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Personal Injury
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- The Blame Game
- Considering the Injury
Page OverviewAny time you turn on day-time or late-night television, you will inevitably see advertisements from personal injury attorneys hawking their services and promising to get you all the money you deserve if you were injured in an auto accident.
While there are many stereotypes and monikers for these types of lawyers, the fact of the matter is that what they are saying may not be far from the truth. You'd be surprised how difficult it can be to get fair compensation from an insurance company for medical bills and pain you suffered due to someone else's negligence.
And while you are sitting in front of the tube shaking your head in antipathy at yet another "ambulance chaser," there are other people thanking their lucky stars. They are forever grateful for the lawyer who helped them secure a fair settlement, enabling them to pay exorbitant medical costs or be out of work until their injuries healed.
It is always easy when the ball is not in your court, and despite the interesting methods of communicating to the public, personal injury attorneys can, and do, help a great deal. Besides, there are tons of attorneys out there who completely avoid the used-car-style TV commercials.
Top Personal Injury Claims
Wyoming is an "at fault" state. Thus, if a driver is found to have caused an accident that resulted in injury to someone else, then it is the responsibility of that driver and his or her insurance carrier to pay the ensuing costs.
It sounds simple, but it is not. Between filing a claim and accepting a final settlement, an accident victim must navigate a convoluted process involving a small encyclopedia of esoteric terms, definitions, facts, and invaluable details that could be easily overlooked in the whirlwind of paperwork.
Unless you have an uncanny knack for the law, it is imperative that you have an experienced attorney who knows the ins and outs of the process and is a pro at negotiating with insurance companies. Before you decide that hiring an attorney is not an option, consider speaking to one who offers free initial consultations. Even a little gratis insight into the process can help you do it right yourself.
Top The Blame Game
Before anything is pushed into motion, fault has to first be established. This has usually been determined by the law enforcement agency investigating the crash, either based on firsthand observation or the filed accident report. Many times, this aspect is pretty cut and dry.
If a person is hurt in the accident and was not the party liable, then that person must clearly establish that the injuries sustained were actually caused in the crash. This is not so straightforward. There are many other facets that need to be considered besides the obvious physical injury.
Of course, you can file an injury claim without overwhelming evidence that the accident was the cause of the injury; it just may be harder to prove. When stepping into these waters, the entire process can turn into a minefield that only a skilled lawyer may be able to tread.
Once a claim is filed, and in some cases before it is even filled out, the insurance companies will start calling you. Without a lawyer, you will be on your own during these bantering sessions. It is imperative that you remain calm and make sure to jot down thorough notes―especially if you intend to eventually retain an attorney.
Remember that an insurance company's first goal is to make money for itself. To that end, many insurers will make at least some effort to minimize their payout for a personal injury claim. They may do this by trying to settle with you immediately, before you have had a chance to see just how serious your injuries are, or how much the accident affects your quality of life. It's wise to avoid reassuring the kind insurance assessor that you're OK, because you may not be.
Top Considering the Injury
A broken bone or blatant wound and the ensuing costs of treatment for these injuries are rather easy to assess. Even loss of a paycheck due to time missed from work is simple for an insurance company to add up. When the claim process becomes tricky is when an injury is so serious that it causes damage to areas of your life that are rather difficult to describe in monetary figures.
How does an injury affect family relationships or the overall quality of the plaintiff's life? What is the cost of this loss? Can you put a dollar amount on emotional damage such as depression and stress caused by the injury (not to mention the claims process)?
Generally, the injured party is entitled to receive monetary compensation for these matters, but coming to a resolution might entail some difficulties.
Injury damages are split into three categories:
- Economic damage―Medical expenses, wages lost (past and future), and any other "real" damages or expenses incurred.
- Noneconomic damage―The category for pain and suffering, emotional distress, and loss of quality of life.
- Physical disfigurement and impairment―The financial consequences of irreparable physical injury or permanent disability.
Insurance companies have a calculation method to determine a settlement figure. They multiply the easily pinpointed monetary figure (i.e. economic damage) by a number based on the extent of the injury in order to compute a total for the subjective (i.e. noneconomic damages).
If the injuries sustained are slight, the economic cost is multiplied by 1.5 or 2 to devise a noneconomic settlement figure. The worse the injury, the higher the number used (going up to 10).
Related Questions from DMV Answers
Where do I submit my accident report form?
Most states require you to file an accident report form at your DMV or other state driver license or motor vehicle agency (for purposes of this grid, “DMV” covers all those) or law enforcement agency following a car accident. Many states provide the forms online or in your local office, but you might need to obtain one from the police or your insurance agency.Each state sets its own accident criteria (i.e. how much property damage, whether an injury or death occurred) and the amount of time you have to file the accident report form. Be sure to file within that time period; otherwise, you could face penalties such as fines or license suspension.Note that even if the grid doesn’t mark the police for your state, you might still be required to contact them immediately following a car crash. Check for your state in the grid below.
Read more >>When do I have to file an accident report?
An accident report usually needs to be filed whenever there is an injury or death, or property damage of a certain dollar amount, or both. Even if the police come and take a report at the scene of the car accident, it’s your responsibility to make sure it’s properly filed and to file it yourself if it wasn’t. Make sure you have enough insurance to cover any incident that might arise.
Read more >>What are the DMV insurance requirements?
Obtaining auto insurance is an important part of owning your own vehicle. In fact, you can't legally drive your vehicle unless it is properly insured. However, in the United States, each state is free to set its own requirements regarding the financial responsibility of vehicle owners. Minimum DMV car insurance requirements for each state are expressed in a three number format. The first two numbers indicate the amount of bodily injury liability insurance a driver must have, with the first number acting as the per person limit and the second number indicating the coverage per accident limit. The third number in the insurance equation is for property damage liability coverage. In some states, Personal Injury Protection (PIP) coverage is required as part of the auto insurance policy. In the event of an accident, this type of auto insurance pays for medical expenses, lost wages, and/or funeral costs. Keep in mind that each state sets car insurance requirements at a bare minimum. Depend...
Read more >>Will tickets from other states affect the status of my drivers license?
The answer depends on where you live, where you got the ticket, the type of ticket, and the current number of points on your driving record. The Driver License Compact (DLC) is an agreement between 46 states to share driver’s license information with its members. This includes alerting home states when a driver is convicted of a serious moving violation in another participating DLC state, such as: Manslaughter or negligent homicide resulting from the operation of a motor vehicle. Driving a motor vehicle while under the influence. Failing to stop and offer aid in the event of a motor vehicle accident resulting in the death or personal injury of another person. Usually, information about less serious offenses, like parking infractions, speeding tickets, and failing to yield violations aren’t reported to the home states. And, even those infractions that are reported may not result in points being assessed on your license; instead, the offense may just be noted on your d...
Read more >>What are the different types of car insurance I might need?
Well-rounded auto insurance coverage should include a combination of the following types of protection:Comprehensive: This covers damage to your vehicle caused by fire, flood, lightning, hail, wind, and other natural causes. But, it also offers financial protection against theft and vandalism, or if you hit an animal.Collision: This pays for damages done to your vehicle due to an accident with another vehicle or a stationary object, such as a pole or street sign.Bodily Injury/Property Damage Liability: This provides financial protection for accidents you caused; it covers the cost of damages associated with other vehicles or individuals, but doesn't pay for your own personal or property losses.Medical Payments: This can cover the cost of medical care for injuries you incurred in an accident, regardless of who caused the accident.Uninsured/Underinsured: This covers the cost of damages incurred to yourself and your property when the at-fault driver either...
Read more >>
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