What Is a Personal Injury and How You Can Win Just Compensation


What Is a Personal Injury and How You Can Win Just Compensation

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A personal injury can cause you physical and emotional suffering and be a substantial financial burden. If someone else caused your injury, you may be entitled to collect damages to compensate for your suffering and any expenses. An attorney can help you to win the compensation you’re entitled to.

Personal injury most commonly refers to bodily injury but can also include the infliction of emotional distress. One of the most frequent kinds of personal injury comes from car accidents. If you were not at fault in the accident and suffered an injury as a result, you should receive compensation from the responsible party. Personal injury also encompasses accidents in your place of work, someone else’s home or business, injuries sustained while on holiday, and injuries resulting from a product defect. All of these injuries can occur because of someone else’s fault or negligence.

A personal injury can result in high costs to you, in addition to the pain and stress of the injury itself. You may have to seek treatment for your injury, which can result in expensive medical bills. You may also need to take time off of work in order to recover, which can lead to lost wages. No one should ever have to sacrifice their health in order to continue working. You also shouldn’t lose money because of an injury that is someone else’s fault.

If you have suffered a personal injury, there are a number of steps you can take. As soon as you can, you should write down notes of exactly what happened during the accident. These notes will be much more reliable than your memory if you need to recount what happened later, so make them as detailed as possible. If possible, it will also be helpful to identify witnesses of the accident who can help you prove your claim to an insurance company or court. If there is any physical evidence of your injury, make sure to retain it. You should also get a hold of your medical records, both of any treatment following your accident and for the period preceding your injury. This will prove that you are telling the truth about your injury and that the accident, not any pre-existing condition, was responsible for the injury. You can contact your doctor to request a copy of your medical records. All of these records will help you to prove your claim if you decide to file for compensation.

A personal injury lawyer can help you to attain the compensation you deserve for your injury. A lawyer will provide you with advice, draft legal documents for you, and file complaints. Personal injury lawyers often specialize in doing only personal injury cases, or tort law, and they will therefore have plenty have experience to draw on while guiding you through the process. They can help you to reach a fair settlement with the responsible party. If the other party refuses to settle, they can also represent you in court.

There will be many personal injury lawyers to choose from, and it is important to choose one with plenty of experience and who matches your goals. You may be able to ask friends and family for referrals. For a list of all personal injury lawyers in your area, however, you can consult an online attorney directory. Then you’ll want to schedule a meeting with at least one lawyer to discuss your case. Most lawyers do not charge for an initial consultation, but make sure to ask first. You’ll want to come to the meeting prepared to discuss the details of your accident and any correspondence you’ve had with the insurance company. The lawyer can probably give you an impression of how likely your case is to be successful.

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Supreme Court Tightens Injury Lawsuit Rules

Source – Find Law

Beyond the decision whether to sue a company or corporation for injuries, there is the decision of where to sue a company or corporation. Is it where you live? Where the company is headquartered? Where the injuries occurred?

Those options got whittled down considerably yesterday when the Supreme Court ruled that a Texas-based railroad company couldn’t be sued in Montana for injuries that were sustained elsewhere. The decision could have a significant impact on future personal injury cases.

The Wrong Side of the Tracks

Two different plaintiffs were suing the BNSF Railway Company on unrelated injury charges: Robert Nelson, a North Dakota resident and former BNSF truck driver, sued the company in 2011, claiming he injured his knee in a slip-and-fall while on the job; and Kelli Tyrrel, of South Dakota, sued BNSF in 2014 alleging her late husband developed a fatal kidney cancer while working for the company. Nelson’s injury occurred in Washington State, Tyrrel claims her husband was exposed to carcinogenic chemicals in South Dakota, Minnesota, and Iowa.

Yet both sued in Montana, ostensibly a friendlier venue to plaintiffs that allowed state courts to exercise jurisdiction over “persons found” in Montana also does not help the plaintiffs. According to the lawsuits, BNSF conducts quite a bit of business in Montana, operating trains on more than 2,000 miles of railroad track, employing 2,000 Montanans, and investing $470 million in the state over the last four years. But that wasn’t enough for the Supreme Court, who ruled that exercising jurisdiction over BNSF must still be consistent with the Constitution’s due process clause, and that merely doing business in-state “does not suffice to permit the assertion of general jurisdiction over claims like Nelson’s and Tyrrell’s that are unrelated to any activity occurring in Montana.” Beyond the specific BNSF lawsuits (of which there are 33 pending in Montana courts), the Court’s ruling means state courts cannot hear injury claims if the companies are not based in the state or the alleged injuries did not occur there.

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Source – Jones & Swanson

As the school year comes to an end and temperatures nearing 90 degrees, many people are putting on their summer gear and heading to the water. Boating is a common pastime in the Cobb County area – and the fun and excitement that comes with boating has many ready for the summer season. Unfortunately, even the best summer fun can lead to life altering accidents.

In 2015 Georgia saw 4,158 accidents, 2,613 injuries, 626 fatalities and $42 million in property damage all attributed to boating accidents. That’s a 2.3% increase in accidents compared to 2014, and a 2.6% increase in fatalities. Drowning was a factor in almost 80% of the known causes of death. And of that percentage, 85% were not wearing a life jacket.

As recently as February 2017, we heard about a boating collision at nearby Lake Allatoona that led to one injury and the death of two people. There are countless statistics that illustrate the seriousness of boating accidents, so it’s important to be conscious of boating safety. So as you prepare to create wonderful summer memories with family and friends, please be mindful of the following boating safety tips:

  • Be mindful of the weather. Though being wet is part of the fun of being on the water, it’s different when due to the weather. Storms can create winds and unpredictable weather patterns that make boating unsafe. Be conscious of weather conditions before you go out on the water.

  • Create a checklist. Many people do this with a car, and it is no different with a boat. By making a checklist, you’re ensuring that details aren’t going unnoticed and will help keep you safer on the water.

  • Have a plan and share it. How many times has someone told you, “Let me know when you get there” or “I’ll call you when I land”? When traveling, it’s important that someone is aware of your whereabouts and your plans. It is no different on the water. It’s always a good idea to let someone know of your trip itinerary, such as where you’re going and how long you should be gone. Informing the marina of such information is a good idea as well.

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The A – Zs of Filing a Personal Injury Lawsuit


A is for Action

You need to take immediate action if you have been involved in an accident or suffered an injury. Keep notes about the incident and your injuries Preserve and protect any evidence you may have and take pictures as well. Get a copy of the police report and use it. Most importantly, meet with an experienced personal injury lawyer.

B is for Birth Injury or Brain Injury

If your loved one has experienced a birth injury or a brain injury due to the negligence of another party, you need to seek legal counsel with a personal injury attorney experienced in these kinds of cases. These are severe injuries and any lawsuit will be complex and time-consuming, so don’t delay. Your personal injury attorney will have a lot of information to gather and will need to start as soon as possible.

C is for Case

If you are filing a personal injury lawsuit, there are several stages that you may go through. They are:

1. Meeting with an experience personal injury lawyer.

2. Beginning your case: initial court documents.

3. Discovery or fact-finding.

4. Resolution before trial.

o Court motion.

o Settlement.

5. The trial itself.

6. Following your ruling: collecting your award

7. Appealing your court verdict or judgment, if necessary

D is for Dangerous or Defective Products

If you have suffered a personal injury due to a dangerous or defective product, you need to speak with an experienced personal injury lawyer who can help you file a claim. It could be filed against the product’s manufacturer, the marketing company, or the designer of the product. Was there insufficient warning on the label or packaging? A poor design? Mistakes made during the manufacturing of the product?

E is for Experience

When choosing a personal injury attorney, look for one who has many years’ experience in litigating personal injury lawsuits, especially one experienced with the type of personal injury lawsuit you will be filing.

F is for Filing a Personal Injury Lawsuit

When filing your personal injury lawsuit, keep in mind that time is of the essence. There may be filing deadlines to which you need to adhere. You will help yourself with your filing tremendously if you have the assistance of an experienced personal injury lawyer.

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Survival Guide For Personal Injury Claims

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It’s a dog eat dog world out there and you need to be careful about the choices you make in your life. If you’re not vigilant, you can find yourself in a situation where you are left stranded, not knowing what to do, with the short end of the straw. This is also the case when it concerns any personal injury claim. There’s no doubt that we all definitely need personal injury lawyers to help us claim the right compensation, so what the right way to approach or pursue a personal injury claim?

Read This Before You Make A Personal Injury Claim.

Why do you think there are so many adverts on daytime TV for personal injury? Well the simple answer is that in this day and age everything is moving at a fast pace. Everyone is too busy and mistakes are often made. There is a lot more traffic on our roads, people busy trying to get to work, pick kids up from schools or go home. In this rush people can get careless either in their driving, at their work place, in their profession or in the mass production of products. Whatever the case, the carelessness or neglect of other people, companies or organisations can result in, innocent people, sustaining an injury or acquiring damages/losses. There has never been a time when so many personal injury claims have been made, and there is nothing wrong with that, because it is your right to seek compensation when you sustain a personal injury, from the neglect and carelessness of other people. With the boom in claims comes the rise in injury lawyers. Where there’s an increase in demand there’s an increase in supply, thus resulting in more and more injury lawyers competing for your custom.

Compare Compensation Claim’s main objective is to help people, who wish to pursue a claim and make this whole process a lot simpler and more beneficial for them.

Survival Guide For Personal Injury Claims.

  • Be selective.

You have the freedom of choice to select whomever you wish to pursue your personal injury claim. Select an injury lawyer that suits your needs and meets your requirement. There are many Compensation Packages that can be offered to you. Know what you want and need. If you require a replacement vehicle then appoint a lawyer who can provide you with this service.

  • Don’t go for the first personal injury lawyer that comes along.

OK let’s use buying a car as an example. You wouldn’t buy a car from the first showroom or private seller, would you? Ideally you would visit a few showrooms or different private sellers before they made your choice, right? Cars are not cheap to buy and are not purchased every day. This is the same principle when it comes to you and your personal injury claim. There are so many injury lawyers out there and you need to find the best one for you, who can offer you an array of services and acquire for you the maximum compensation. Personal injuries are not an everyday thing, they only happen when an innocent individual gets unlucky enough to injury themselves, and let alone how much compensation can be settled. Compensation can go into the tens of thousands so be careful in your selection and make an informed choice.

  • Compare personal injury lawyers – do your homework.

Many injury lawyers have different expertise and experience in dealing with injury claims. On firm of lawyers could specialise in medical negligence and on the other hand another firm could specialise in getting compensation from employers. Do your homework before you make a personal injury claim. Know where each firm’s specialties lie.

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Personal Injury Attorney



Shoulder Impingement Syndrome Personal Injury Claims

Source – National Law Review 

Shoulder impingement syndrome personal injury claims can run the gamut from mild to severe and the treatments vary depending upon severity.  Following an accident, many people suffer injuries to their upper extremities, resulting in chronic pain and disability. It is important for you to understand the anatomy of your shoulder and what can happen if you are in an automobile accident or another traumatic incident causing personal injury. Shoulder impingement syndrome is one type of condition that you might suffer when you are injured. It has several causes, and there are a number of different treatments that may provide you with relief.

What is Shoulder Impingement Syndrome?

Your shoulder is made up of three main bones and four primary muscles. The shoulder joint is formed by the joining of your humerus, clavicle, and scapula. Attached to these bones and wrapping around them on the front, back and top of your shoulder joint are four primary muscles and their tendons, including the teres minor, infraspinatus, supraspinatus, and subscapularis. The way in which these tendons and muscles are attached to and wrap around your bones create a capsule around the joints that makes up your rotator cuff. They hold your humerus in its place in your shoulder socket and allow your shoulder to move within its normal range of motion.

When you suffer a traumatic injury that tears your rotator cuff, you may also develop a condition that is called an impingement syndrome. This condition happens when your torn rotator cuff tendons rub against the acromion, which is the top of your shoulder joint. When the structures of your joint are disrupted, swelling can occur that causes the tendons to rub against your acromion. This type of derangement can result in significant pain. You may have an asymptomatic impingement syndrome because of degeneration in your shoulder joint that has occurred with age that becomes symptomatic after you suffer a traumatic injury to your shoulder.

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