, keep in mind that accident forgiveness does not mean you are safe from all rate increases in the future. Most policies only allow you one accident even if there are several drivers on the policy. If you have your spouse and children under 25 on your policy, and one of your children gets into a chargeable accident, then accident forgiveness will not apply to the rest of you on the policy.

Best Accident Forgiveness Alternatives

If accident forgiveness is not an option for you or you are not convinced that you need it, then you can look at some alternatives. There are other ways to save money on your auto insurance policy or protect yourself in case you are in an accident.

For example, you can ask for a good driver’s discount, which is similar to an accident forgiveness policy. A good driver’s discount can help you get a discount if you have a clean driving record for an extended period of time. Geico offers a good driver discount if you have been accident-free for five years. You can even get up to 26% off most coverage types.

If you have a clean driving record, you can ask for a vanishing deductible, which is an optional feature that allows safe drivers to reduce their deductible amount for any claims filed - as long as you continue to drive safely. For example, if you buy the Premier Responsible Driver Plan from Travelers insurance, you can get a decreasing deductible. This policy gives you a $50 credit toward your deductible every six months you are accident-free - capped at $500.

You can also ask your car insurance company what other discounts you may qualify for if accident forgiveness is not an option. Some companies will reward you for being a long-time policyholder, even if you do not have a perfect driving record. It never hurts to ask!

What Insurance Companies Offer Accident Forgiveness?

It should be noted that each insurance company may offer different terms and conditions for their accident forgiveness insurance. Check out some of these examples below.

1. Geico - Geico offers free accident forgiveness to policyholders who have maintained a clean driving record. To qualify for free accident forgiveness, you must have a clean driving record for five years. Drivers under 21 may not qualify. You can also buy add-on accident forgiveness coverage as an upgrade to your policy. 
2. Liberty Mutual - Liberty Mutual offers accident forgiveness as an add-on feature that you can purchase. You must have no accidents on your driving record for the past three years and no traffic violations for the past five years to qualify. Drivers under 25 must have a clean driving record for five years before they can get it.
3. Progressive - Progressive allows policyholders to receive small accident forgiveness and large accident forgiveness through their loyalty rewards program. With small accident forgiveness coverage, your rate will not go up for claims that cost less than $500. Large accident forgiveness states that you can get forgiveness for more costly accidents as long as you have been a Progressive customer for five years and have been accident-free for three years in a row.
4. Travelers - Travelers has a Responsible Driver Plan that provides accident forgiveness and forgiveness for minor violations. This plan forgives one accident and one minor violation every three years without increasing your rates.
5. Nationwide - Nationwide offers accident forgiveness as an add-on that you can buy. They will forgive your first chargeable or at-fault accident or minor violation.

How Does Fault Impact Car Insurance Claims?

Auto insurance companies will want to know who is at fault for an accident. This is because the driver’s car insurance company will be responsible for paying for any losses and damages. Generally, an insurance adjuster will determine who is at fault for an accident. They will look at the statements of each driver as well as any witnesses and police reports to determine who is responsible for the accident. They will also gather as much evidence as they can.

Keep in mind that sometimes fault is shared. If the insurance adjuster finds that you have contributed to the accident - even if it’s only in a small way - then this might reduce the amount of money you can collect from the other driver’s insurance company. However, if you are at fault and the other driver sues you for a personal injury case, then your insurance company will represent you in court to help you get a fair settlement.

If the other driver is at fault, then you will have to deal with that person’s insurance company. You may be able to get help from your insurance company, but ultimately, you will have to get coverage under the other driver’s policy if they are responsible for the accident and there is no shared fault. If the other driver is at fault and is hesitant to pay for your medical bills or not cooperating, then you might want to get legal representation to make sure your case settles.

What Should I Do If Someone Hit My Parked Car?

If someone hits your parked car, file an accident report with your local police department - even if an officer can’t come to the scene of the accident. You don’t always need to file a police report if you are not going to file a claim with your insurance company, but it makes the process easier. It may also come in handy if your car has more damage to it then you originally thought.

Insurance companies are also much more likely to pay for damages if there is a police report filed. If the person who hit you left a note, then their insurance company should pay for these damages with their property damage liability insurance. However, if the accident was a hit-and-run, then you and your insurance company will have to foot the bill.

Here is what to do after someone hits your parked car:

     1. Document everything you can about the scene of the accident

As soon as you realize your parked car has been hit, take pictures of your car and its surroundings. Make sure to take pictures of all damaged areas of the car - both inside and out. Also, take pictures of the note left by the other person, if there is one. Document the view of the doorway, your vehicle’s position, and any skid marks or other wreckage around the area.

Also, try to get information from witnesses if you can. Check to see if anyone saw your car get hit. If so, write down their information and anything they can tell you about the accident, such as their name, contact information, and statement. Be sure to write down the date, time, location, weather, and anything else you can think of that the insurance will ask you or need to see.

     2. File a police report

After you realize your car has been hit, call the police and file a report. They may send an officer to the scene of the accident or you may have to go into the police station to file one in person. You may also be able to do this online or give your information over the phone. Just make sure you have a police report filed as the insurance company will want to see it.

     3. File a claim with your insurance company

If someone hit you and left the scene, then your insurance company will be responsible for paying for the damage. This is why it’s so important to document everything and cover all of your bases. Insurance companies like a lot of information and written documents. They can help you begin the process of filing a claim for your accident.

Your insurance company can also help you file a claim with someone else’s insurance company if they left a note. If you are left to pay the bill on your own, then your insurance company will use your own collision coverage or uninsured motorist protection coverage - if you have them.

Should I File A Claim For Bumper Damage?

You should file a claim with your insurance company for bumper damage if the cost of the damage is more than your deductible - or if another person was at fault. If your bumper damage is less than your deductible and you were at fault, then you might want to pay for the repairs out of pocket without filing a claim.

This is because filing a claim may cause your car insurance rates to increase in the future. On average, one claim - even one for bumper damage - may increase your rates by 12% to 45%, depending on how extensive the damage is and how much your insurance company has to pay.

If you hit a curb and only have minor damage, then it might not be worth it for you to file a claim as long as the cost is only a little bit more than your deductible. Also, some insurance companies will not allow you to file a claim at all if the cost of repairs is less than your deductible.

You can also use your collision coverage to pay for the bumper damage if you were at fault. Comprehensive coverage can be used if the damage was caused by someone else or it was out of your control (such as during a weather-related event). However, if the bumper damage was caused by another driver, then you should file a claim with their property damage liability coverage. This will ensure that you won’t have to pay a deductible and your rates will not increase.

FAQs

Q: How much do insurance rates go up after an accident?

A: The amount that your car insurance rates will increase depends on several factors, including your accident history, what state you live in, and your auto insurer’s policies. However, research shows that on average your rates will increase by about 46% after an accident that involves a bodily injury claim. If your accident involved extensive property damage of $2,000 or more, then your rates may increase even more than this. Michigan is notoriously known as having one of the steepest price increases after an accident while Kansas tends to be the most forgiving.

Q: Can I still get auto insurance after an accident?

A: You might be wondering if you can still get auto insurance after an accident. The short answer is - yes, you can still get auto insurance after you have been in an accident. However, expect to pay more unless your auto insurer offers accident forgiveness. If you have been a policyholder with your auto insurance company for many years, then they may not raise your rates as much, especially if you have a clean record otherwise. The best thing to do is shop around and find a company with the best rates, even after an accident.

Q: Will my insurance go up after I file a claim? Should I file a claim if I have been in an accident?

A: If you are worried that your insurance rates will increase after you file a claim, you are not alone. This is a valid concern as many insurance rates will increase after you file a claim. However, if your claim is below or just above your deductible, then it might be best to pay out of pocket to avoid increases in auto insurance rates or other surcharges. Most policies will require that you report all accidents to your insurance company. Your rates may increase based on your driving record and the severity of the accident.

Q: How long will an accident affect my insurance rates?

A: Insurance companies will focus on the past three to five years of your driving record when determining how much to charge you. If an accident is on your record for at least that long, then expect your rates to be affected. However, some insurance companies will also factor in an accident for more than this if you were at fault and the accident caused severe injuries or death.

The best thing to do is ask your insurance company about their accident policies before signing with them so that you know exactly what will happen before an accident. You can also ask your insurance company about actions you can take to show that safe driving is a priority to you, such as taking a safe driver's course. This will usually help keep your rates down.

Q: Will my insurance rates go up after a no-fault accident?

A: If you are involved in an accident that someone else was responsible for, then your rates will probably not increase. However, there are exceptions to this rule and you may need to show proof that you were not responsible in any way. Some companies will also raise your rates even if you were in an accident that wasn’t your fault. Be sure to know where your insurance company stands on this.

Q: Who should I file a claim with - my auto insurance or the other party’s?

A: It’s a good idea to file a claim with the other party’s car insurance company IF you are not at fault for the accident. You can also file with the other party’s insurer if you have standard liability coverage but no collision coverage. This is because liability insurance covers you for injuries and damage to other people and property if you are at fault in an accident, meaning that liability won’t apply if you are not at fault. In this case, the other driver’s policy would cover the damage.

There are a few drawbacks when it comes to filing a claim on someone else’s insurance policy. For example, the other driver’s insurance company will investigate your claim and make sure that their policyholder is responsible for the accident. Many insurers will try to deny your claim and state that their driver is not at fault. This is especially true if you did not file a police report after the accident.

If the opposing insurance company denies your claim and you do not have collision coverage, then you will have to take them to court. This can be a pain as court tends to be tedious and drags on for a long time. Insurance companies know that the longer it takes and the more difficult they make it to get the money you deserve, the more likely you will be willing to settle or drop the claim altogether.

However, if you have collision insurance, you can file a claim with your car insurance company or the other driver’s insurance company. When you file a claim with your insurance company, your insurer will begin a process known as subrogation. This occurs when your insurance company pays for your damage and then tries to gain compensation from the other driver’s insurance company afterward. You will likely have to pay your collision deductible, but you can get this money back after your insurance company settles with the opposing insurance company.

Keep in mind that collision insurance does not cover you if you get hurt. However, if your insurance company establishes that the other driver is at fault through the subrogation process, then it might help you get payment for your medical bills. In this case, the other driver’s insurance company would pay for your medical expenses. If the other driver involved in the crash is found to be responsible for the accident, then they will also have to cover your injuries. Your insurance company only pays for bills if you have medical coverage or personal injury protection.

If the other driver does not have insurance, then you can file a claim through uninsured motorist protection - if you have this type of coverage. There is no deductible for this.

Q: Can the insurance company cancel my insurance after an accident?

A: Yes, your auto insurance company can cancel your car insurance after an accident. However, most insurers will not cancel your coverage unless you have been in numerous accidents or the accident was caused by a DUI or another serious violation. If your insurance company decides to cancel your insurance coverage, then they will usually wait until your policy expires and then they will choose not to renew your policy.

Keep in mind that if your license becomes revoked or suspended due to the accident, then some states (like Texas and California) will allow your insurance company to drop you in the middle of your policy. The good news is that if your insurance company decides not to renew your policy, they are legally required to give you a 30-day notice. This allows you to find other options in a reasonable amount of time.

Although it’s not common for an insurance company to cancel a policy before it expires, many states allow insurance companies to cancel a new policy within 60 days for whatever reason. So, if you get into an accident immediately after opening a new policy with a company, then they may try to cancel your coverage. After this 60 day period, your insurance company will need to give you anywhere from a 10 day to a 100-day notice before canceling your policy - depending on the state you live in. This will give you plenty of time to find a new policy elsewhere. It’s not a good idea to drop one insurance policy before you pick up another. Insurance companies do not like to see any gaps in coverage, and it’s always better to have overlapping policies than no coverage at all as you will be seen as high risk.

In the event that your insurance company decides to drop you after an accident, you will need to find an insurance company to sell you a high-risk policy. You can get one of these from most of the major insurance companies. However, it’s a good idea to consider getting a quote from non-standard insurance companies that specialize in insuring drivers who are high risk. If you still cannot find coverage after being dropped, then you might need to enter your state’s assigned risk pool temporarily while you improve your driving record and regain coverage.

Q: Should I get accident forgiveness?

A: Before getting accident forgiveness, you will want to consider the cost. If your insurance company does not offer free accident forgiveness, then make sure that the cost of coverage does not exceed the cost of a premium increase. For example, if your insurance plan offers accident forgiveness for $150 per year and you have a clean driving record for ten years, then you are spending $1,500 for coverage that you don’t need.

Also, if you don’t drive much, then you might not need it. Keep in mind that there might be situations in which you are not eligible for accident forgiveness, such as if your state does not allow it. You might also not qualify if you are under the age of 25 or if you have been in an accident recently (within the past five years), even if you are trying to change insurance companies strictly for the added benefit of obtaining accident forgiveness.

On the other hand, if you have a high-risk driver on your policy, then accident forgiveness might be worth the cost. You might also want to consider adding it to your policy if you drive a lot and the chances of getting in an accident are elevated simply because you’re on the road more than most, despite being a good driver. Always shop around for the best price and best policy coverage if you’re unsure about whether or not it’s worth it to get accident forgiveness.

Q: What insurance should I use if someone hits my parked car?

A: If someone hits your parked car, then you can use your collision insurance coverage or uninsured and underinsured motorist coverage to pay for it. Either of these options will come with a deductible, which is something you will have to pay for out of pocket to have your car fixed. You may also have to deal with policy limits. So, expect to pay out of pocket anything that isn’t covered by your plan, including damage that exceeds your limits. Also, keep in mind that uninsured motorist property damage coverage is not always available in every state. And IF it’s available in your state, you might not be able to use it if the at-fault driver cannot be properly identified (such as during a hit-and-run).

Q: Can I still get insurance on a car that has been in an accident?

A: It will be hard to get one of the more prominent insurance companies to provide you physical damage coverage on a car that already has damage on it. You might be able to find coverage from a smaller insurance company. A non-standard insurance carrier appeals to high-risk drivers. They tend to offer specialized rates for drivers who have been in an accident or have a damaged car.

If you try to get coverage for a car that has been in an accident before, be sure to disclose the damage done. Don’t try to hide that the car has been in an accident. This could lead to the insurance company investigating you for insurance fraud. It’s not worth the trouble or risk.

Most insurance companies will want to document the damage. They will have you fill out a form describing the damage, or they will send out an agent to do this for them. The agent will want to see the car and take pictures of the damage to document what’s wrong with the car upfront. This ensures that - if you file a claim - they will have all of the pre-existing damage on file, meaning that you can’t try to claim that it was damaged after you insured it. Remember that pre-existing damages are not covered by your new policy.

If you manage to find an insurance company that will insure your car after it has been in an accident, opt out of the extra services. You probably won’t need roadside assistance, low deductibles, or rental car coverage. You will likely need to save your money and pay for the pre-existing damage before an insurance company will insure your damaged car.

Q: What happens if I file a claim without reporting prior damage?

A: Don’t panic if you file a claim without reporting prior damage - as long as it’s minor. It’s not uncommon for a driver to file a claim for an extensive amount of damage while there is still some small work that needs to be done on your car that was never taken care of. Insurance adjusters will likely be able to tell the difference between the pre-existing damage and the damage you are currently claiming. They have seen it all!

The important thing to remember is that you need to be honest and let your current insurance company know about prior car damage. The more details you disclose, the better. Don’t try to hide anything and write it off in your current claim because this can lead to insurance fraud. If you are convicted of insurance fraud, then you will have a very hard time finding another company to insure you in the future. If your new damage occurs on top of the damage that already exists on the car, then the insurance adjuster might allow all repairs to be made under one claim. As long as you are honest with your adjuster, you will not be accused of insurance fraud.

Most of the time, your insurance company will handle prior damage in one of two ways. First, they will either file multiple claims to cover both the pre-existing damage as well as the current damage. This means that you will likely have to pay two deductibles, but all charges and repairs can be made at once - as long as you have the proper coverage on your policy at the time of the accident. The second option is that they will ignore the pre-existing damage. Your insurance adjuster might tell the repair shop to only fix the new damage on your car. If this happens, you will only have to pay the deductible on the new damage and the repairs would only be made for your current accident.

Keep in mind that car insurance can be tailored to meet your needs. Don’t be afraid to tell your insurance company what you need. They might work with you. The last thing you want to do is lie about your car damage when filing a claim because this could result in legal trouble for you.

Q: How much will my insurance go up after a fender bender?

A: Most of the time, a minor fender bender will make your insurance go up - depending on whether or not you were at fault. Even small fender benders are surcharged the same whether they cost $200 or $2,000. For example, if your yearly premium is $1,500 and you are charged 25% in addition to a rating tier change of 10%, then your premium will increase by about $562.50 to $2,065.50. This rate will likely stay with you for about three to five years. Either way, you will have to pay out of pocket for a fender bender.

Q: Do I need to contact my car insurance company after a minor accident?

Many people are scared that their car insurance rates will go up after an accident, so they won’t contact their insurer if they have been in a small accident. While you might think that not contacting your insurance company after a small accident will save you money, it’s always best to let them know anytime you have been in an accident that involves another driver. It’s especially important to contact your insurance company if you have been in an accident that resulted in injuries or property damage. The only time you might want to consider not contacting your insurance company is if you only damaged your own car, the property damage is minimal, and there are no other injuries.

There are two primary reasons why you should always contact your insurance company, even if you were in a minor accident. First, even if the accident seems small at the time, you might decide later that you need to file a claim. Keep in mind that injuries like whiplash or back injuries can have delayed symptoms. Even if you feel fine at the time, these injuries can worsen over time, resulting in the need for a claim. You may also have a dent or a scratch on your car that doesn’t bother you at first, but then you might change your mind once you find out the impact on your car’s value.

Also, keep in mind that a handshake agreement at the scene of the accident may not prevent the other driver from filing a claim against you. By filing a claim first, it ensures that your insurance company will help defend you - either against the other driver’s insurance company or in court. If you do not report the accident right away, your insurance company may deny any claims that you file later on. They may also choose not to represent you in a lawsuit or court, meaning that you will have to pay out of pocket for damages, legal representation, or both. Reporting all accidents to your insurance company also makes sure your insurer will be able to properly investigate your claim so that they do not have to delay the claim, which could result in them refusing to cover you if you go to court or need repairs.   

Q: Is sliding on ice considered an at-fault accident?

A: If you were involved in an accident that was caused by unstable road conditions, such as ice, it can be hard to know whether you are considered at fault. Many drivers find that they are driving cautiously and carefully, and still cannot maintain control of their cars. An accident that involves sliding on ice may cause a lot of damage, including bodily injury, damage to your car or someone else’s car, and property damage. Unfortunately, if you slide on ice and hit another car or object, it is considered an at fault claim - even if you were not ticketed if a police officer came to the scene of the accident. This is because the insurance company looks at it like this - someone is at fault, and it can’t be the ice’s fault. Therefore, if you slip on the ice and hit someone else, you will be held responsible by the insurance company.

Q: What does 50/50 mean in a car accident?

A: When an auto insurance company investigates a claim against one of its policyholders, they are hoping to find a way to determine that at least half of the blame is due to the other driver’s negligence. It’s common for at least half of the fault to be deflected onto the other driver involved in the accident. A 50/50 car insurance claim refers to what happens when an insurance company determines that fault is shared between each of the two drivers involved in the accident.

Even if you only made a small mistake in the accident, the insurance company may still determine that you are 50 percent at fault, especially if the accident could have been prevented if that mistake had not been made. If the accident is determined to be 50/50 at fault, and both parties agree, then it is referred to as a split liability agreement. This means that any property or damage costs will be shared equally between parties and that the person injured will only be able to collect half of the value of their claim. Common types of 50/50 accidents include when a driver hits someone else while making an illegal turn, a car crash that occurs when both drivers do not stop at a four-way stop, and when one driver is speeding and gets hits by a driver who changes lanes unexpectedly.

The post How Much Do Car Insurance Costs Increase After An Accident? appeared first on LA Lawyers.

Legally speaking, ridesharing accidents are among the most complex types of vehicle accidents. Ridesharing services are governed by new laws and regulations that are often in flux and may vary widely depending on your location. Additionally, ridesharing accidents involve more parties than other accidents and each party will have its own insurance policy with its own unique coverage. All in all, this can make understanding liability (fault) and recovering damages in a ridesharing accident extremely challenging. 

Though pursuing compensation in an Uber accident can be confusing, a ridesharing accident victim can pursue damages when another party is liable for their injuries. Depending on the unique circumstances of a victim’s accident, the liable party could be the ridesharing driver, the ridesharing company, another driver, or some combination of these parties and entities. 

To win a ridesharing accident case, you need to prove two things: liability and damages. Below, we’ll go over common liability situations in ridesharing accidents and the damages that may be available in an Uber passenger accident case. Then, we’ll also go over what to do immediately after being injured while riding as a passenger in an Uber vehicle. 

Liability in an Uber Accident 

Liability in an Uber accident often has a dramatic impact on how much compensation a victim can recover from an insurance company. You may have heard that Uber has $1 million dollar liability insurance coverage. While this is true, this liability coverage only applies in certain circumstances. Uber has a three-part insurance plan, with different coverage rules for different situations. 

Situation 1: An Uber driver gets into an accident while not working for Uber. 

If an Uber driver gets into an accident while they’re driving their vehicle for personal reasons, but not working for Uber, the driver’s own insurance coverage applies. 

Situation 2: An Uber driver gets into an accident while driving an Uber passenger. 

If an Uber driver gets into an accident while driving a passenger, the Uber passenger is covered by Uber’s third-party liability insurance. In California, Uber is required to carry $1 million dollars in insurance coverage to pay out their ridesharing passengers. This applies when an Uber driver caused the accident and can also sometimes apply if another motorist was at fault. If an at-fault outside party is uninsured or underinsured, Uber’s insurance coverage can apply to the injured Uber passenger. 

Situation 3: An Uber driver gets into an accident while they’re available to pick up a passenger, but are not carrying a passenger. 

If an Uber driver gets into an accident while they’re logged into their Uber app and they are available to pick up a passenger but are not carrying a passenger, the accident will be primarily covered by the driver’s personal auto insurance policy. However, Uber does provide additional contingent liability coverage on top of the driver’s insurance. Uber’s additional contingent liability coverage includes up to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident. Rideshare company accident victims should be aware that this additional coverage must be requested in order to apply to an Uber accident claim. 

Damages in an Uber Car Accident Case 

The damages available in an Uber car accident case are the same as the damages available in other auto accident cases. A victim in a car accident case can recover compensation for a wide range of losses related to their injuries, including: 

• Past and future medical bills 
• Pain and suffering 
• Emotional distress
• Lost wages 
• Loss of future income 
• Property damage

What to Do If You’ve Been Injured in an Uber Accident

Attend to Your Health 

The first thing you should do after being in an Uber accident is assess whether you or another involved party needs emergency medical care. If you or another person is seriously injured, call 911. If you don’t think you need to call an ambulance, note that you should still seek medical attention after being in an accident since many serious accident injuries aren’t apparent right away. Even if you feel alright after being in a car accident, a medical professional may notice something you didn’t. Treating injuries early is crucial for your overall health and well-being. Medical records can also be important documentation in a personal injury claim, so they can be extremely helpful if you need to pursue damages for your losses. 

Gather Information From People at the Scene

After taking care of your health, you (or a trusted loved one) should gather important information from the accident scene. Get the names and contact information of everyone at the accident scene, including your rideshare driver, other involved drivers, and witnesses. Make sure to also write down the license plates and insurance information of the involved vehicles and drivers. 

Document the Scene

Next, write down all the details of the accident, including everything that happened leading up to the time of the accident and during the accident. Take photos of the accident scene and damages caused by the accident, including your injuries. 

Contact the Police 

In some cases, the police will arrive at an accident scene without you needing to call them. If that’s not the case for your accident, make sure you call the police and have them come to the scene of the accident to fill out a Traffic Collision Report. A police report that documents an accident scene can be invaluable evidence in a personal injury case. 

Contact Your Insurance Company 

Call your insurer as soon as you can to notify them of the car accident. If any insurance adjusters or rideshare service representatives call you, do not talk to them about the details of your accident or injuries if you will be hiring an attorney, since any comment you make could potentially be used against you. For similar reasons, do not post about your accident or injuries on social media. If you’ve hired or will be hiring a personal injury attorney, you can simply tell insurance claim adjusters who contact you that your attorney will reach out to them.

Contact a Personal Injury Attorney 

If you’ve been seriously injured in an Uber accident, consider reaching out to a car accident attorney. A personal injury attorney who understands the complexity of your local ridesharing regulations and car injury cases can negotiate with insurance companies on your behalf in order to make sure you’re fairly compensated for your losses. 

Get a Free Consultation With a Los Angeles Uber Accident Attorney 

If you’ve been injured in an Uber Accident or a Lyft accident, contact LA Lawyers Group today to receive a free case evaluation. Our team of personal injury lawyers has an expert understanding of California’s personal injury laws and rideshare accident regulations. The personal injury lawyers at LA Lawyers Group have helped injury victims recover compensation for past and future medical expenses, property damage, pain and suffering, lost wages, loss of quality of life, and more. Our attorneys are dedicated to protecting the rights of accident victims across California and will fight to maximize damages for our clients. 

Call LA Lawyers Group at (213) LAWYERS now to receive your free consultation with our personal injury law firm.

The post What Happens If You’re a Passenger in an Uber Accident? appeared first on LA Lawyers.

An experienced workers' compensation attorney can help you get the money you deserve if you have been injured or fallen sick on the job due to unsafe workplace conditions. Work comp lawyers help clients get the medical care they need if they have been hurt on the job.

In this article, we will discuss everything you need to know about hiring a workers' compensation attorney, including what they do, how they do it, and why you need one if you have been hurt or gotten sick at work. 

What is a Workers' Compensation Attorney?

Many employers and their insurance companies try to escape responsibility for injuries and illnesses that their employees fall victim to while on the job. For this reason, partnering with a workers' compensation attorney can help you fight these attempts to scam you out of the money you deserve when you need help the most.

Workers' compensation attorneys are lawyers that help victims communicate with medical professionals and insurance staff when filing a workers' comp claim. A workers' compensation lawyer can help you clarify legal terms and will fight for you in court if your case makes it there. The workers' comp claim process can be very tricky, and insurers will do whatever they can to stop you from being paid out.

A workers' compensation attorney’s job is to help you settle your claim if an insurance adjuster does not solve your case, or tries to low-ball you, which is a term that refers to offering you a settlement that is less than what it’s worth. Your employer may only be concerned about his or her best interest.

However, a trustworthy workers' compensation lawyer will have your best interest in mind. This means that they will help you get the benefits you deserve after suffering an injury or illness at work. Without professional help, your employer and their insurance agency may try to rip you off.

A good workers' compensation attorney will represent you whether or not your case goes to court, working tirelessly to get you the money you deserve to attend doctor’s visits, recover lost wages, and recover from emotional trauma. In the next section, we will talk about what a workers' compensation lawyer does.

Why Should I Hire A Workers' Compensation Lawyer?

Legal counsel is essential for your claim. Hiring a workers' compensation attorney could be the difference between winning the maximum amount for your claim or being denied by the insurance company. You could also be forced into settling for an amount that is less than what your injury is worth, making you feel frustrated and resentful toward your employer.

There are so many things that can go wrong during the process of filing a workers' compensation claim. Additionally, there are many legal terms that can be confusing. If you don’t have a good grasp of the workers' compensation process, then hiring a lawyer to fight for you is imperative. Even if you have a good understanding of the legal process, it’s a good idea to hire a lawyer and let them handle all of the work for you. This will ensure that you have time and energy to focus on proper recovery.

A qualified legal professional is equipped with the knowledge of all aspects of a workers' compensation claim. They will stand up for you and speak on your behalf to your employer and their insurance company so you don’t have to. They will also take care of all of the documentation that needs to be submitted and will give you professional legal advice to make sure you win the maximum amount. Insurance companies are less likely to deny your claim or make you settle for a low-ball offer if they know you have professional representation. They know that a lawyer won’t let you settle, and they will appeal your case if it’s denied.

What Does A Workers' Compensation Attorney Do?

A workers' compensation attorney can be there for you if you have been hurt or fallen ill due to hazardous work conditions. They will help you file a claim and ensure that you are protected against any legal implications associated with the incident. They will also ensure that you get the maximum amount allowed for your claim.

Many people find that filing a workers' compensation claim is hard. Legal terms can be difficult to understand if you haven’t been professionally trained. Hiring a workers' compensation attorney can help you after you have filed a claim. They will be there every step of the way to handle the legal aspect of your workers' compensation claim.

Even if you find that filing a workers' compensation claim is an easy and straightforward process, hiring an attorney can help you if your case becomes more difficult than previously thought. A workers' compensation attorney has been trained to handle cases that involve workplace injuries or incidents. They will be able to help you fill out the required documents and win as much money as possible to handle your financial obligations.

A workers' compensation lawyer can also help you obtain the necessary documents that your claim needs from other parties, such as your employer, doctor, and other therapies that you may be undergoing. Hiring a workers' comp attorney can also help speed your case along so that you get your settlement sooner. They will also be able to ensure a smooth case and that you don’t get taken advantage of by your employer or the insurance company.

A workers' compensation attorney should be able to help you with the following:

     1. Protects your rights

A workers' compensation attorney’s primary job is to protect your rights. Your workers' compensation lawyer should know your state’s laws and use them to get you proper compensation after a workplace injury. Many employers and insurance companies will try to deny you these rights, and a lawyer can help fight them to get the money you deserve. The best workers' compensation attorney will make sure that they don’t stop fighting until you get the settlement offer you’re after.

A workers' compensation attorney can also help you understand your legal benefits as an injured worker. For example, if you were injured on the job or became sick due to unfit conditions at work, then you may be eligible to collect compensation for lost wages, medical costs, and disability. The extent of your settlement may depend on the quality of your lawyer, making it important to find the best one with years of workers' compensation experience.

Proving that you are disabled and unable to work due to a workplace injury is often the most difficult part of a workers' comp claim. Tackling this by yourself is not recommended as you may not be as successful as a professional attorney would. Some insurance companies will deny you benefits as long as you can perform virtually any job at all, regardless of your injury. This can wreak havoc on your financial life, health, and well-being, as well as make your injury worse. This is just one more reason why it’s essential to seek the help of a workers' compensation attorney.

Additionally, a workers' compensation attorney will help you prove that you are unable to work due to an accident you sustained on the job. They will also argue against the insurance company if they deny your claim because they want you to work another job. Many people who sustain workplace injuries struggle to fight insurance companies who claim that they do not deserve compensation because of their ability to work another job that pays less after they are injured.

Hiring a lawyer can help find additional benefits that you may qualify for that your employer has failed to give you in the workplace. For example, you are entitled to a safe place to work. If your employer has not taken steps to provide this or is responsible for your injury, then this could be beneficial for your case. Common examples of workers' compensation injuries include slip and fall accidents, burns, sickness due to being exposed to inhaled chemicals, and more.

     2. Assist and protect you against retaliation

Some employers retaliate against their employees after they file a workers' compensation claim due to a workplace injury or illness. You might even find that your employer treats you differently or punishes you after you report the injury to them. Too many people face situations like these after claiming that their injuries were due to negligence at their workplace. Not only is this frustrating and devastating for the injured; it’s also illegal. Employers are not allowed to retaliate against employees who have filed workers' comp claims or reported an injury, and it’s against the law to treat their employees differently after the incident.

If your employer has harassed you, reduced your pay, treated you unfairly, or interfered with your daily life after you filed or reported a workplace injury, then it’s time to hire a legal team for professional support and guidance. No one should be forced to deal with a situation where they are harassed or made to feel uncomfortable due to their employer’s actions. A workers' compensation lawyer can help put a stop to this and prevent you from suffering from emotional trauma. An experienced workers' compensation attorney knows will work hard to support their clients to ensure they are not being treated unfairly at work after being injured.

     3. Help you appeal a denial

Many workers' compensation claimants are forced into appealing a denied claim each year. If your workers' compensation claim has been denied, then it’s time to hire a lawyer to help you appeal your denial. It takes a significant amount of work to appeal a workers' compensation claim in most states, and you should not try to tackle this task alone without professional help. An experienced workers' compensation attorney should have knowledge about your state’s laws, which is needed to successfully win your case after a denial.

If your workers' compensation claim has been denied, then an attorney can help you submit your petition for benefits and ensure that all of the proper information is included in the petition. Filling out this information incorrectly could cost you the case. This information includes the details concerning your accident or injury, all information necessary to show that you’ve suffered lost wages, and the type of benefits you are pursuing.

Your lawyer will also be able to help you with your mediation hearing, which is a type of informal meeting held between you, the insurance company, and your lawyer. During this meeting, a third party will be there to help resolve issues and make sure the meeting stays civil. Do not attend this meeting without an attorney as he or she will know how to speak to the insurance company on your behalf to make sure your appeal is successful.

Finally, your lawyer will be with you when your claim goes to trial, if it makes it there. Trials only occur if the mediation meeting was unsuccessful and you did not reach a settlement with the insurance company. Your lawyer will provide evidence, testimonies, and other information at your trial to win your case against the insurance company. Don’t try to go to court alone without professional help! Pick a lawyer that has proven success in this area to ensure you win.

When Should I Hire A Workers' Compensation Lawyer?

The best time to contact a lawyer is immediately after a workplace injury or as soon as you know that an illness has occurred due to a workplace event. Hiring a lawyer right away ensures that your lawyer will be with you every step of the way, and he or she will know your case inside and out. They will be able to take immediate action for you after getting hurt so that you get the money you deserve without waiting too long and becoming unqualified for compensation.

Hiring a workers' compensation lawyer immediately after your injury will ensure that your claim is filled out as quickly as possible. After you hire an attorney, you should seek medical care. Your attorney will be able to help you with lost wages if you need to take off work to seek treatment. Sometimes a workers' compensation claim may require you to see a doctor of your employer’s choosing. However, an attorney should be able to help you use your doctor. They will also help make sure that your claim isn’t denied, and if it is, they will be able to help you appeal.

What Happens If My Workers' Comp Claim Is Denied?

A workers' compensation attorney can help if your claim is denied. Many people who become victims of workplace injuries and illnesses are forced into dealing with the uncertainty of a workers' compensation claim. This process is already hard enough without being denied. However, insurance companies make victims feel like they do not have the right to compensation even though they do. Similarly, your employer might turn against you if you file a claim against them, which can be stressful enough while trying to cope with injuries that leave you unable to work.

Keep in mind that you are entitled to compensation if you are injured at work, even if the insurance company says that you are not. Hiring a workers' compensation attorney can help ensure that your claim is not denied. If it is, they will fight for your right to appeal the insurance company’s decision and take your case to court. Lawyers are trained to fight in court, and this process can be overwhelming without professional help.

There are several reasons why your employer’s insurance company denies your claim. However, an experienced workers' compensation lawyer will look at the facts and make sure your employer pays for the medical expenses and lost wages you are entitled to. After all, you wouldn’t have become hurt or sick if it wasn’t for their lack of care for your safety. A workers' compensation lawyer can help boost the chances of your claim’s success, even if it has been denied by the insurance company.

Why Are Workers' Comp Claims Denied?

If your employer’s insurance company tries to tell you that you can’t be compensated for your injury, it means that the insurance company is trying to say that your injury or illness doesn’t fit the standards required for workers' comp coverage. This information may or may not be correct. The easiest way to understand your options moving forward is to hire an attorney. This is because the term ‘denial’ is vague and leaves room for interpretation. Many cases are denied and claimants give up because they think they have no other options.

However, a workers' comp claim lawyer can help determine if other options are available even if your claim has been denied. They will also check to make sure your claim was rightfully denied, and that you aren’t being denied coverage that you are entitled to. Working with a workers' compensation lawyer can help you understand the nature of your injury and how much money you are entitled to based on your state’s laws. You might find that you have several options available to you despite your employer’s claims that your claim is denied. A workers' compensation lawyer will be familiar with your state’s laws and the legal claim process to help determine your eligibility.

Here are some other reasons why your claim might be denied:

     1. The insurance company claims that your injury or condition is pre-existing.

Some people might be denied their workers' compensation claim because the employer’s insurance company tells them that their injury or illness is due to a pre-existing condition and does not qualify. Insurance companies will try to avoid paying you for your injuries or illness, so they will take the necessary steps to ensure that you are not qualified to receive benefits, even if your condition is not pre-existing. It’s very easy for the insurance company to tell you that the pain you are experiencing is from a previous medical condition and did not occur at the workplace.

When an insurance company tells you this, it’s time to hire a workers' compensation attorney. A lawyer can help you navigate tricky situations, such as excuses like this one that the insurance company comes up with to avoid paying you. Your workers' compensation lawyer knows how reductive and belittling it is to have your claim denied when you really need help, and they will work with you to show that previous medical conditions usually have no effect on the pain and suffering you experience during a workplace injury. In some states, the law indicates that people who endure injuries that aggravate pre-existing medical conditions must be compensated. 

An experienced workers' compensation attorney understands the reasoning for laws like this one, and they can help you fight for what you deserve when the insurance company tries to deny you. For example, lawyers know that pre-existing conditions are unrelated to your current injury, and they should have little to no bearing on your existing workers' compensation claim. A workers' compensation attorney can help you work around laws like these to ensure that your claim will not be denied due to a pre-existing condition, getting you the help you need.

     2. The insurance company says that you do not have proper medical documentation.

If the insurance company tells you that you do not have enough supporting medical documentation to prove your injuries or illness, then contact a workers' compensation lawyer. They can help prove that you submitted adequate paperwork and documentation, and will know how to handle the situation when insurance companies are trying to be sneaky.

An experienced workers' compensation attorney can also help you obtain the proper documentation that the insurance company requests. Your employer’s insurance company can legally ask to see your medical history as well as any documentation regarding the treatment for your injury or illness. Claimants are usually asked to sign medical releases and other forms of paperwork during the medical process, and these forms are sent to the insurance company for review.

However, many insurance companies will claim that they never received any documents, even if you are sure that you sent them in. Working with a workers' compensation attorney ensures that the insurance company will receive all documentation necessary to review your claim. They will work directly with the insurance company so that you don’t have to, ensuring that all paperwork is sent in and the insurance company cannot deny your claim due to lack of proper documentation. They will also handle the gathering of these documents so that you can concentrate on getting better after your injury.

An attorney will also keep track of the status of the paperwork to move your case along quicker. Insurance companies may try to stretch your case out longer than necessary in hopes of you settling for a reduced amount just to have some settlement money. A workers' compensation lawyer knows how insurance companies operate and they will fight for you to make sure you get every penny you deserve for medical treatment and other help regarding your workplace injury.

     3. No one witnesses your injury.

Insurance companies may deny you if your injury was unwitnessed or no one can back up your claims that you were injured on the job. They will question the validity of most workers’ compensation claims that are unwitnessed. In other words, the insurance company does not believe that your accident occurred at work if there is no proof (such as a video surveillance camera) or no one can speak on behalf of your incident.

There is not much you can do if no one witnessed your injury. However, you should always hire a workers’ compensation attorney to help you through this process, and make sure to report the injury to your supervisor and co-workers immediately after it happens. It’s also a good idea to tell everyone you talk to about the incident the same details. For example, make sure you tell the same story about how the incident occurred each time you tell it. This will ensure that anyone questioned about your injury will provide the same details if your employer or their insurance company asks to interview them.

     4. You didn’t report your injury quickly enough.

Insurance companies may deny your claim if you don’t report your accident or injury quickly enough. They assume that you weren’t really hurt if you don’t report it right away. This might not always be true. Sometimes an incident occurs that doesn’t cause an injury right away, but it leads to one over time. This is why it’s important to report your accident as soon as it happens. It will cover you if you develop an injury later.

Some states have workers’ compensation laws that require you to report work-related injuries within a short time frame, such as within seven days. Do not wait to report your incident, even if it doesn’t cause you pain at first. If you get into an accident at work or suffer a small injury, report it to your supervisor immediately. This will cover you if you think the injury will cause you to miss out on any work. You can do this by filling out an incident or accident report. Then your employer will have to comply with the state’s law and this will help you get benefits as soon as possible.

     5. There is a discrepancy between your medical records and the accident report.

Insurance companies will often deny workers’ compensation claims if the documents, records, or statements regarding how the incident occurred are inconsistent. For example, if you tell your employer that the accident happened one way, but you tell your doctor that it happened another way, then these inconsistencies will hurt your claim. This is why it’s important to make sure you tell everyone the same story about your accident, including your employer, medical team, friends, family, and so on. Doing so will ensure that there are no inconsistencies in your story and that there is no reason for the insurance company to deny your claim.

     6. Your medical records indicate that there were drugs in your system at the time of your accident.

If you go to the emergency room for a workplace accident and they find illegal drugs or alcohol in your system at the time, then this can hurt your claim. If this happens, then the insurance company will definitely deny your claim. However, if you still feel that you are qualified to receive benefits even if you were under the influence of alcohol or drugs at the time of the accident, then contact a lawyer to determine if you still have a case.

     7. You filed a claim after you were laid off or fired

If you got hurt at work and didn’t get around to filing a workers’ compensation claim until after you were laid off or fired, the insurance company might deny your claim. Most of the time, the insurance company will deny your claim if you don’t file it right away. However, there are some situations where they might work with you.

But the insurance company will almost always deny you if you wait to file until after you are no longer employed because they assume you are filing out of revenge. The insurance will also assume that if you are truly hurt, you will file a claim right away. This is another reason not to wait. If you get laid off or fired before you file a claim, you will have a hard time convincing the insurance company that you really are hurt. 

     8. You refused to sign medical authorizations or give a recorded statement

If you refuse to give the insurance company a recorded statement or you did not sign medical authorizations, then your claim will almost always be denied. Insurance companies will usually ask you to give a recorded statement describing the accident if you file a workers’ compensation claim. This can put you in a difficult situation. Generally, giving a statement will not help you if you do not have a lawyer.

Additionally, you are not legally required to give a statement. If the insurance company asks you for one, then this is usually a sign that there is something wrong with your case. If you agree to give a statement, then the insurance company will probably not approve your claim. However, if you do not provide a statement, then the insurance company can tell you that you will not get any benefits if you do not comply. This is why it’s important to hire a workers’ compensation attorney. They can give you the best advice when it comes to giving a recorded statement.

Insurance companies will also ask you to sign medical authorizations allowing them to gain access to your medical bills and records. Again, you are not legally required to do this, but if you don’t, it can hurt your claim. You can usually work around this by not signing the medical authorizations, but instead sending all medical bills and records to the insurance company yourself. The problem is that insurance companies don’t like when you do this because they don’t trust you. They want to obtain your medical records themselves.

This way, they can be sure that they get your complete file and not just the records you want them to see. The problem with signing a medical authorization is that the insurance company will sometimes invade your privacy and obtain documents that do not pertain to the workplace incident. If the insurance company tries to pressure you into signing a medical authorization and you don’t want to, then contact a workers’ compensation attorney right away. You can let your lawyer deal with the insurance company. This is what they were trained to do anyway!

Types of Workers' Compensation Injuries

Workplace injuries can happen anytime and in any industry, which is potentially dangerous for employers and employees alike. According to the United States Bureau of Labor Statistics, private industry workers experienced 2.9 million workplace injuries and illnesses in 2016 alone, which equals 2.9 cases per 100 full-time employees in the United States.

When you’re injured, workers’ compensation insurance can help cover you financially for lost work and medical expenses, allowing you to recover. There are many different types of injuries and illnesses that may occur due to a workplace incident. Here are some of the most common workers’ compensation injuries.

Sprains and Strains

Sprains are torn or stretched ligaments, and strains are torn or stretched muscles and tendons. You can experience a sprain or strain at work if you fall, twist, or pull your body in the wrong way. Most workplace sprains and strains occur when you have improper lifting or ergonomics. Employers can help keep their employees safe from sprains and strains by becoming familiar with the United States Occupational Safety and Health Administration's (OSHA) lifting guidelines and ergonomic guidelines.

You can also slip and fall and sprain or strain your ankle or another body part if there is ice on the ground or a slippery surface. If your employer did not take proper precautions to protect you from slipping and falling at work, then you may be entitled to a workers’ compensation claim if you were injured. Employers should make sure that their workplace conditions are safe for workers, even if they are not required to move around a lot. It should be safe for employers to enter and exit the building, safely go up and down stairs, and practice proper lifting techniques.

Lacerations

A laceration is a deep cut or tear in one’s flesh or skin. Cuts or tears can occur on the job at virtually any type of job and in any industry. However, they tend to be the most common in machine shops, manufacturing, restaurants, and food production industries. Lacerations are most common when employees hurry or rush to finish the job, do not wear proper safety equipment (such as gloves that cannot be cut through) or lose concentration. However, lacerations can also be caused by hazardous work conditions on the job due to the employer’s negligence, such as leaving out equipment or unsafe building conditions.

To reduce laceration injuries on the job, employers should educate their employees on how to wear the most appropriate attire or safety gear for their job. Employees should keep their work areas neat and tidy to prevent lacerations, and equipment and tools should never be left out or used in any other way than as intended to perform the job. Business owners should make sure that their equipment is safe to use and is replaced frequently. For example, if an employee uses a knife or blade for work tasks, then the business owner should replace dull blades often to reduce the risk of workplace injuries. If you were injured on the job due to a lack of safety gear or safety measures on behalf of your employer, then you may be able to file a workers’ comp claim.

Contusions

Contusions are bruises or marks on the skin that are caused by trapped blood under the skin’s surface. It occurs when the small blood vessels are crushed but the skin does not break. This type of workplace injury usually happens when objects are dropped on the employee due to improper lifting or safety precautions. It can also occur when an employee runs into something.

Business owners can conduct regular training for proper ergonomics and environmental awareness to avoid contusions at work. They also can also prevent injuries by ensuring that the employee’s workplace is safe. This includes ensuring that all machinery is safe to use and up to date with no dull blades and other potentially hazardous parts. Business owners should conduct regular training sessions to ensure that employees know how to use the equipment properly, and ensure that proper safety precautions are in play.

Burns

Burns occur when one’s skin is exposed to electricity, steam, heat, chemicals, radiation, or sublight. These types of workers’ compensation injuries are common in restaurants, manufacturing, and production industries, especially those who are exposed to heat sources and acids or bases as part of the manufacturing process.

A burn can also occur internally if a person inhales chemical fumes or smoke. Employers should take proper precautions to inform their employees on how to handle heat sources and store chemicals. Burn injuries can vary in severity. Therefore, regular training should be provided for employees to ensure they know how to protect themselves against sun exposure, electrical, thermal, and chemical burns. If you were burned on the job because your employer did not properly train you to handle chemicals, or you burned yourself on a chemical or another substance that was carelessly left out, then you may be entitled to a workers’ compensation claim.

Fractures

A fracture occurs when an employee breaks or fractures a bone at work. Fractures can occur to any bone. They may be caused by any degree in which force or trauma was used. They can also be due to an overuse injury. These types of workers’ compensation injuries mostly occur in jobs that involve manual labor or exposure to heavy machines or equipment. However, fractures and breaks can occur in any job industry.

Employers can make sure their employees are safe by providing adequate training and rest time (if overuse is a concern). For example, employees should receive training on how to operate heavy machinery and ergonomics. A supervisor should also be present while machinery is in operation to look over employees and keep an eye out for possible injuries or overuse injuries. Spills should be cleaned up and workstations should be free of any potentially dangerous equipment that may cause bone breaks and fractures in employees.

Eye Injuries

Eye injuries may occur due to a lack of eye protection on the job. Employees may injure their eyes when they come in contact with chemicals, radiological hazards, mechanical irritants, and other environmental contaminants. However, if employees are trained to work safely and follow safety requirements, they are much less likely to suffer from eye injuries.

Employers should provide adequate training related to eye injuries and how they can be prevented in the workplace. If you have suffered from an eye injury at work due to lack of safety equipment or procedures provided, then seek the legal guidance of a workers’ compensation attorney to determine whether you have a case.

Continuous or Cumulative Trauma

Continuous or cumulative trauma refers to a catch-all phrase describing the degradation of muscles, joints, tendons, or other body parts due to a repeated work task over a long period of time. These types of workers’ compensation injuries are common among people who have worked in manual labor positions for decades. To avoid these types of injuries, employers must ensure that their employees have proper training and recovery in between injuries or soreness as this can help reduce the impact of a more serious overuse injury.

A workers’ compensation claim can protect you if you were involved in a cumulative or continuous trauma injury by covering the cost of medical expenses, lost wages, or rehabilitation costs for those who suffer from a work-related injury or illness. It also provides benefits to your family members if you become sick or injured and cannot work or provide for them any longer. Your employer should provide additional loss control services to help you feel safe at work and reduce the risk of injuries and illnesses. If you have talked to your employer about the lack of safety provided at your job and they have not complied, then contact a workers’ compensation lawyer to determine your next move and gain legal guidance.

How Much Does a Workers’ Compensation Attorney Charge?

Are you worried about how to afford a workers’ compensation attorney? This is a valid concern among many people who get hurt at work. However, like other types of lawyers, a workers’ compensation attorney only charges you when they win your case. Plus, many states place a cap on how much they can make. You will need to discuss what percentage of your settlement your workers’ compensation attorney will make after they win your case before hiring them.

For example, most lawyers work off something known as a “contingency basis.” This means that a lawyer will only charge you if they win your case, and they will “charge” you by taking a cut of your settlement money. If you lose your case, then there is no fee for working with a lawyer.

Contingency fee arrangements allow the injured worker an opportunity to receive quality legal representation, even if they have limited financial resources. This is because there is no up-front fee or payment when you hire a lawyer based on contingency. Many states have laws that protect victims by placing a cap on the percentage that a lawyer can take from your settlement. They also require lawyers to approve the fees they charge you if your case wins. This means that you won’t be charged money that isn’t approved by the state.

What Are The State Rules On Workers’ Compensation Fees?

The regulations and laws associated with attorney fees vary from state to state. Most of the time, a judge will approve the fee before the lawyer takes a cut from your settlement. They will take into account the compilation of the case, the time and work your lawyer put into the case, how much money you settled for, and the final result of your claim. Many states will set a cap on the total amount an attorney makes.

This number can range from 10 to 20 percent of your settlement. However, some states will set a higher limit of at least 25 percent while others don’t place a cap on this percentage at all. Cases that are settled before going to court will usually result in a lower percentage than cases that require a court hearing. This is because the lawyer will have to put in more work, and you will likely win more money.

According to one report, injured workers stated that their lawyers took about an average of 15 percent of their settlement or awards. The same report found that workers who hired a workers’ compensation lawyer received about 30 percent more in compensation than those who filed a claim without a lawyer. This means that hiring a lawyer will likely get you more money, but you will have to pay them a portion of what you settle for.

Some states do not allow lawyers to charge fees for basic benefits, such as cases that involve medical bills or lost wages that the employer and insurance agency has not disputed. Additionally, some states allow lawyers to ask the judge to have the other party pay for their fees. This applies to certain situations, such as when the employer or insurance agency has engaged in very bad behavior, refused to pay benefits that have already been granted, or have caused a delay in the case. Some state laws don’t allow percentage caps on certain fees, which are often called penalties or sanctions. This is because they don’t come out of your settlement.

Along with attorney’s fees, here are some other out-of-pocket fees you might have to pay when you file a workers’ compensation claim:

• Filing fees
• Fees associated with making copies for medical records
• Postage and copying fees
• Fees associated with the attorney’s travel expenses
• Deposition costs and fees
• Paying the doctors who conducted independent medical exams (such as when you go to the ER for your injury)
• Other medical bills that an attorney does not cover

Keep in mind that the above costs are not covered by the fee agreement your attorney gets. Most law firms will pay some of these fees as they come up, but you will have to reimburse them after you win your case (if you win). Some lawyers may charge for these things even if you lose your case. You will want to discuss things like who is going to pay for the lawyer's travel before you sign any agreements to work with them.

Also, make sure you understand what your settlement agreement covers, whether the attorney will cover these fees as they come up and if you have to pay them back. You will also want to get an estimate of a typical invoice for someone who hires a workers’ compensation attorney for a case like yours.

You can determine how much money your lawyer will be paid out by providing them with a clear explanation of the fees you will be charged when you first meet with them. In states that cap an attorney’s compensation, lawyers will usually charge that amount. For example, if your state has a percentage cap of 20 percent, then that’s what most lawyers in that state will charge. However, you can ask your attorney to handle your case for less. It never hurts to ask. Be sure to negotiate the terms and conditions before you sign the fee and representation agreements.

Is It Worth It To Hire A Workers’ Compensation Lawyer?

The workers’ compensation process is very complicated. Insurance companies will try to do everything they can to reduce their costs and benefits that they have to pay you. They love when an injured person tries to represent themselves because they know it means that they will have to pay you less money. Hiring legal representation guarantees that you’ll earn more money for your claim as opposed to representing yourself, especially if your case goes to court.

If you are considering hiring a workers’ compensation attorney or you have had a claim denied, then ask for a free consultation with a lawyer. Talking to a lawyer should be the first thing you do when you get injured. They can provide free advice and will help you make the next steps. If you decide to hire them, they will make it much easier for you to get the money you deserve. Most people find that hiring an attorney is worth it, even after attorney fees. This is because a lawyer will handle most of your case for you while you concentrate on getting better. You’ll end up making more money after you hire a lawyer than you would have on your own.

How To Find a Workers' Comp Lawyer Near Me

It’s easy to find a workers’ compensation lawyer near you. All you have to do is run a Google search to “find a lawyer near me.” However, finding an experienced workers’ compensation lawyer who is trustworthy is the key to winning your case and getting as much money as possible. If you’ve suffered a serious work injury or illness, then it’s almost always a good idea to hire a lawyer. This ensures that you’ll get all the benefits you deserve.

Workers’ compensation claims are complex and highly specialized. Therefore, finding a good lawyer is imperative. However, it’s not always easy to find a good lawyer. Before you hire anyone, you will want to make sure your attorney is experienced in workers’ compensation claims and has a proven track record as opposed to someone who has only dabbled in the industry. You will want to pay attention to things like years of experience, attention to detail, depth of knowledge, and trustworthiness. These are things that are hard to detect from marketing or advertisements alone. Here are some tips for finding the best workers’ compensation lawyer near you:

     1. Ask for recommendations from people you know.

You can probably find a workers’ compensation attorney by turning on the TV or watching an advertisement on social media. However, many good workers’ comp attorneys don’t advertise or spend a lot of money on marketing. Therefore, they depend on word of mouth and referrals from satisfied customers to gain your business.

You’re much more likely to find a good workers’ compensation attorney by asking friends and family with experience rather than trusting an ad you see online. You can also ask your state and local bar associations for referrals. Many legal aid offices will provide leads, too.

     2. Be leery of what you read on the internet

The internet can be a good source of information, but use it wisely and take what you read with a grain of salt. This is true of anything you read on the internet, and not just research on workers’ compensation lawyers. Many injured workers find their workers’ compensation lawyers online. If you’ve identified what kind of lawyer you need and where, you might notice that ads are starting to pop up everywhere you look online. This might cause you to click on a link for an attorney and read about them, which is a good way to do your own research. But remember that not everything you read about a law firm might be true.

Look for more information about a particular workers’ compensation attorney before hiring them. Don’t base all of your information about the law firm based on their ad alone as this might not be an accurate representation of the company. It helps to study the attorney’s website to see if it lists workers’ comp as one of their specialties. Check the website for other testimonials and reviews from past clients.

Does the law firm look like they have a long-standing track record of happy clients? How long have they been in business? Perform a Google search of your potential lawyer to gain an appropriate amount of information about their level of knowledge, professionalism, and experience. You can also check their social media pages to see what kind of feedback they have gotten from the public. Use the internet to gather as much information as you can, and use this information however you see fit. But don’t make a decision based on what you read online alone.

     3. Treat the first meeting with your potential lawyer as a job interview

When you first meet with a workers’ compensation lawyer that you may want to hire, treat that initial meeting as a job interview. You are the employer and the lawyer you are meeting with is the potential hire. Most workers’ compensation lawyers will meet with you for free before you hire them. Lawyers will do a good amount of question-asking during this initial meeting to learn more about your case.

However, you will want to ask just as many questions to make sure you hire the right lawyer. Keep in mind that this initial meeting is a job interview for the lawyer. They should want to take your case so that they can make money off your settlement. At the same time, you will want to hire a lawyer that can get you the maximum amount of money. This will require a lot of question-asking from both parties. Here are some questions you can ask the lawyer you meet with:

• How much of your experience is devoted to workers’ comp cases?
• How many years of experience do you have in handling workers’ compensation cases?
• If I call your office with a question about my case, will I speak to you or a legal assistant?
• Will you represent me throughout the entire workers’ compensation process, such as during appeals and administrative hearings, as well as in court?
• Can you provide references that I can contact to learn more about your experiences, such as colleagues in the legal industry or former clients that you have successfully settled workers comp claims for?
• Will you be taking on my case from beginning to end, or do you have a legal assistant or a team of lawyers to handle my case?
• Do you also represent insurance companies and employers in workers’ compensation claims or do you only work with injured workers?
• What do you estimate the value of my case to be? How do you make these estimations? What are the strengths and weaknesses of my case?
• Will you charge me for litigation-related expenses? If so, what do these fees include? Will you charge me if I lose my case?
• What will the total costs of your services be if we win the case? What will they be if we do not settle?
• Do you belong to any professional organizations in the workers’ compensation industry? Are you a board-certified workers comp lawyer? What other professional certifications do you have?
• Please explain how a workers’ compensation claim goes through the system from start to finish. Please explain how attorney’s fees work.
• Will you arrange for me to receive medical exams with specialists? Do you require me to make these appointments? If I need to collect appropriate documents for my case, will you do this?

     4. Make sure the attorney treats you with respect and does not talk down to you

Your initial free consultation with a workers’ compensation attorney is a good time to evaluate the lawyer’s demeanor and professionalism when it comes to handling your case. You will want to hire someone you can trust and that you get along with as you may be working with them for a long time, depending on your claim process and if the insurance company denies it. A well-qualified attorney will answer all of your questions and will listen to and address your concerns. If you have to meet with several lawyers before hiring, then pick the one that makes you feel like you can trust them and that they want to handle your case to the best of their ability.

Also, pay attention to how the lawyer treats his or her administrative assistants, legal team, and paralegals in their office. You will likely be interacting with them on a regular basis. If they treat you poorly or do not return your phone calls, then take your business elsewhere. Likewise, if the lawyer that you are considering hiring treats his or her team rudely, go somewhere else. There should be no room in your claim for rude behavior.

Communication is also important. As your claim progresses, your lawyer should keep you updated on the status of your claim. Your lawyer should be in constant communication with you. If you barely hear from them, then tell them about your concerns. If you have to tell them several times that you want to hear from them more, then you may want to go somewhere else. However, before you switch lawyers during your case, check out the consequences below. Also, reread the section about what a good lawyer should do for you before you hire an attorney.

Can I Switch Workers’ Comp Lawyers During My Case?

If you aren’t happy with your workers’ compensation lawyer, then you can always switch lawyers even if you are in the middle of your case. However, before you fire your lawyer, make sure you know the consequences of doing so. First, firing a lawyer in the middle of your case might make it harder to find another lawyer to work for you. Many lawyers consider it a red flag if you fire a lawyer halfway through your case, and they may be reluctant to work with you. Additionally, many lawyers know that they would make less money after they have been hired to replace another attorney.

Also, consider why you want to fire your lawyer. In some cases, it might not be better to hire a new lawyer. If your lawyer is rude to you, doesn’t return your calls, or lacks experience in workers’ compensation claims, then you are correct for firing them. However, if there are delays in your case, then it could be easy to blame your lawyer when it’s not their fault at all. Make sure you know where the delays are coming from before you fire your lawyer if you are frustrated. There may be things that are out of your lawyer’s hands and will not get better just by switching lawyers.

FAQs

Q: Is it worth getting a workers’ compensation lawyer?

A: If you have been injured at work or become sick due to an incident at work, then it’s almost always worth it to get a workers’ compensation lawyer. This is because a lawyer can represent you and give you legal advice when it comes to filing a workers’ compensation claim. They can also tell you what to do if your claim is denied or your employer starts treating you differently after the accident. Hiring a workers’ compensation lawyer also ensures that you will get more money from your claim. Most of the time, you will not pay any fees until your lawyer wins your case, which can help take any financial obligations out of the picture.

Q: What does a workers’ compensation lawyer do you for?

A: A workers’ compensation lawyer will communicate with your employer and their insurance company during a claim so that you don’t have to. They will also gather medical documents and other evidence for your case to support your claim, negotiate a fair settlement, and represent you if your case goes to court.

Q: Why get an attorney for workers comp?

A: The workers’ compensation process is designed to provide injured workers with lost wage benefits, medical coverage, and more. However, insurance companies are known for trying to get out of paying benefits to injured workers. They will conduct investigations and pull strings to ensure that they have to pay as little as possible. Many insurance companies will try to put off your claim long enough so that you will settle for less. An attorney will fight the insurance company for you to ensure that you get the money you deserve to get better and make a full recovery. They will handle all legal aspects and talk to your employer for you, ensuring that the case moves along as expected and that you don’t settle for less than you deserve.

Q: What percentage does a workers’ compensation lawyer get?

A: The exact percentage that your workers’ compensation lawyer will make from your settlement varies. Some states have a cap when it comes to the amount that a lawyer can charge. In these instances, most lawyers will charge whatever the cap is. However, you can expect to pay between 10 and 25 percent to your lawyer for their work. Remember that lawyers work off contingency, meaning that you don’t pay them until they win your case. It’s a good idea to go over fees before you hire a workers’ compensation lawyer so that you know exactly what you’ll be charged for, whether or not your case settles. You may still be responsible for paying some fees if your case doesn’t settle. Be sure to go over this information with your lawyer when you initially meet them for a free consultation.

Q: When should I file a workers’ compensation claim?

A: The best time to file a workers’ compensation claim is immediately after the accident or incident. If you wait too long after the incident, the insurance company will think that you are not really hurt or injured. There are some instances in which you can file your claim up to six months to three years after it happens, such as when you are traveling or there has been an honest mistake. However, the sooner you can file your workers’ compensation claim, the better.

Q: What happens if I get caught working while on workers comp?

A: If you are collecting workers comp benefits because you are too injured or sick to work, and you get caught working, then you may be accused of fraud - especially if you are performing work that you claim you cannot do. If this happens, then you may have to pay a fine or spend time in jail. Your workers' comp benefits will almost always be revoked.

Q: What qualifies as a permanent disability?

A: A permanent disability refers to a physical or mental illness or injury that affects your life long-term, preventing you from recovering and working a normal job. You will need to prove that you have reached maximum medical improvement from your doctor. The insurance company will also need to see any other medical documents that pertain to your injury or illness. If you are seeking permanent disability, then be sure to hire a lawyer who has experience in this area of workers’ comp.

Q: Can I still work if I am on disability?

A: Social Security Disability Insurance (SSDI) payments will be revoked if you become engaged in what they call “substantial gainful activity.” In other words, if you earn more than $1,310 per month or $2,190 if you are blind, then you may no longer qualify for social security disability benefits.

Q: How much money can you get from a workers’ compensation settlement?

A: The amount of money that you are eligible for depends on several factors, including the details surrounding your incident or injury, how severe the incident was, how quickly you reported it, if you have a lawyer, and the insurance company’s response. However, the average payout that most employees get for their workers’ compensation settlement is around $20,000, but this number can range anywhere from $2,000 to $40,000.

Q: What are my rights if I get hurt on the job?

A: If you get hurt or fall ill while on the job, then you have the right to file a claim for your illness or injury in a workers’ compensation court or the state’s industrial court. You also have the right to see a doctor and pursue medical treatment for your injury or illness. If your doctor releases you to return to work, then you have the right to return to your job if you want. If not, then you have the right to obtain a lawyer and pursue benefits to help cover the cost of your medical treatment. You also have the right to obtain benefits for lost wages as well as pain and suffering treatment.

Q: Does workers’ compensation affect future employment?

A: You might be wondering how having a workers’ compensation claim affects your future work and employment opportunities. Keep in mind that filing a workers’ compensation claim should not affect your future employment. A workers’ compensation claim cannot be held against you if you decide to work in the future after your claim settles. This is because obtaining compensation for an injury that you sustained on the job is your right as an employee. If you have been denied a job because of a past workers’ compensation claim, then the employer has violated your rights and you should seek the legal help of a lawyer.

Q: Does workers’ compensation show up on background checks?

A: Yes, a background check in most states will reveal if you have received workers’ compensation. This is because an employee’s claim goes through the state system or the Workers Compensation Appeals Board (WCAB), it becomes accessible through public records. However, this information cannot be held against you if you decide to apply for employment in the future. Workers’ compensation should have no effect on your future employment.

Q: Can my employer legally attend a workers’ compensation doctor appointment?

A: Many injured workers have inquired whether or not their employer has the right to attend their doctor appointments. If your employer insists on coming with you to your doctor’s appointments, then you’ll be happy to know that they are NOT required to come. You have the right to tell your employer that they cannot attend your doctor appointments as this is an invasion of your legal rights and privacy. Your employer never has the right to come with you to your doctor appointments if you do not want them to. This is an intrusion of privacy, and there is no law that permits your employer to come with you to your medical appointments. If your employer insists on coming, then you can have them talk to your attorney and they will make it clear that this is not allowed.

Q: Can you get fired due to a work injury?

A: If you recently became sick or injured at work, and you file a workers’ compensation claim, your employer cannot fire you. However, if your employer fires you and then you file a workers’ compensation claim, then there is a good chance the insurance company will not approve your claim. This is because the insurance company will think that the only reason you filed a claim was to get back at your employer. This is why it’s important to make sure you file a claim and report your injury to your employer as soon as possible.

Q: Can I be forced back to work after an injury?

A: You cannot be forced back into work if you are injured, even if you have received a notice of ability to return to work from your employer. If you receive one of these notifications, then contact your workers’ compensation lawyer as soon as possible and let them handle your employer.

Q: How long do I have to see a doctor after a workplace injury?

A: The length that you will be required to receive medical treatment or see a doctor will depend on your injury and your doctor's orders. If you have suffered a severe or long-lasting illness, then you will likely have to see your doctor for longer than if your injury was less severe. The average length of time that an injured worker usually sees their doctor after an accident is around 30 days. You may be required to see your employer’s doctor for 30 days and then you can see the doctor of your choice after this. The terms and conditions of your claim should be handled by your lawyer.

The post What Does A Workers' Compensation Attorney Do? appeared first on LA Lawyers.

If you have been injured in a car accident, bitten by a dog, or slipped and fallen on someone else’s property, then it might be time to seek the advice of a qualified legal professional. This article discusses when to hire a personal injury lawyer, and how to find one near you.

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal dispute that occurs when someone suffers harm or an injury as a result of someone else. If someone else is legally responsible for your accident, then you may have a personal injury lawsuit on your hands.

The person who is responsible for your injuries will need to have their insurance company pay for your medical bills, including pain and suffering bills and other ongoing medical expenses. If your personal injury lawsuit involves medical malpractice, then you may want to hire an attorney to work with the insurance company and hospital lawyers.

A personal injury lawyer can help you formalize your case by representing you in a civil court proceeding. Court sessions are designed to find others who are legally at fault through a court judgment, which may include disputes that can be resolved through informal settlements before a lawsuit is filed.

There are two possible outcomes of a personal injury lawsuit, which occurs when you need medical treatment for an injury involving property damage or a car accident. We’ve listed them below:

1. Formal lawsuit

A formal lawsuit occurs when a private person (known as the plaintiff) files a civil complaint against another person, corporation, business, or government agency (known as the defendant).

Formal lawsuits are not the same as criminal lawsuits, which are initiated by the government. These lawsuits allege that the plaintiff acted carelessly or irresponsibly, causing injury or harm to the defendant. Filing a formal lawsuit usually requires the help of a personal injury lawyer.

2. Informal settlement

An informal settlement refers to settling a dispute over an injury or accident before it goes to court. Informal settlements are settled early among the people who were involved in the dispute, as well as the attorneys representing both sides.

A settlement refers to a negotiation and a written agreement where both sides agree not to take any further action, such as filing a lawsuit. Instead, people who agree to an informal settlement agree to resolve the dispute through an agreed-upon payment, usually by the person who is responsible for the injury or accident.

What Does Statute of Limitations Mean?

A plaintiff only has a limited amount of time to file a lawsuit. This is known as a statute of limitations. Most of the time, the period of time dictated by the statute of limitations will begin when the plaintiff becomes injured or first discovers their injury.

They must find a personal injury lawyer within that time frame to sue for damages and lost wages. Once the plaintiff starts the lawsuit, they are no longer limited to a timeframe to present their case or have the other person’s insurance pay you out if you win the case.

State laws are responsible for regulating statutes of limitations, and they vary depending on the type of injury and state you are located in. For example, the statute of limitations for a person who becomes injured in Texas is two years. A person who suffers from a sex crime has a statute of limitations of five years and one year of slander or libel.

Personal injury laws mostly take place through court decisions, unlike other areas of law that are controlled by statutes, including penal codes through criminal cases. Personal injury cases are also controlled by treatises that are written by legal scholars.

Some states will summarize personal injury development laws in written statutes. However, for practical purposes, court decisions will remain the primary source of the law for any case that arises from an injury or accident. A personal injury lawyer can help explain these rules to you.

What Does Compensation From A Personal Injury Settlement Cover?

Personal injury lawsuits are designed to help cover compensation (also known as “damages) for the harm that you have suffered in an accident. The idea behind compensation is that the person who was hurt does not have to deal with the financial burden of someone else’s negligence.

There are several types of damages you can collect in a personal injury lawsuit. Some are economic and refer to specific costs that you have to deal with after an injury. Others are non-economic and refer to more subjective damages. The amount available and what is limited depends on where you live and where the injury took place.

Here are some common types of compensation that you can get from a personal injury settlement:

Medical Bills

If you were involved in a personal injury accident, then you might need help paying your medical bills. This may include hospital says, testing, treatment, and outpatient care to treat your injuries.

Medical bills may also be required on a more permanent basis, especially if you suffered permanent or serious injuries. This may include therapy or injection shots for pain, which can be expensive and time-consuming.

Injured persons can face thousands or even hundreds of thousands of dollars in medical bills. Ideally, your personal injury settlement should cover all of this.

Lost Wages

If you were injured and had to miss work, you should be compensated for it. This includes if it was just a small matter of time when you had to go to a doctor’s appointment or maybe you were taken to the hospital and had to take a few days off.

Your settlement should cover these days that you had to miss work. It should also cover you if you can no longer work because you were permanently injured. Lost wages should be covered by your personal injury settlement.

Pain and Suffering Damages

Pain and suffering damages are determined by the depth of the pain and suffering you’ve incurred as a result of someone else’s negligence. This may include the type of injury you have and the medical treatment needed.

Pain and suffering damages can exceed a million dollars in a trial with a jury. However, to get this type of compensation, you’ll need to have as much evidence as possible to prove that the impact of the accident caused by someone else qualifies you to get more money.

You will need to supply medical records that can show your diagnosis, prescriptions, hospital stays, and clinical visits to help determine the type of coverage you’ll get. This only works if you are proactive about your treatment and seek medical treatment from your physician in a very detailed manner. It helps to take pictures and videos of your injuries and keep written records of your symptoms each day.

By gathering enough information to accurately represent your condition, you will be providing to the courts or insurance adjuster that you need additional money for the pain and suffering you’re enduring. Keep in mind that in court, there is no single standard measure to assess a dollar amount for pain and suffering. However, you can receive a multiplier calculation on the internet if you research the topic.

A jury could determine that you are eligible for pain and suffering based on only subjective factors, such as the plaintiff’s testimony and even whether or not they like the plaintiff. However, having written records and other evidence can help boost your chances of getting more money for these subjective factors.

Emotional Damage

Emotional distress refers to the type of compensation that you get when you have been injured in an accident and experience mental and emotional damage. It’s based on the theory that a person’s injury doesn’t just pertain to their physical injuries.

Someone who sustains a personal injury accident could experience anything from depression and anxiety to severe emotional trauma, such as post-traumatic stress disorder. This depends on the severity and nature of the accident.

Getting compensated for emotional damage support requires you to work with a therapist and gain accurate records from them. Most of the time, you will also need to be diagnosed with a specific condition.

Wrongful Death

Wrongful death damage refers to civil actions that can be filed by the survivors of anyone who has been killed in an accident due to someone else’s negligence. This is because survivors of someone who has died are left without the support, love, and income of their deceased family member, and they can be awarded compensation from the courts.

Compensation for wrongful death can be awarded to ease the financial burdens linked to the loss of a loved one. It’s designed to cover the costs of lost income, other bills, and funeral expenses that survivors must face due to the death of their loved one. This compensation can also help cover other aspects of wrongful death areas, such as the unnecessary and sudden loss of someone’s parent or spouse.

The law generally refers to “lost parental instruction, guidance, and companionship” for children who lose their parents to an accident caused by someone else. This brings us to our next type of personal injury damage.

Loss of Companionship

You might be entitled to loss of companionship or loss of consortium if you or a loved one are in an accident and suffered an injury to an extent that you can’t continue with a complete relationship with your spouse or partner. This applies if the person affected by an accident is either you or your loved one. It also encompasses the death of either you or your loved one due to an accident caused by someone else.

Punitive Damages

Punitive damages refer to making an example of the defendant. Claimants in some states could be entitled to punitive damages, which refers to an award that punishes the person who injured you if their actions were severely dangerous. This damage is different from other types of compensation for damages, which are designed to help the injured person pay for medical expenses.

A punitive damage award punishes the person who injured you, and it also serves as an example for others who engage in the same activity. The actions of the defendant must either be intentional or as a result of willful misconduct for the courts to award this type of compensation.

For example, if an insurance company of a defendant behaves poorly or in bad faith, or a medical professional commits malpractice, you might be entitled to punitive damages. It should be noted that not every state allows for these damages. Those that do have caps on how much a person can get from punitive damages.

How To Handle Your Own Personal Injury Case

Before attempting to handle your own personal injury claim, it’s important to know what could go wrong if you mishandle the case. Handling a personal injury case wrong could complicate the claim process and prevent you from getting the financial help you need.

If you’re not sure how to handle a personal injury claim, then consider contacting a personal injury lawyer right after your injury to determine if it’s worth the cost. We’ve listed a few examples of personal injury cases that you might be able to handle by yourself without an attorney’s help.

     1. When you live in a no-fault state

If you live in a no-fault state, then you cannot sue unless your injuries exceed a certain level. This is usually determined by location, the nature of your injuries, or how much it costs to treat them.

No-fault claims limit you to recovering lost damages from your own personal injury protection coverage by yourself. This means that hiring a personal injury lawyer might not be worth it.

However, you might want to consider hiring a personal injury lawyer in a no-fault state if your injuries are severe enough to determine if you are eligible to step outside of the no-fault system.

     2. When you were in a car accident with minor injuries

Auto accident claims are one of the primary reasons for hiring a personal injury lawyer. However. if you were in a car accident with minor or no injuries, then you might not need to hire a lawyer.

If someone rear-ended you at a low speed and caused minor injuries to you or your car, then you might be able to handle the claim by yourself.

As long as the injuries sustained to you and your passengers are minor, and you only require a few medical visits, then your insurance company should be able to handle this.

Specifically, your insurance should be able to cover the costs of repairing your vehicle and medical visits. If you are satisfied with the service you receive from your insurance company, then there is no need to seek legal advice or call a personal injury lawyer.

     3. When you’re confident you can learn about the settlement and legal process of a claim

Settling a personal injury claim by yourself can be hard. There is a lot of information to process, especially when it comes to auto accidents. If you’re comfortable with the legal aspects of a personal injury claim and don’t feel like you need to seek expert advice, then you might not need a lawyer.

However, researching this information on your own can be time-consuming and frustrating. Many people do not have the time or energy to do it, which is why hiring a personal injury lawyer can help.

If you find yourself getting frustrated researching personal injury claims and car accidents - especially fault and legal liabilities, compensation for different types of damage, and state laws that may affect your case - then it might be time to hire a legal professional.

     4. When you’re confident you can negotiate with an insurance adjuster

You might be able to handle a personal injury claim by yourself if you are comfortable negotiating with an insurance agent. You’ll need to reach a settlement that you feel is far.

If your personal injury case goes to a Small Claims Court, then you can use the information you researched to represent yourself in the legal process. If not, then consider hiring an attorney.

     5. When you’ve already received the maximum amount available

Insurance companies will only pay you the maximum amount on your policy limits. For example, if the person who injured you has a maximum insurance policy of $100,000, and you’ve been offered a $100,000 settlement, then you won’t need to hire a lawyer to try to get more money for you.

Any additional money than what the insurance company offers would need to come from the person who injured you directly. If they have assets or money, then it might be worth hiring an attorney to try to collect additional money if you believe you deserve it.

However, if the person who injured you does not have assets or additional money, then you might want to accept the insurance money without hiring an attorney.

When To Hire A Personal Injury Lawyer

When you make a claim against an insurance company, they will have attorneys representing and fighting for them. Lawyers spend years studying the law, and they are the most reliable professionals to turn to when you need legal advice.

If the insurance company or party you filed against takes you to court or has legal representation, then you might want to hire a personal injury lawyer to help you deal with these tricky situations. Here’s when to hire a personal injury lawyer.

     1. When your injuries are more severe than you thought

Many people will avoid hiring a lawyer if they only have minor injuries after an accident. If you got into a car accident, and only bruised your arm or suffered a few small cuts, then you might not need legal representation.

You might not need to hire a personal injury attorney if the insurance company of the other party involved offers to pay for your medical bills and give you money on top of that.

However, you may still find it beneficial to speak to a lawyer even if your injuries seem to be mild. Keep in mind that minor injuries at first may turn into more severe ones. This happens a lot.

For example, if your injuries turn out to be worse than expected, and you already accepted an offer from an insurance company, there is nothing you can do. In this instance, hiring a lawyer right away would have been a good idea because they could have advised you to wait until you know the full extent of your injuries before accepting an insurance offer.

     2. When you’re entitled to “pain and suffering damages”

If your case goes to court, then you might be eligible to receive pain and suffering and emotional distress compensation for damages that occurred during your accident. This means that a settlement that does not include these damages might not be complete.

A personal injury lawyer can explain all of this to you. They can also help you receive a fair settlement that includes everything you’re entitled to, including pain and suffering damages.

     3. When you suffer from serious injuries

You absolutely need to hire a personal injury lawyer if you sustain serious injuries during an accident. This is because your lawyer can help make sure you receive the full range of benefits you’re entitled to.

Lawyers are experts when it comes to negotiation, and this skill can help maximize your recovery. Keep in mind that insurers and defendants will take your claim more seriously if you hire an attorney. Otherwise, the defendant’s insurance company may try to get you to reach a settlement that is less than what you are entitled to.

What Kinds of Cases Do Personal Injury Lawyers Handle?

You can hire a personal injury lawyer to handle several different types of negligence cases. Examples include truck or car accidents, aviation accidents, legal or medical malpractice, wrongful death cases, child daycare negligence, and more. Negligence occurs when a person else does not use care to avoid causing injury or loss to someone else. Most of the time, negligence occurs when one person injures another.

Here is an example of a negligence case. A vehicle driver or motorist carelessly operates a vehicle and causes damage to another driver or pedestrian. This may occur either by crashing into them or hitting them while they walk on the sidewalk. Here are some other examples of negligence that quality for the help of a personal injury lawyer:

• Slip and fall accidents or when someone trips on another person’s property
• When a medical professional does not provide standard medical care, causing additional harm that could have been prevented under optimal circumstances (for example, if you were misdiagnosed or treated for a condition that you did not have, or if you sustained harm due to your doctor mistreating you or not catching a serious illness)
• A childcare provider harms a child under their care, either intentionally or by not providing suitable care)
• If a manufacturer sells a faulty product that causes harm to you
• When someone else causes harm to you, such as during a car accident - even if there is no intent to harm you or when the accident occurs unintentionally
• During a physical violence or domestic violence act - such as when a business employee intentionally touches, strikes, or hurts a customer

Other types of personal injury cases may include elderly miscare, defective products, or workplace accidents. This brings us to our next section.

Common Examples of Personal Injury Cases

Here are some common examples of personal injury cases that a lawyer can help you with:

Motor Vehicle Accidents

Motor vehicle accidents refer to trucks, cars, boats, and motorcycles, as well as other vehicles that might injure another person. Most of the time, these accidents occur as a result of someone else’s negligence, and the damages from these accidents can have deadly or lifelong impacts. This includes accidents that might not seem like they are that bad when they happen as many injuries become worse over time.

A personal injury for a motor vehicle lawsuit would be able to help provide compensation for immediate medical bills, such as those that occur from the crash as well as future medical expenses, including rehabilitation. You can also collect damages for lost wages if you were hurt and unable to return to work. If you lose the ability to work, then you can collect for compensation as well as for the emotional and physical damage you’ve endured because of the accident.

For example, if you are a motorcyclist and you were hit head-on by a drunk driver who was driving in the wrong lane, and you sustained life-altering injuries, then you would be eligible for lifelong expenses as medical bills and loss of earning potential can add up quickly. 

Slip and Fall Accidents

Slip and fall accidents are a bigger deal than you may think. Most people don’t just fall without a reason. If you slip and fall on someone else’s property and sustain an injury that could have been avoided if the property owner had taken better care of their facility, then you could earn compensation for this.

Here are some examples that may occur during a slip and fall accident:

• A restaurant or grocery store does not clean up after spilling food, drinks, or a cleaning product and it causes you to slip and fall
• A public area (such as a restaurant or a grocery store) has a loose railing or the steps are in poor condition and it causes you to fall
• A public area, like a grocery store, does not salt their sidewalk after it snows and you slip and fall on the ice
• And many more

These types of accidents may result in an injury that lingers, which leads to costly medical bills and time away from work to go to your doctor appointments. An attorney can help cover these costs and lost wages by using photos, videos, and medical records to prove that someone else’s negligence caused your injuries. You should not have to suffer because someone else did not keep their property safe for visitors.

Birth Injuries and Complications

Birth injuries and complications are especially hard for family members. A mistake made by a medical professional can cause injuries to a newborn that may be long-lasting or permanent, such as paralysis, cerebral palsy, or brain issues. This is a tragedy for both parents and children involved, and it puts major financial stress on the family.

A personal injury lawyer can help you get the money you need to support your family and newborn if your child was injured during birth due to the lack of care by a medical professional. Compensation for birth injuries may include tangle and intangible damages, such as permanent medical bills lasting the entirety of the injured’s life and loss of life’s enjoyment for your child.

For example, if your child was injured due to a delayed C-section, then you may be entitled to compensation. Compensation doesn’t make up for the injuries your child has sustained, but you are entitled to help when it comes to paying for medical bills and taking time away from work to care for your child who was injured by someone else’s mistake.

Wrongful Death Claims

A wrongful death case is an unnecessary tragedy. Getting compensated for these types of terrible personal injury accidents can fall under a few different categories, as long as they are caused by someone else. You might be entitled to compensation for current and ongoing medical bills as well as lost wages that you can get in any personal injury case.

You might also be entitled to wrongful death compensation if you are the survivor of someone who died due to someone else’s negligent behavior. In these instances, a plaintiff can seek compensation to cover funeral expenses. They can also seek compensation to account for the enduring and sudden loss of household income due to the death of someone who contributed financially.

Wrongful death compensation also takes into account pain and suffering damages as well as loss of companionship. These benefits cannot bring your loved one back, but they can bring you some peace of mind after a sudden loss as well as provide financial relief if it’s needed. It’s important for survivors of deceased loved ones to act immediately to gain the most compensation for their claim. This can be difficult to do while you are grieving, but it’s the best way to ensure you’ll get the justice you deserve. An attorney can help you with the details during these sensitive times.

Spinal Cord and Brain Injuries

Spinal cord and brain injuries are some of the worst types of injuries you can sustain from a motor vehicle and other personal injury accidents. Personal injury cases that involve brain and spinal cord injuries may cause permanent physical damage or mental damage in the form of paralysis, cognitive impairment, and more.

If you or a loved one has been injured by another person or company, then you are a victim of their carelessness and entitled to compensation. Trying to hold these parties accountable on your own can be hard, especially while you are dealing with serious injuries. A personal injury lawyer can help you get the compensation you deserve.

A personal injury lawyer can work tirelessly for you. They will use evidence such as photographs, videos, medical records, and other documents along with medical expert depositions to support your claim and get you the money you need to cover damages, such as present and past medical bills, lost wages, time away from work, pain and suffering, and loss of life’s enjoyment.

Fire or Burn Injuries

Burns and injuries sustained due to a fire can be dangerous and life-altering. If you or your loved one sustain injuries due to a fire or a chemical burn due to unsafe working conditions or an apartment fire that occurred from a landlord who did not take proper safety precautions, then you may be entitled to compensation. Apartment fires may occur because a landlord did not install or maintain proper fire safety equipment or measures, such as faulty electrical wiring. This can lead to lifelong injuries that require costly medical care.

Burns can be caused by a scalding beverage or a chemical burn. Even if your injuries heal quickly, you have the right to hold the negligent party accountable for hurting you. Some burns may result in lifelong trauma or scarring, which can also result in costly medical bills for ongoing treatment. You may also have to miss work because of the injuries you sustained. This - coupled with pain and suffering damage that you may have to deal with for the rest of your life - makes you entitled to compensation. 

Whether they happen to you or a loved one, life-changing injuries make you feel angry, but you are not helpless. Hiring a personal injury lawyer can help compensate you and hold the other person responsible for hurting you. If you have suffered a burn or fire injury, then consider hiring a personal attorney who specializes in burns and fire damage.

Dog and Animal Bites

Dog and animal bites might not seem that bad at first, but they can become serious later on or leave lasting scars. If someone else’s pet attacks you, then you can file a lawsuit against the owner and maybe even their homeowner’s insurance.

Dog bites and animal bites are part of a personal injury case that allows you to gain compensation for medical bills, lost wages, and emotional distress support from the accident that injured you at someone else’s hands.

The amount that you are entitled to for a dog or animal bites may depend on the state and jurisdiction. Most of the time, the owner of the animal is responsible for the actions of the animal, whether or not they were aware of their animal’s aggressive behavior. However, in some states, the law will determine the degree of liability on several factors, such as whether or not the person bit provoked the animal. A court of law may also look at where the accident happened.

Lack of Security

If you are injured due to inadequate security practices when you shop at a store, go to a concert, park in a parking garage, or go somewhere public, then you could be eligible to receive compensation. This type of personal injury case also includes death due to lack of security.

In most cases, if you or a loved one is injured or dies on public property due to lack of security, then the property owner will be responsible as long as you can prove that they should have provided security but failed to do so. You would not file the lawsuit against the person who shot, injured, or raped you, but rather against the landlord or property owner.

The property owner’s liability will be determined by factors such as how foreseeable the offense was and if it was preventable. For example, if you were injured during a robbery in a dark parking structure due to lack of security, then the property owner might be responsible. Additionally, if you were attacked in the hall of your apartment because a door or gate should have been locked but it wasn’t, and an outside party entered, then you would be entitled to money.

Here are some other examples of lack of security negligence involved in a personal injury claim:

• You have repeatedly asked your landlord or a public space owner for an alarm system and they did not respond to your requests, and you get injured or attacked, you could be entitled to a personal injury claim
• You were attacked in a space where security should have been present
• You were attacked in a space where there should have been proper lighting or metal detectors

Sometimes, such as in the case of a mass shooting, assigning blame to a party can be tricky. A personal injury lawyer can help you get to the bottom of complicated cases, such as a mass shooting. Other cases are easier to address, such as an injury due to lack of security measures in a public space or your apartment complex.

How Does A Lawyer Fight A Personal Injury Lawsuit?

Your personal injury lawyer and their legal team are at the frontline of your case. They are responsible for getting you the money you deserve in a personal injury lawsuit. When you first meet with a personal injury lawyer, they should assess your case to determine the best way to fight for you.

This will require your personal injury lawyer to do the following:

• Determine how severe your injuries are, including both immediate and potential long term injuries (this will help determine how long you will need compensation for and how much you should get)
• Determine the extent of the negligent circumstances involved (in other words, how responsible is the party who injured you?)
• Investigate the scene of the accident and take notes regarding how it happened, when, where, why, etc.
• Locate and question witnesses to determine the cause of the accident and how responsible the person who injured you is
• Work with medical experts to determine how long and extensive your medical treatment will be
• Obtain and review documents, videos, and photos necessary to prove case details to a court jury or insurance adjuster
• Request documentation from appropriate sources, such as medical records, police documents, etc.
• Work with experts who can reconstruct the scene of the accident as this information will be needed in court
• And more

Each case is personalized and will require different things from your personal injury lawyer. He or she will use this information to go up against the defendant’s attorney to get you the money you deserve - as much as possible.

If the insurance company or big corporation that you are filing a personal injury lawsuit against won’t budge, then it’s imperative to hire a lawyer to represent you. Personal injury lawyers are trained, experienced, and ready to take your case to court.

They will represent you against the biggest insurance companies and corporations whether you’re in settlement or at court. Lawyers are trained to win over the initial low-ball offers that you will get if you don’t have professional representation behind you.

As the client in a personal injury case, there are several things you can do to help your lawyer win your case. First, don’t admit fault for your injury. This goes against once your lawyer is trying to do - win your case and get you as much money as needed to pay for your medical expenses.

Here are some other things you can do to ensure that you win your case:

• Keep getting treated by your doctor and follow his or her medical advice and directions
• Go to all follow-up appointments and treatment options
• Write down everything you can about your condition, including the ups and downs that you experience due to your injury (for example, if you notice any new aches and pains, write this down, when you felt them, what you were doing when you felt them, etc.)
• Obtain proper documentation from your doctor to show that you have been to all medical appointments and proof that you are being compliant with your doctor’s orders
• Obtain other documents that might be useful for your case, such as police reports, insurance documents, and videos or photos that you have of the accident or your injuries, and give these to your lawyer

Do I Need To Hire A Lawyer If I Have Insurance?

One of the main reasons why many people do not hire a lawyer is because they have insurance or the defendant has insurance. You might think that the insurance company is going to look out for your best interest. However, most of the time, insurance companies are not on your side.

For example, your primary goal is to get the most damage coverage possible to compensate you for your medical and auto bills. However, insurance companies want to make sure they pay out as little as possible so that they make more of a profit than you do.

Hiring a lawyer is a good idea because they have been trained to fight for you and go head to head against insurance companies. They know all the “tricks” that an insurance company will try to pull, and they can defend you better than you can defend yourself in a court of law.

In fact, insurance companies know how to intimidate victims in a personal injury claim. That’s what they do for a living. They may tell you things like you were to blame for the accident, you can’t prove the long-term physical and mental impact of your injury in court, or your doctor’s assessment isn’t adequate enough to settle your claim and you need to get an assessment by one of their approved healthcare professionals. 

If the insurance companies tell you any of these things, it’s imperative to hire a personal injury lawyer who can defend you. Insurance companies will use every tool they have to tie up your claim to make you desperate enough for money to pay your medical bills and living expenses that you will settle for an amount that is much less than what you really deserve.

Hiring a personal injury lawyer with a reputation for winning against insurance companies can help make sure you don’t settle for less. People who have been injured in an accident or who have filed a worker’s compensation claim need a lawyer with a reputable firm on their side to win their case. Doing so ensures that you will have a much better chance of winning the amount of money you deserve. Insurance companies know that picking a fight with an experienced lawyer will cost them more money in legal fees than what the claim is worth to them.

Keep in mind that legal fees are only present if the injured person has hired a lawyer that will fight for them. If you do not have an attorney, then the insurance company won’t have to factor in legal fees to their cost-benefit analysis. This means that hiring a lawyer isn’t only beneficial - it’s imperative to your case.

How Do I Afford a Lawyer?

Another reason why people do not want to hire a lawyer is that they are afraid of paying large amounts of money in legal fees. However, almost all personal injury lawyers work on what’s known as a contingency basis.

This means that your personal injury lawyer will not be paid money or legal fees unless you win or settle your case outside of court. A contingency fee agreement allows the lawyer to collect compensation out of your damage award or settlement.

Most of the time, your personal injury lawyer will be paid a percentage of the money you get. For example, your contingency agreement with your personal injury lawyer might state the following:

• The lawyer gets 30 percent if your claim is settled before a lawsuit is filed
• One-third of the amount after the lawsuit is filed (but before the claim is settled)
• Or 40 percent if the case goes to trial and the total amount of money you’re asking for is awarded by a jury

The amount of money that you are charged generally ranges from between 15 percent and 40 percent of your overall settlement. For example, if you settle on $50,000 from your lawsuit, then your lawyer will get between $12,500 and $20,000. Your lawyer should be able to go over this with you before you hire them.

Remember that a personal injury lawyer won’t charge you unless they win your case. Do not hire a lawyer who wants you to pay upfront fees as these are not necessary and could be a red flag that someone is trying to rip you off.

Why Should I Hire A Personal Injury Lawyer?

In addition to helping you understand legal terms, research shows that hiring a personal injury lawyer can help you get more money. A 1999 study conducted by the Insurance Research Council found that the average claimant will get a settlement 3.5 times larger with the help of a lawyer than without one.

This makes a huge difference if you are in a personal injury settlement because the amount of money you’re edible for by law depends on several factors, such as:

• What happens if the person who rear-ended you doesn’t have insurance or their insurance won’t pay?
• What happens if a dog bite makes you sick and costs you thousands of dollars in medical bills?
• What happens if your neighbor won’t take responsibility?

A lawyer can help you navigate these tricky scenarios as they know the law better than anyone. It’s always best to hire a personal injury lawyer if your injury claim is complicated or you are dealing with an insurance company. A lawyer can help make sure that the insurance company pays you everything you’re entitled to. You have the right to a lawyer anytime you get hurt.

How To Find The Best Personal Injury Lawyer Near Me

When picking out a personal injury lawyer, it’s imperative to find one with a proven track record. Find a lawyer that has experience winning personal injury cases, and can provide references that speak to their performance. It also helps to hire an attorney that only specializes in personal injury cases. This ensures that they will have focused the majority of their career handling cases just like yours, and they are more likely to win major settlements.

When searching for a lawyer near you, don’t just pick the closest one. The right attorney for you may require you to travel, but it will be worth it in the end to win your case. For example, you might find that the right attorney for you is out of state. In some cases, your attorney will travel to you, but you will want to find out during the hiring process. Never pay any upfront fees for a lawyer until they win your case. Be wary of any lawyer that asks you to cover upfront fees.

Here are some tips to keep in mind when searching for the best personal injury lawyer near you:

     1. Pick a lawyer or law firm that represents plaintiffs only and does not defend insurance companies

It also helps to choose a law firm or lawyer that limits their practice to personal injury claims and related issues, such as civil sexual assault claims, lawsuits against the makers of drugs, and workers' compensation. Don’t pick a law firm or lawyer that claims to be a “jack of all trades.”

In other words, if you are saying to yourself, “I need an injury lawyer,” then go with one who does just that and nothing else. It’s very hard for lawyers to know all aspects of the law. Narrowing down your search to personal injury lawyers only will help ensure you get the best representation possible.

     2. Determine if the firm or lawyer is respected by other lawyers in the community

Community respect is important when it comes to picking out a lawyer. Many good law firms or lawyers will have a national reputation, so ask around about the lawyer you intend to hire.

You may want to ask around about a personal injury lawyer before hiring them. Consult the internet to seek out people who have personal experience with the law firm. You can also ask for examples of cases they have won.

     3. Check out the reviews

Personal injury lawyers or firms should have good reviews to back up what they claim to do. You should be able to see real-life cases of people who were satisfied with their work and settlement outcome. Be sure to check out a lawyer’s reviews before hiring them.

     4. Determine if they are experienced

Is the lawyer you are interested in experienced in handling a wide variety of personal injury claims? Many people want someone who has experience and is more likely to win your case than someone who is just starting out or doesn’t handle personal injury claims exclusively.

     5. Determine if the lawyer has time for you

This sounds like a silly thing to consider, but it’s important to determine if the lawyer has time for you. In many cities, attorneys will use their personal image to market their firm. However, you may never work with or even meet those lawyers.

Instead, they will assign you a team of junior lawyers to handle your case. Before you hire a lawyer or law firm, make sure that the lawyer you want is the one you get - and that you’re not dealing with a team of inexperienced lawyers.

What Are The Steps In A Personal Injury Lawsuit?

After you have been injured, there are several steps you’ll need to take to set up a personal injury lawsuit. You will want to start by consulting a medical professional and consider a personal injury lawsuit. Follow these steps if you have been in a car accident, slip and fall accident, or another type of personal injury accident.

     1. Contacting a personal injury lawyer

Immediately following your accident, you should contact a personal injury lawyer. Ideally, your personal injury lawyer should be able to come to the scene of the accident or meet you at the hospital if you have a serious injury. This ensures that your lawyer will be there every step of the way and will have all the details they need to win your case. Contacting a lawyer right away will also help determine if your case is eligible for a lawsuit.

     2. Forming your case

Once you find a personal injury lawyer and sign a retainer agreement, your lawyer and legal team will help you start to form your case. They will look over every aspect of your case, including your injuries and the circumstances that caused them. They will also obtain evidence and the necessary legal documents, such as your employment history, wages, family circumstances, and other documents needed to support your claim.

Next, your attorney will send out a demand letter to your insurance company or to the person who injured you detailing your case. This letter will include the damages you’ve experienced and your lawyer will start to set up your settlement negotiations.

     3. Filing your lawsuit

If you are unable to come to an agreement with the person who injured you or your insurance company, then your lawyer will need to file your lawsuit. If this happens, your lawyer will switch gears from obtaining a settlement to getting ready to go to court over a personal injury lawsuit to get you the most money possible.

During a discovery period, both sides of a lawsuit provide documents and other evidence as requested. This is when your personal injury lawyer will go after every piece of documentation and evidence that the other side of the lawsuit has provided to help support your settlement.

     4. Going to trial

A trial is the final step of the personal injury lawsuit journey. It occurs when a case can’t be settled outside of court. Cases that go to trial will appear before a jury and a judge. You will need a personal injury lawyer when your case goes to trial. A personal injury lawyer will argue your case and present evidence that shows you are entitled to compensation. He or she will include interviews with expert witnesses and provide other doctors necessary to win your case.

What You Need To Know About Your Personal Injury Settlement

You can reach a personal injury settlement when your lawyer and the opposing lawyer come to an agreement over the damages that you need to cover lost wages, medical bills, and other expenses. Your settlement amount may vary depending on several factors, including the severity of your injury, the type of accident you were in, whether or not you are employed, and other financial responsibilities you may have due to someone else’s destructive behavior.

Your personal injury lawyer will fight for your case at no charge at first. There are no upfront fees associated with hiring a personal injury lawyer. However, they will take a portion of the money you get from your settlement. Keep in mind that settling a personal injury case can be lengthy. Your lawyer may not accept the first offer, but may go back and forth with counter offers with the opposing party to get you the amount of money you deserve. When you finally settle your case, it could take up to six weeks to get your money.

Most of the time, your settlement money is not taxable. Settlements that are made in a personal injury lawsuit are not taxable under federal or state law. However, there are some exceptions to this rule depending on the circumstances of your claim. For example, if you experience an emotional injury that did not arise from a physical injury, then this money might be taxable. Hiring an attorney can help you determine what portion of your settlement is taxable (if any).

Many personal injury cases settle, especially if you hire a good personal injury lawyer. Insurance companies and opposing parties may try to bully you into settling for an offer that falls short of what your settlement should be worth. A good personal injury lawyer will stand up for you. They should have court experience and be willing to go to court if needed. Finding an experienced lawyer can help ensure that you don’t get a low-ball settlement offer.

FAQs

Q: When should a personal injury lawyer be used?

A: You should hire a personal injury lawyer if you are involved in an accident in which you get hurt, even if your injuries seem minor at first. This is because many injuries become serious as time goes on, and you may need help covering medical bills. You should also hire a personal injury lawyer if you share fault for your injuries or someone else’s. Most of the time, you can recover money if someone else is to blame for your accident, and a lawyer can help with this.

Q: Is it worth getting a personal injury lawyer?

A: There are certain types of injuries and accidents that almost always require an attorney. However, you may want to consider hiring a personal injury lawyer anytime you are involved in an accident in which you or someone else gets hurt. A lawyer can help you understand the legal aspects of your obligations if you are at fault. They can also help you get the maximum amount of money from an insurance company if someone else is to blame for your injuries. In these cases, hiring a personal injury lawyer is worth the money.

Q: How much does a personal injury lawyer cost?

Personal injury lawyers do not charge for your case unless they win. The percentage that they take from your settlement will vary depending on the lawyer. However, most personal injury lawyer fees are between 30 percent to 40 percent, with 33 percent being the average.

Q: What types of cases does a personal injury lawyer handle?

A: A personal injury lawyer handles cases that involve negligence, such as car or truck accidents, plane accidents, legal or medical malpractice, child daycare accidents, and wrongful death cases. Most people hire a personal injury lawyer if they are in a car accident or get hurt on someone else’s property.

Q: What does a personal injury lawyer do?

A: A personal injury lawyer helps people who have been injured in a car accident recover financial losses. This money can help pay for medical treatment, and make up for pain and suffering, cover lost wages, and provide additional compensation for your injuries.

Q: How is a settlement paid out?

A: You can get paid for a personal injury lawsuit in a single lump sum or as a series of payments. These are usually paid out in the form of a structured settlement, which can be tailored to meet the needs of the person hurt. Once agreed upon or settled, these changes cannot be made.

Q: What are the three types of damages?

A: The three types of damages that you can go after in a personal injury lawsuit include economic damages, non-economic damages, and punitive damages.

Q: Why does it take so long to negotiate a settlement?

A: Settlements can take a long time (several weeks to months) because it takes a while for both parties to come to an agreement. Both parties need to agree upon a number before they will settle. In most cases, parties will refuse offers and make counteroffers, which can delay the time it takes to settle. Insurance companies do not want to pay more than they have to, and injured persons do not want to accept less money than they think their injuries are worth.

Q: How long after a settlement do I get my money?

A: Many legal proceedings can take months or even years before they are settled. For this reason, many people are anxious to get the money from their settlement. While your lawyer can help you determine how long after a settlement you will get your money, it usually takes around six weeks after settling.

Q: How much should I ask for a personal injury settlement?

A: It’s a good idea to ask around 75 percent to 100 percent more than what you would be satisfied with. This means that you won’t be disappointed if you have to settle for lower. For example, if you think your settlement is worth $1,500 to $2,000, then ask for $3,000 to $4,000. If you think your settlement is worth $4,000 to $5,000, then ask for $8,000 to $10,000. You may have to settle for less if you do not have a lawyer. Most of the time, a lawyer can get you more money, but you will need to pay your lawyer after you settle.

Q: Should you accept the first settlement offer?

A: If you are representing yourself, it’s never a good idea to accept your first settlement offer, especially if the settlement involves financial reimbursement for pain and suffering, an injury, or property damage. Instead, it’s a good idea to consult a personal injury lawyer before settling as they can get you more for your claim.

Q: What happens if I reject a settlement offer?

A: If you decline an offer, then it no longer exists and you can’t accept it later on. Most of the time there will be a follow-up offer, but you cannot count on this. Keep in mind that declining a settlement offer means that your case will probably go to trial. Consulting a personal injury lawyer can help you make these big decisions.

Q: What is a fair settlement for pain and suffering?

A: The amount of money you’ll get for pain and suffering depends on several factors, including your case details and how good your lawyer is. However, a typical payout for pain and suffering does not usually exceed $15,000. This is because many pain and suffering claims involve small injuries. The severity of your injury usually plays a big role in determining how much money you’ll get for pain and suffering. Generally, the more severe your injury is, the more you’ll get paid. Therefore, pain and suffering associated with smaller injuries is not something you will be well compensated for.

Q: What is a good settlement offer?

A: The value of your settlement offer depends on several factors that may be specific to your case, including the extent of your medical bills, property damage, lost wages, and more. Many personal injury cases settle for an average of around $3,000 to $75,000. Your lawyer can help you determine your potential earnings before settling. He or she should also be able to tell you what a good settlement offer is, depending on your case.

Q: What are the five elements of negligence?

A: To receive compensation for your personal injury claim, you will need to prove that five elements of negligence caused the damage. These five elements include the following:

1. Harm - you need to prove that someone else caused you harm, which resulted in the injuries, loss, and other expenses that you had to sustain because of someone else’s negligence
2. Cause in fact - you will need to prove that there is a link between the negligent or harmful action of someone else and the damage you suffered because of it
3. Breach - you will need to prove that the accused party violated standard care and caused you or a family member to become injured
4. Duty - you will need to prove that the person who injured you owed you a duty of care not to harm you or someone you love
5. Proximate cause - you need to prove that there is a direct link between the harmful act and the injury that you sustained from it

Q: How much is a neck and back injury settlement?

A: Neck and back injuries can be very serious, which makes them one of the highest-paid types of personal injury claims. In some cases, back and neck injury settlements can be worth millions, depending on the nature of the accident, how seriously you were injured, and how extensive your medical bills are. Minor neck and back injuries tend to go for much smaller amounts, such as $10,000 to $100,000. Consulting with a personal injury lawyer can help you determine how much your case is worth before it goes to court.

Q: Why is personal injury law important?

A: The most important part of a personal injury claim is for a lawyer to help clients get the compensation they need and deserve to help them get better, or at least to make up for lost wages and suffering. Personal injury lawyers must follow a strict set of principles regarding their approach to ensure they are exceeding client expectations. Personal injury law helps people who have been hurt, and it can be the difference between earning the help you deserve and not receiving enough treatment.

Q: How are personal injury damages calculated?

A: If you’re wondering how personal injuries are calculated, then you’ll need to factor in a few things, including the details of your injury and accident. Most of the time, your personal injury damages are calculated by the severity of your injuries, whether the case settles in a court, and the underlying details of the accident that hurt you. The extent of your medical treatment also dictates how your personal injury damages are calculated.

Q: What kind of damages is emotional stress?

A: You may experience emotional stress as a result of your accident caused by someone else’s negligence. If so, you may be entitled to compensation that can be used to help you get treatment for emotional stress. Emotional stress refers to monetary damages that encompass the emotional harm that you suffered. For example, if you had sleepless nights or stress in your family relationships due to the accident, then you may be able to get compensation.

Q: How do I prove emotional stress?

A: Proving emotional stress is harder than providing physical damage because you can’t always see it. For example, if you endured sleepless nights and strained relationships due to your accident, this can be hard to prove. However, there are ways you can prove emotional stress in a court of law. You’ll need to provide documentation for your daily activities and how the accident caused damage to them, including symptom onset and duration, the intensity of your emotional stress, and any physical damage that may accompany it. You may also need to prove that the root cause of your emotional stress was the accident you were injured in. Lastly, validation from medical professionals can help prove your emotional stress. You may need to get doctor’s notes and records from them showing that you are seeking treatment for your emotional stress

Q: Does a personal injury settlement count as income?

A: According to the IRS, the full amount of your personal injury settlement is only non-taxable if you did not take an itemized deduction for medical expenses related to your sickness or injury. If your settlement is taxable, then the tax benefit amount needs to be reported as “other income” on line 21 of Form 1040 under Schedule 1. If you have questions about whether or not your settlement is taxable, then ask a lawyer.

Q: Why are personal injury lawyers necessary?

A: A personal injury lawyer is necessary because they can get you the money you deserve if you have been injured by someone else’s negligence. They have been trained to fight insurance companies for you if your case goes to court, and they will ensure you don’t settle for a lesser amount.

Final Thoughts

Hiring a personal injury lawyer is necessary if you have suffered severe injuries due to an accident. There are some instances in which you might not need a lawyer, and we highlighted them in this article.

However, a personal injury lawyer can help ensure that you get all the money you are entitled to. Don’t settle a claim without talking to one first. When picking out a personal injury lawyer, make sure they have a good reputation, experience, and time for you.

The post When Should I Hire a Personal Injury Lawyer? appeared first on LA Lawyers.

While we can’t give a definitive answer regarding how long a car accident settlement takes, we can go over all the factors that affect auto accident settlement timelines. So, below, we’re discussing how each step of the car accident claims process can impact your settlement timeline. Then, we’ll share a few additional factors that can impact your claim timeline.

Car Accident Claim Timeline

Right After The Accident: Medical Treatment & Documentation

Immediately following an accident, there are two important things to do: seek medical care and document the scene. The first, seeking medical treatment, is the most important of all, since you need to take care of your health above all else. From a legal perspective, seeking medical treatment right away is also vital because medical records provide an official documentation of your injuries. Having this documentation can be very important for settling a personal injury claim swiftly and for an amount that’s appropriate. That’s why you should always seek medical care after being injured in an accident. This is true even when you think your injuries aren’t particularly severe, since injuries that seem minor right after an accident can end up being extremely serious at a later date.

Then, gathering information and documentation at the scene of your accident may be one of the most valuable things you can do for your injury claim. Taking the time to do this now may end up saving you quite a lot of time later, since accurate accident scene information can be challenging or impossible to get at a later date. So, it’s a good idea to gather information now or, if you’re too injured to do so yourself, have a loved one do so for you. Examples of the types of information you should gather include the details of all involved vehicles (make, model, license plate), the name and contact information of all involved parties and witnesses), insurance information, photos of the scene, photos of your injuries, and your own recollection of the accident. Note that while accident scene information may also appear on the police report related to your accident, sometimes police reports miss things. That’s why it’s in your best interest to make sure your own records are as accurate and thorough as possible.

Don’t Admit Fault, Apologize, or Say You Aren’t Hurt

After your accident, there are a few things you should avoid saying if you want to protect your rights (and help your injury claim move forward more smoothly and quickly). Don’t admit fault after your accident, even if you think you were at fault. It’s possible that you’re wrong or that another driver could share fault for the accident. Yet, if you say you were responsible, even if that ends up not being true, this can make it very easy for an insurance adjuster to deny your claim. For similar reasons, you also shouldn’t apologize to other involved parties or say you aren’t hurt.

Report Your Accident to the California DMV

Per California law, auto accidents must be reported to the DMV within 10 days if anyone was injured or killed, or if the accident caused more than $1,000 in property damage. Reporting your accident is time sensitive, required by law, and will be relevant to your claim if California auto insurance is involved, so don’t neglect this step in the post-accident process.

Filing Your Car Accident Insurance Claim

The next step in a California accident case is filing your car accident insurance claim. The exact process here may vary depending on your car insurance plan and provider, so contact your insurer for guidance.

Note that even if you think you may be at fault for the accident, it’s best to report it. If another party reports it (even if they perhaps say they won’t) but you do not, this could spell trouble for your driver’s license, your car insurance policy status, and the strength of your accident claim.

Have Your Personal Injury Case Evaluated by an Auto Accident Attorney

In an ideal world, car insurance companies would always approve accident claims quickly and make fair settlement offers after doing so. Of course, that’s almost never the case. Insurance companies are businesses with one goal: to pay out as little money as possible. Insurance companies tend to look for any excuse to deny claims. They’re also known for making ludicrously low settlement offers to unrepresented accident victims. However, if you’ve been seriously injured in an accident, you don’t have to go up against insurance companies all on your own. A personal injury attorney can be your expert advocate during the claims process.

An experienced car accident lawyer can generally settle a case for far more than an injury victim could on their own. A good personal injury attorney will have an in-depth understanding of how a victim’s injuries and accident circumstances interplay with California personal injury law, giving them a strong understanding of the full extent of damages the victim may be entitled to. They’ll also have plenty of experience negotiating with insurance companies and building strong cases, so they’ll know the right strategies to use to maximize settlement amounts. On top of all that, a car accident attorney may also be able to expedite the claims process, since they’ll be able to tackle each step efficiently and address any issues that may be slowing things down.

Negotiating With Insurance Companies

Typically, negotiations are the lengthiest part of the car accident claims process. Insurance companies will usually start this process with a very low offer, initiating negotiations that can last an indeterminate amount of time. On average, negotiations take around two weeks to three months, but this average may not apply to every case. Negotiation time can vary depending on the skill of the negotiator, the complexity of a case, and the evidence available in a case.

Post-Negotiation: Settlement or Litigation

Car accident cases usually resolve with settlements, but sometimes a trial is required for a victim to receive fair and appropriate compensation for their losses. Whether or not an accident case goes to trial has the biggest impact on the time it takes to close it. Generally, settling is always the easier and faster option, and that’s why most cases end in settlements. However, in some cases, an insurance company may refuse to negotiate in good faith. In such instances, a victim may need to go to trial to receive appropriate compensation for their damages. So, while litigation takes longer than settling, filing a personal injury lawsuit is sometimes the best option for an injury victim.

Other Factors That Affect Car Accident Settlement Timelines

Severity of Injury

The severity of a victim’s injuries can impact how long it takes to settle their case. Typically, accidents involving more severe injuries involve larger damages. Getting an insurance company to agree that a large settlement is fair and appropriate can take diligence, research, patience, and perseverance, all of which require extra time.

The Complexity of Liability

So many things can complicate liability in a car accident case, which will in turn affect how long it takes to settle the case. The number of involved parties affects the complexity of liability, since you need to determine how at fault (or not at fault) more parties are. The types of parties involved in an accident can also make things more complicated. For example, different regulations can come into play when an accident involves a professional truck driver, a city bus driver, an Uber or Lyft driver, a food delivery driver, someone driving a company car, and so on.

Proving Damages & Expert Witness Requirements

To get an insurance company to agree to a high settlement amount, you need to prove that the amount is warranted based on the victim’s damages. This involves determining the full scope of economic and non-economic damages, putting a dollar amount to these damages, and assembling proof that the damages occurred and that the dollar amount accurately reflects the damages.

Proving damages can be cut and dry in some cases, but can be complicated in others. In some cases, more research and investigation may need to be done. And, sometimes, reaching an appropriate settlement amount also requires utilizing expert witnesses. If expert witnesses, intense research, or intensive investigation are needed to prove damages in your case, this can extend the time it takes to settle your case.

Intentionally Difficult Individuals and Entities

Unfortunately, some individuals and entities may intentionally make the settlement process difficult. For example, another involved driver may give fake insurance information or false contact information. Or, an insurance company may let the negotiation process drag out for as long as legally possible. This type of action or inaction can slow down the settlement process and be very frustrating. Often, the frustration is the point here-- the goal may be to get a claimant to give up or fail at filing vital paperwork within a specific time frame. While these tactics are always unpleasant to experience, note that an experienced personal injury attorney can often help you deal with these types of roadblocks and delay tactics.

Hire a Car Accident Lawyer in Los Angeles, California

If you or a loved one has been injured in a car accident due to the negligent, reckless, or malicious actions of another party, contact LA Lawyers Group today to receive a free case evaluation. Our experienced personal injury attorneys are dedicated to fighting for the rights of car accident victims across Southern California. Our team understands the diligence and attention to detail that’s required to maximize success in this type of case. They also have an extensive knowledge of the type of compensation that may be available to our clients depending on their unique circumstances. Our auto accident attorneys have helped injury victims recover compensation for their medical bills, lost wages, pain and suffering, loss of consortium, loss of quality of life, and more.

Call LA Lawyers Group at (213) LAWYERS now to receive your free consultation with our personal injury law firm.

The post How Long Does It Take To Settle a Car Accident Case? appeared first on LA Lawyers.

Though the name “special damages” makes this type of compensation sound rare, special damages are actually the more standard and straightforward type of personal injury compensation. To help our readers understand this commonly awarded type of compensation, below, we’re putting a spotlight on special damages. Read on to learn what special damages are, how special damages differ from general damages, and the most common types of special damages. 

Special Damages vs. General Damages 

Special damages are also called economic damages because they’re awarded for quantifiable monetary losses. Essentially, special damages compensate an injured person for their unique (or “special”) financial losses. An example of something that would fall into the category of special damages is the cost of a surgery an injury victim needed after they were harmed. 

The other main category of compensatory damages is general damages, which can be much harder to calculate than special damages. General damages, also called non-economic damages, compensate a victim for their intangible losses. This may include things like pain and suffering, disfigurement, emotional distress, loss of companionship, or embarrassment. Putting a dollar amount to these types of losses can be challenging, which is why hiring a skilled personal injury attorney who understands what these types of damages are worth is crucial if you want to maximize the compensation you recover in your personal injury case. 

Types of Special Damages Available in a Personal Injury Case

Special damages can be awarded for any tangible economic loss that a victim suffers due to the negligent or malicious actions of the at-fault party. Some common special damages include compensation for medical expenses, lost wages, lost earning potential, caretaking costs, and property damage. 

Medical Expenses 

The medical expenses associated with a serious injury can be an incredible burden on an injury victim. But if your injury was the fault of another party, you can pursue compensation for all of the out of pocket medical expenses that are related to your injury. Special damages for medical care can include compensation for:

• Doctor’s Office Visits
• Hospital Stays
• Emergency Medical Treatment
• Surgery
• Medical Imaging 
• Physical Therapy
• Medical Devices 
• Accessibility Modifications
• And More 

Of note, victims in personal injury cases can pursue compensation for not only their past and current medical expenses, but also their future medical expenses. In severe or catastrophic injury cases, an injury victim’s future medical expenses can be exorbitantly expensive in ways the victim cannot currently imagine. That’s why it’s extremely important for severely or catastrophically injured persons to seek the counsel of an experienced personal injury attorney who can help ensure that all of their future medical expenses are included in their special damages calculations. 

Lost Wages 

Victims who sustain minor injuries may only miss a day or two of work. Victims who have sustained serious injuries, on the other hand, may end up missing many days of work due to hospitalization or a long recovery time. Regardless of how little or how much work an injury victim misses, they may be entitled to compensation for the past or future wages they lose due to their injuries. 

Loss of Earning Potential 

In certain cases, an injury victim may be unable to return to their normal line of work. For example, a factory worker may be unable to go back to their physically demanding job after sustaining a spinal cord injury. In situations like these, the injured party can pursue compensation for their lost earning capacity. They may also be able to recover related damages for the cost of things like needing to return to school to pursue a new profession. 

Caretaking Costs 

If a person has been severely injured, they may no longer be able to do normal domestic activities in the way they once could. For example, a person may be unable to clean their home, do yard work, or care for their children full time due to their injury. In some cases, other family members can help an injury victim care for their home and family. In other cases, the injury victim may need to hire outside help, in which case they can pursue damages for things like house care, child care, and yard maintenance. 

Property Damage 

California personal injury law allows victims to pursue compensation for property damage that’s related to their injuries. Compensation for property damage is common in car accident cases, since injury victims may also have been in a vehicle at the time of their injury. However, you could potentially pursue damages for any property damage that is related to your injury. For example, if your prescription eyeglasses or your phone were broken in the same accident that injured you, you may be able to recover compensation for the cost of replacing these items. 

Get Help From a California Special Damages Attorney Today 

If you or a loved one has suffered an injury due to the negligence or maliciousness of another party, contact LA Lawyers Group today for a free case evaluation. Our compassionate and experienced personal injury lawyers are dedicated to fighting for the rights of injury victims across Southern California. Our team looks at each personal injury claim individually in order to ensure we pursue the maximum possible compensation our clients are entitled to per California law. Our team has helped California injury victims recover compensation for their medical bills, lost wages, lost earning potential, pain, suffering, loss of quality of life, and much more. 

Call LA Lawyers Group at (213) LAWYERS now to receive your free consultation with our personal injury law firm.

The post Understanding Special Damages in Personal Injury Cases appeared first on LA Lawyers.