Monday, October 22, 2012
A Personal Injury Lawyer is Best to Advise on When to File a Personal Injury Claim
When anyone has been seriously injured through no fault of their own due to an accident, negligence or wrongful act done against them, a personal injury lawyer will advise and act on behalf of that person, or persons. An initial consultation is usually free of charge. A lawyer will determine if a person is legally eligible to seek financial compensation for personal injury.
Once eligibility has been determined, the lawyer will file a personal injury claim. The lawyer will act on behalf of the client to recover damages. The lawyer will also file suit for accident benefits.
For example, a work related injury or illness will entitle someone to receive worker's compensation benefits. A personal injury lawyer will determine if financial compensation beyond those provided under any predetermined worker's compensation act should be awarded to the victim. Personal injury lawyers, being familiar with the law and with all precedents and exceptions to it, will file a suit against any third party who is ultimately responsible for the injury as well as any pain and suffering.
An example of a third party might be the manufacturers of the offending drug, machinery or chemical, a contractor working for a company different from that of the injured party, a negligent driver within the scope of the workplace, etc. A personal injury lawyer can help their client obtain second medical opinions, recover back-wages, etc., until the claim is settled.
A lawyer will argue, for instance, that accident benefits be awarded to the injured party in motor vehicle accident and slip and fall injury cases. Victims of motor vehicle accidents might have sustained severe or life-threatening injuries to the head, spine, bones, soft tissues, etc., which may permanently, and adversely, impact them and their family. Amongst other things, a personal injury lawyer will file, at minimum, a claim to recover loss of income plus immediate and future medical costs.
It is always in the victim's best interest to retain a lawyer for accident claims. It is well-known that it can be difficult and confusing to deal with insurance companies. Whether the physical or emotional trauma is the result of a motor vehicle accident or a slip and fall injury, it might be difficult for a victim to receive all the benefits possible from their insurance company without legal advice.
Slip and fall injuries can be caused by dangerous conditions on a property, such as sidewalks or stairways in a state of ill-repair, poorly lit or covered with ice or snow. All property owners must ensure that their building is reasonably safe, inside and out, to avoid the possibility of personal injury due to negligence. A person visiting a property must also exercise due vigilance so as not to be considered equally negligent in the case of trauma or injury.
By way of citing motor vehicle and slip and fall accidents as examples, compensation or accident benefits can be awarded for a victim's pain and suffering as well as lost financial income due to the accident. In general, it is in the victim's best interest to hire a personal injury lawyer to argue their case on their behalf and many law firms will not receive payment until the case has been won. This is great news for the client because they will be assured that their lawyer will work very hard to win their case.