Injuries due to electrocution can happen literally anywhere where people work with electricity, but they most often occur in the workplace. Workers such as utility worker, electricians, cable operators and construction workers are at a much higher risk of electrocution and even suffering severe injuries than other professions. Sometime, being electrocuted can be fatal. In cases where electrocution causes severe injuries or even death, you could be eligible for worker compensation.

Causes of electrocution in the workplace

If an employee suffers injuries because of electrocution, this can be due to several reasons:

  • Maybe the circuits are overloaded or damaged
  • The source of electrical energy can be exposed e.g. live wire
  • There are issues with the wiring
  • Frayed electrical cords
  • Poorly or improperly installed electrical lines
  • Damaged or downed power lines
  • Defective equipment or machinery
  • Wet working conditions

In order to avoid electrocution and potential injuries, it’s important that both the employee and employer take the necessary precautions and protection from these types of injuries.

Electrocution injury types

Not every electrocution will deal the same type and amount of damage. Injuries caused by electrocution depend on several things e.g. the amount of electrical energy that passes through the body as well as where the electric energy enters and exits the body.

Low voltage electrical energy will most likely only shock you, cause temporary and mild pain and won’t leave any permanent injuries. On the other hand, high-voltage electrocution can be really serious. It can damage a person’s heart, cause a heart attack or even death.

Serious and high-voltage electrocution can cause a number of dangerous injuries:

  • Severe burns
  • Brain damage
  • Stroke
  • Arrythmia
  • Cardiac arrest
  • Unconsciousness
  • Nerve damage
  • Muscle pain
  • Paralysis
  • Death

After being electrocuted, it is extremely important that you seek medical attention. You may feel fine, but there might be some underlying conditions that you don’t notice yet and can be harmful later on. So it’s best to seek a professional’s opinion.

Benefits of worker compensation claims

Depending on the injuries sustained from electrocution, you might be unable to work for a temporary or permanent basis. But even though you’re not working and earning money, you still need to pay the bills and provide for your family. If the electrocution occurred while you were on the job, you might be entitled to a compensation if you file for a claim.

After the electrocution, you must immediately report it to your employer and seek medical attention. Then you can start the claim process in order to obtain the benefits you need. These benefits could be in a form of:

  1. Covering reasonable and necessary medical bills and assistance if you need surgery, hospital stay, medication and medical care in general
  2. Compensation for lost wages since you won’t be able to work temporarily or permanently
  3. If the resulting injuries prevent you from continuing in the same line of work, you will need to be trained in another occupation
  4. In case of death, you should receive compensation for the final expenses related to the death of a loved one

Other forms of compensation

Apart from worker’s compensation, workers that suffer injuries caused by electrocution, might also be eligible for other types of compensation. These compensations can include:

Personal injury in case the injury is caused by a third person. In cases like this, you can file for a personal injury claim.

Product liability if you were injured because the equipment and machinery malfunctioned. Then you might be entitled to a compensation from the machinery/equipment manufacturer. These claims however, require you to prove that the equipment/machinery was defective.

Premises liability if you suffered an electrocution injury because the property or business owner didn’t take the necessary steps in order to protect the workers for hazard.

Wrongful death claims are only possible if the electrocution resulted in the death of a worker. Then the worker’s loved ones are entitled to recover damages by filing a wrongful death claim.

What to do in case of electrocution injuries?

If you were injured in the workplace due to electrocution, the first thing that you must do (after reporting it to your employer) is to seek medical attention, to make sure that the electrocution didn’t cause any harm to your health.

Once you have your health assessed, you need to contact a skilled attorney who will represent you and investigate your injury to see if you are entitled to worker’s or other types of compensation.

In our previous blog posts we’ve summarized that car accident are life-changing events that can occur out of nowhere. Useful tips on settling a car accident claimOne moment driving down the motor way listening to the radio, and in the next your car is totaled, your body is aching with pain and you’re trying to grasp what has happened.

We also talked about what insurance companies usually do, how they want to deny or minimize your claim payment and what reasons (or tricks) they use to deny your claim. Today we will be focusing on the tips on settling a car accident claim.

Contacting the authorities

If you wish to successfully settle your car accident claim, there are several things you need to do immediately after the accident.

First and foremost, you need to contact the authorities and wait until the police arrives at the scene. Once the police arrive, make sure to tell them exactly what happened and seek medical attention if you need to. You might not feel that you need help from a doctor, but that can be a result of the shock your body went through. So make sure that you get examined by the doctor. Once the effects of the shock settle down, you will feel the effects of the accident. This can take a few hours.

Once the doctor establishes that you’re safe and not injured, take photographs of both damaged vehicles and make sure that the license plates are clearly visible. You should also make notes about the other car e.g. the make, model, color and exchange information with the owner of the other vehicle. Taking photos of the scene and location is also a good idea because this will provide useful information on the weather, traffic signs and even skid marks.

Doing this, you’re starting the car accident settlement the right way. Also, you need to keep in mind that you might not be settling the claim directly with the owner of the other vehicle, but rather with his insurance company.

Consult a Personal Injury Lawyer

Not all accidents will lead to a totaled car. Some will just end up with minor property damage, for which you don’t heel to have an attorney. It’s easy to settle this.

But if the accident caused severe damage to your vehicle and caused significant injuries to you, you should really consider getting help from a skilled and experienced personal injury lawyer. It might help your claim.

Experienced personal injury lawyers are well informed about the process to come and can anticipate the strategies that the other side will implement so he/she can be well prepared.

The goal of the insurance company is to protect the bottom line and their self-interest. They do this by offering you very low settlements and they might even try to dispute the entire claim. But having a good personal injury lawyer in these cases can help you a lot because he/she will be negotiating on your behalf.

Recorded statements and documents

It’s not uncommon practice, that insurance company representatives will contact you as soon as they learn about the accident. The representative might sound reasonable, friendly, polite and helpful but keep in mind one thing…they work for the insurance company, not you. The goal is to minimize the value of the claim. And since many car owners aren’t exactly skilled in these matters, the insurance representatives will even try to use some rather questionable methods to get what they need/want.

One of the things they might use are recorded statements. If you get asked to give a statement, politely decline and tell the insurance representative that you will be speaking with an attorney first. This is your right before giving any statements. You might as well use it.

Another thing that insurance companies also do, is send you documents like a medical authorization or similar. The strongly advise that you DO NOT sign any type of authorization that comes from the at-fault driver’s insurance company. Why? Well because then the insurance company can then dig through your medical history looking for a way to prove that some of your previous injuries were the cause of the accident.

So when settling a car accident claim, it’s imperative that you speak to a personal injury lawyer. He will be negotiating with the insurance company, he will release any medical records and advise you on giving statements.

A car accident can change your life in an instant and it can happen without any warning.  As if injuries aren’t enough, but you also might need to navigate the complex and lengthy process of an insurance claim. This can be both stressful and confusing, especially if you know nothing about car insurance claims.

But the question still remains. How do car insurance claims exactly work? Here’s what you need to know about car insurance claims, especially if you were injured in a car accident.

After the car accident that you were involved, you should notify the insurance company right away. In some states you can file the claim with the at-fault driver’s insurance company. And in other states, different rules will apply. For example, did you know that Kansas has a no-fault insurance system? This basically means that if you were in a car accident and you’re not the at-fault driver, you have to file the claim with your own insurance company.

After the accident, in most cases the insurance companies will contact you. Sometimes even while you’re recovering. Once the claim gets filed, the insurance company appoints an adjuster who will evaluate your claim and determine its worth.

You might think that the adjuster is here to work in your favor. Well, he/she isn’t. The adjuster appointed by the insurance company works for the insurance company’s interests. The sole goal of the adjuster is to minimize the amount that the insurance company will pay you for your claim.

Working with the adjuster

It’s often the practice that the insurance adjuster will contact you in order to get more information about the accident. The adjuster might even ask you to give a recorded statement. However, if you haven’t yet spoken to a personal injury lawyer, we strongly recommend that you don’t give a recorded statement to the adjuster or any other representative from the insurance company.

The recorded statement and any other evidence is collected for processing your claim. So when the adjuster asks you to give a statement, just politely decline and let him know that you will be willing to give a statement once you consult your personal injury lawyer. In case you’re still under some stress from the accident or you’re experiencing pain and take medication for it, allow yourself some time to pass before giving a statement. Also, you can rely on your personal injury lawyer to negotiate the process with the insurance provider.

Sometimes, the car accident will only cause property damage and no one will be injured. In cases like that, the insurance claim process is pretty simple. The insurance company will ask you to take your car to the mechanic, who will then assess the damage and provide the estimate to the insurance company. Car accidents that only end in property damage is something that you can handle. So you don’t really need a personal injury lawyer.

Determining who’s at fault

It’s the adjuster’s job to determine who caused the accident and who’s at fault. Sometime, even when the police record clearly state that you’re not at fault, the adjuster will try to dispute it.

Another practice is that insurance companies sometimes want to settle a claim rather quickly. If someone from an insurance company approaches you and makes you an offer, don’t accept it. It’s best to first speak to a personal injury lawyer who can evaluate your claim. Because when insurance companies make you an offer right away, the offer is usually extremely low compared to the realistic value that you should be compensated for (the insurance company is trying to pay out as little as possible).

Once your personal injury lawyer evaluates your claim, you will realize that the offer from before was really low. The lawyer will provide you a range of values and a fair offer from the insurance company should fall within that range.

When you agreed on how much you would request from the insurance, the lawyer will draft a letter, include additional proof and send the new offer to the insurance company. The insurance company can do three things: accept your offer, offer you a lower amount or just deny it.

As you can see, the insurance claim process is not as simple. The entire process can be a complicated maze you need to navigate and that’s why it’s important that you have a good and experienced personal injury lawyer who will support you.

In the past two posts, we have discussed what to do when insurance companies deny your claim and what tips and tricks insurance companies use in order to deny your claim.

This week we will be focusing on the potential reasons WHY insurance companies deny your insurance claim. So let’s get started.

Being in an accident is stressful enough. But learning that the insurance company has denied your insurance claim is very disconcerting.

There are several reasons why they refuse your insurance claim. Some of them can be valid, while others not so much but hey still use them in order to pay you as less as possible. So if you’re dealing with an insurance claim and it gets denied, it’s good do consult with a personal injury lawyer because they know the system and are more aware what tactics insurance providers use in order to either minimize your claim or just deny it.

Cause of the accident

Many insurance companies have denied insurance claims to their policyholders simply because the accident you were in could have been avoided OR because your behavior caused the accident. Furthermore, claims have also been denied if your conduct was in conflict with your insurance policy. This practically renders your policy ineffective. And if the vehicle was operated by someone who is NOT included on the insurance policy or didn’t have a driver license when operating the vehicle…well that’s another potential reasons insurance claims get denied.

These are the most common reasons and mostly logical and valid. But what about if the insurance provider is using not valid reasons and starts acting in bad faith?

Insurance claim denied over previous injuries / surgeries

It’s a common practice that insurance companies ask their prospective policyholders to sign so called ‘medical authorization forms’. The important thing to point out about these forms is that you shouldn’t (under ANY circumstance) sign them until you’ve spoken to a personal injury lawyer. You must ask yourself ‘What’s the big deal about those forms?’. Well, when you sign those forms, you’re basically giving the insurance company permission to dig through your medical history and to look for previous injuries or surgeries.

If by any chance, you had injuries and surgeries for those injuries before, the insurance company could use that as a possible (but not really valid) reason for the accident and thus deny your insurance claim. Another example is that insurance providers may use previous injuries as an argument to diminish your injuries from the accident i.e. to present as less severe than they really are.

Pre-existing conditions

Another reasons why insurance companies require you to sign the medical authorization forms is so that they could see if you have any pre-existing conditions. Let’s say that you have pre-existing back injury and that you suffered new injuries in the accident. Since your back injury is a pre-existing condition, the insurance company can argue that the accident was cause because of your back problems and deny your claim.

Time of accident and time of seeking treatment

When you’re in a car accident it’s important that you seek medical treatment immediately. Waiting to seek treatment, may be another reason why your insurance provider refuses your claim. The lapse of time between the accident and treatment, can give ‘ground’ to the insurance provider to argue that your injuries are actually caused another even, not the accident.

Insurance companies go so far that they even state in their insurance contracts a specific time frame in which you need to seek treatment for your accident-related injuries. Of course, there are cases when it’s good to wait before seeking treatment and you can learn more about that from your personal injury lawyer.

Right after the accident, while on the scene, make sure that you don’t deny any injuries until you have been thoroughly checked out by a medical professional. Denying injuries at the scene of the accident may also be another reason why they deny your claim. So if you get into an accident seek medical evaluation at once.

What do to if your insurance claim is denied?

We must be clear on one thing. Insurance companies make profit from taking higher premiums from their policyholders than what they pay in claims. So their interest in denying insurance claims is quite significant.

In the event that your claim gets denied, you will need help from an experienced personal injury lawyer. Furthermore, policyholders that have a lawyer are taken more seriously.

Have you even wondered that paying for insurance is a waste of money?

Well, a lot of people have. Especially those who’s claims the insurance company denies. They have given their hard earned money for years and when they need help from the insurance company, they turn the other cheek.

Not sure if you know, but in the U.S. the insurance industry is one of the largest businesses in the world when it comes to revenue. So how do insurance companies deny claims in order to increase their profit?

1. Making your claim as confusing as possible

When you want to get new insurance, the insurance company is giving you a contract to sign. We all know about these and we read them thoroughly and carefully like the Terms & Conditions of our ne Apple iPhone i.e. we don’t. The insurance companies used so many technical terms in their contracts making them virtually impossible to understand for a common citizen who doesn’t have a Law degree. Things were so bad, that some states have passed the ‘plain English’ rule for consumer contracts.

2. Your credit score

You most likely know that insurance companies determine your premium that you’ll pay based on your credit score. Someone, due to a bad credit score can’t even get insurance because, from the insurance company’s point of view, they are a high liability. This type of discrimination is actually affecting the poor and senior citizens, since they have a little credit and also those that had a financial crisis because of someone else.

Insurance companies have also often refused someone a policy because they have no credit score, even though the person is paying his / her bills on time. On the other hand, some car owners have received a rate that is increased by several times, even though they have a clean and perfect driving record.

3. Delaying insurance claims

It’s not uncommon that insurance companies deliberately take a long time to finalize your claim. They do this because they are aware that many policyholders would rather give up than to wait for the insurance to finalize the claim. And it’s not uncommon that this type of ill practice is present at long-term care insurers who take advantage of the policyholder’s age and poor health.

4. Hanging the sick out to dry

As we know, healthcare in the U.S. can be expensive and that’s why we opt in for health insurance. Because of extremely high healthcare costs, some insurance companies have even provided bonuses for their employees that meet so-called ‘cancellation goals’. These situations involve insurance sales reps that target patients that are in the middle of their treatment(s) and when they are most vulnerable. When the healthcare for these patients becomes too high for the insurance company to cover, they cancel the policy retroactively and basically leaving the policyholder without insurance

5. Call and get your policy cancelled

A lot of people even fear calling their insurance provider and asking about for a claim because often, insurance providers quickly after, suddenly decide to cancel their insurance. If not cancelling, the next time they refuse to renew your policy OR even crank up your insurance premiums. Insurance companies often consider an inquiry about the possibility of making a claim as ACTUALLY making a claim and they will spare no resource to quickly ‘drop’ the policy holder, all in order to avoid paying them their insurance.

So what to do?

When an insurance company denies you’re your claim, they are basically leaving you out to dry.  In situations like that, you need to have a good legal representative by your side. So if your insurance is denying your claim, make sure to call Schenk Podolsky and let us help you with your insurance claim or if you have a personal injury claim.

When you or a loved one is seriously injured in an accident or due to another’s negligence, it is important that you seek quality representation from a dedicated legal staff. Our attorneys understand that the legal process can be daunting and overwhelming. By interviewing any witnesses, ensuring that your injuries are well documented, and standing up for you in front of insurance companies, we make sure that your case is thoroughly handled.

If you or a loved one has been injured in an accident that was caused by someone else’s reckless behavior, we can help you file a claim in pursuit of maximum compensation.

In a personal injury case, you may be entitled to receive compensation for your medical expenses and lost wages, as well as punitive damages for your pain and suffering. Additionally, if you suffered the tragedy of losing a loved one in an accident caused by negligence, you can pursue compensation and justice in a wrongful death claim.

It is important to remember that in Arizona, most personal injury claims must be filed within two years from the date the injury took place. Do not delay in securing the legal representation you need!

Calculating Your Personal Injury Settlement

Suffering a personal injury can have devastating, long-lasting effects. Recovering from physical pain is only the tip of the iceberg. Rehabilitation, loss of wages from missed work, loss of personal property, disruption of your daily life, stress and worry all weigh heavily on victims. It is the magnitude of the sum total of all of these factors that must be considered when attempting to quantify the amount of personal injury compensation.

Special Damages – Bills and Financial Costs

While every case is different, courts and insurance companies both must use some sort of equation to determine how much a personal injury claim payout should be. In order to find the right number, they must gather a straight-forward, objective list of all expenses incurred from the injury first, then add in the more subjective factors to arrive at the final compensation amount.

The first part of the equation is simple. A sum total of every provable financial expense that was a direct result of the accident or injury is calculated. This number usually includes, but is not limited to:

  •     Medical Bills
  •     Damaged or Lost Property
  •     Cost of Medication
  •     Hospital Stay
  •     Rehabilitation
  •     Lost Wages
  •     Cost of Medical Equipment
  •     Expenses Paid Out of Pocket

Once these items are added together, that gives you a starting dollar amount. These items are the first half of your overall Damages. Some courts refer to these quantifiable dollar amounts as Economic Damages, Medical Special Damages or even just “Specials.” This number is straight-forward and easy to prove.

General Damages – Pain and Suffering

The other half of the equation is harder to pinpoint because of it more difficult to assign a dollar amount to emotional turmoil and pain and suffering. The term General Damages encompasses all of the more subjective sufferings as a result of your injury. These General Damages can include:

  •     Emotional Turmoil
  •     Physical Pain
  •     Stress
  •     Disruption of Daily Lifestyle
  •     Loss of Enjoyment
  •     Loss of Consortium
  •     Recklessness or Gross Negligence (for injuries resulting from another party)

Each Case Is Different

It is important to note that every case is different and many insurance companies will not want you to know that they are using a formula like this one to calculate your payout. It could work to your benefit to have this information, but not share it so the other party will not know if you value your own multiplier as less than they would.

Your best bet is to hire a Personal Injury Lawyer who can help you gather the information you need to accurately calculate and argue for your highest compensation payout.

Settlements are reached before the case goes to jury trial in almost all cases.  If the agreement is reached, your attorney will inform defending attorney that you have agreed to the settlement either by phone, letter or some combined methods.

Personal Injury settlements are not taxed by the federal government, or by the state if the proceeds are for personal injury claims. As a result of personal injury, any damage is excluded from federal tax law. The cases where only receive compensation for personal injury, the proceeds are not taxed.

Some of the following examples of damages:

Lost wages

Physical Pain

Medical Bills

Emotional Suffering

Attorney fees

Some of the above are direct examples of the injury that you sustained, and any compensation you receive will not be eligible for taxation.

For example, if you find yourself in a car accident and you sustain injuries that require medical treatment, your bills, emotional suffering, inability to work, wages lost and attorney fees will be compensated for as a result of your physical injury without any tax.

Exceptions

Most of the personal injury is non-taxable, but there are some specific cases where your settlement would be taxed- when a breach of contract is involved. If you breach the agreement, you would be responsible for paying taxes on the damages relating to the breach of contract so long as the offense is the basis of the lawsuit.

Punitive damages are taxed. By definition, compensatory damages are to equal the amount of pain and suffering you sustained.Punitive damages are those awarded to plaintiffs when compensatory damages are ruled an inadequate remedy for the defendant’s actions.

In most situations, compensatory damages are calculated based off of actual costs (medical bills, lost wages, etc.)Punitive damages are meant to turn aside the defendant from engaging in conduct similar to that on which the lawsuit is based. A reasonable attorney will request the verdicts to be separated into punitive (taxable) and compensatory (non-taxable), making it easier to distinguish what settlements you owe taxes on.

Emotional Injuries

Emotional damages are eligible for taxation cause personal physical injuries are non-taxable. Because of this, it’s important to disclose any physical injuries that you endured during an accident. Emotional wounds are not tax exempt.

Contact the Professionals

Settlements and going to court can take a lot of time and energy. In the current world of disinformation, it’s always imperative to have professionals by your side. You need a thorough investigation of any case before you can make a settlement.

Money that is obtained as compensation in settlement (or verdict) of a personal injury claim is not taxable as income under the federal code.

Each state’s tax laws may be different, although many States follow the federal guideline on this point.

Schenk Podolsky Attorneys at law office can help you with Injury claims and vast areas of practice.

Our client comes first. You can try our free consultation service https://www.myarizonainjurylawyers.com/about-us#case-consultation

We have a different approach to every case. Remember, health comes first!

Buses are considered one of the safest forms of transportation. Public transportation is on the rise in Arizona thanks to the environmental movement. Many people consider buses perfectly safe, but accidents can still happen. If the accident happens, it’s not always easy to determine what happened, who’s at fault, or how long you have to file the claim.

Causes of bus accidents

We will try to present the most common causes of accidents, but the reality is many reasons can occur while a bus is on the road.

The most common causes of bus accidents are:

  •    Bad Road Conditions
  •    Inclement weather
  •    Driver Error
  •    Defective parts of the bus
  •    Bus fires
  •    Another driver on the road
  •    Negligence of the bus driver or the company
  •    Improper left-hand turns

Common Injuries from Bus Accidents

One of the main reason why bus accidents can be tricky is that the buses are larger and heavier than other vehicles on the road so they can cause much more damage which is right for the accidents as well. There are many types of injuries, and some of them can be serious.

We will try to stick to the most common, but many types of injuries could occur during the bus accident:

  •    Burns                                    
  •   Scarring
  •    Paralysis
  •    Amputation
  •    Head Injury
  •    Brain Injury
  •    Spinal Injury
  •    Joint and bone injuries
  •    Whiplash
  •    Permanent disability
  •    Wrongful death

The first thought that comes to mind after you are involved in the accident is that the insurance will cover you and provide you with the compensation for all injuries listed above. It’s essential for you to contact a qualified personal injury attorney.  In that way, you may be able to get compensation beyond what the insurance company is offering.

Types of buses in Arizona

If you ’re hurt in Arizona bus accident, you want to make sure that people that are responsible are held accountable for it.

Different types of busses in Arizona

  •    Public/city transit buses–  City buses are typically used in the city for those who don’t have their vehicle. Often a bus company is hired by the town or the town itself.
  •    Private/charter buses – They are significant as city buses, but they are not for public use. Chartered buses are typically hired by a group of people to provide transportation to a specific place for some period.

This can include corporate events, sporting event, or other occasions in which it doesn’t make sense to have multiple people drive. These buses are entirely private and so either the charter company will be responsible, or the driver.

  •    Tour Buses- they are similar to charter buses, but the difference is that they are driving to several different locations or locations that are quite far away. The buses company arranges these type of buses. Group of people can hire a bus or a company. If the bus is employed through an intermediary company on behalf of the group, that intermediary could also be liable in case of an accident.

 

How or When Insurance Companies Won’t Settle a Claim

Insurance companies may at times adopt an adversarial position against the insured party’s claim for personal injuries. While this is least expected, clients are definitely shocked on learning that an insurance provider offered an alternative version of the accident to eliminate them from claim settlement. Your insurance claim may be denied as a result of no-fault insurance laws, an expired insurance policy (or excluded driver) or when the policy adjuster denies liability for the insured party. Whatever the reason, an explanation should be given to the insured by the claims adjuster.

Reasons an Insurance Company Won’t Settle

1. No-fault Insurance Laws

Third party immunity may apply in states where no-fault insurance laws are in effect. This means that third party drivers enjoy immunity against minor personal injury claims in states that allow no-fault insurance laws. For damages exceeding a certain amount or where the serious injury threshold is achieved, the insured may claim for pain and suffering. Serious injuries, however, may call for a personal injury attorney, as such cases may be complicated. It is only in states with traditional fault laws where the insured has every right to pursue the at-fault driver claims for damages.

What no-fault insurance entails

No-fault insurance, also called Personal Injury Protection, is an automobile insurance that doesn’t care about the at-fault driver. Under the law, it doesn’t matter who caused the collision, and there is no proof required that another driver was at fault. The insurance company pays for the damages directly. This differs from the traditional liability insurance in which the at-fault driver’s insurance company should pay for losses or damages.

What no fault-insurance covers

The no-fault insurance covers wages lost during recovery, death benefits, funeral expenses, and medical and therapy costs. The amount paid depends on the amount of insurance premium purchased.

What no-fault insurance does not cover

The no-fault insurance does not cover emotional distress, pain, or suffering. It doesn’t cover car repair bills or personal property damaged inside the car at the time of the accident. Except where serious injury threshold is achieved, the insured is also not allowed to file a lawsuit against the at-fault driver for pain and suffering.

2. Expired Insurance Policy And Excluded Driver

The insurer can deny a legitimate claim if either the at-fault driver’s license is expired or the driver in question is not covered in the policy. While driving without a valid license is considered illegal, the penalty may mostly attract a stiff fine or suspension of the license.

In the case of an excluded driver, a claim for personal injury may be denied if the at-fault driver is exempted from the policy. The insurance company’s argument may be that, although the policy covers the policy holder’s family members and others allowed to drive the insured car, the at-fault driver may not necessarily be covered by the policy.

3. Denial Based On Insufficient Coverage

Unscrupulous adjusters may deny a claim for personal injury on the basis of “insufficient coverage” in states that have traditional fault laws.

Insufficient coverage simply means the at-fault driver has no sufficient insurance to cover all damages. This mostly occurs when claims for personal injury exceed the limits of the at-fault driver’s insurance policy. This requires the insurance company to pay all the money under the insured policy, to enable the insured party to file a lawsuit against the at-fault driver for personal injury. Since many insurance adjusters wrongfully deny a claim for personal injury based on insufficient coverage, a personal injury attorney is required as the case may be too serious to handle alone.

In sum,an insurance company may fail to settle a claim for all the genuine and legitimate reasons. Whether one resides in a no-fault or a traditional fault insurance state, an experienced personal injury attorney is required as long as the claim is wrongfully denied.

What’s Involved In a Car Accident Claim.

To begin with, you are liable to file an injury claim if the accident occurred was due to the negligence of the other driver. In case you were at fault, you are not liable to do so and will rather look very stupid while trying to file a claim. However, if you are the innocent party in the accident, then you need to start proceedings as soon as the accident happens.

After you have ensured that people in both the cars are protected and have summoned an ambulance if needed, the next step is to get information from the other driver. Make certain you take down their name, registration number, contact information, as well as pictures of yours and their car if probable. This is not the time to argue whose error it was; you just entail getting the basic information so you can file the claim and continue with the proceedings. Also, it is optimum not to talk too much to the other driver.

Once you have the information, you need to talk to witnesses present at the time of the accident about what they saw, and more importantly, their contact information. Your lawyer will contact them when you forward your injury claim. You should also note down what the weather was like, and exactly what happened so that your testimony if needed, is clear and consistent with that of the witnesses. Once the police arrive, give them your statement and make sure you get the report number so you can inform your lawyer.

Once this part is over, go to the hospital and get your injuries, if any, taken care of. Also, get additional tests if you are experiencing any pains. Make sure your doctor tests you for internal injuries as well. After your treatment, make sure you not only get your receipts but also your doctor’s contact information so they can appear as a witness for your side if needed.

Now, call an attorney. Locate one who focuses on accident compensation claims and plans a meeting with him/her. In your meeting, give him/her with all the facts. Start with the get in touch with details for the other driver and give the pictures, police statement information, hospital receipts, as well as contact information of the witnesses.

Most lawyers job on a “no win no fee” basis which means they will not get compensated except you win the case. Also, your legal representative can have their payment paid for by the defendant, which is the other driver, in case you win, so make certain you chat about this in the meeting as well.

Car Accident Claim

Now the question arises as to how to claim insurance if your meets with an accident. Immediately after the accident, certain details can be conveyed by anybody if the owner is not in a position to do so. After that the company will put somebody in touch with the caller and offer guidance to settle all your claims. One noteworthy thing is that in a case of death, the compensation is settled in the court and it takes about five years to settle this claim, as lot many departments are involved in the settlement of a claim and then court procedures are after all court procedures.

Format for claim settlement

The following information may have to be furnished immediately while you intimate about your claim:

  • -Policy Number
  • – Name, Contact No. and address of Insured person
  • – Vehicle number
  • – Make and Model of car
  • – A brief description of the accident
  • – Particulars and contact details of the garage
  • -Date , Time and place of accident
  • – Approximate Extent of loss
  • -Address and contact details of the individual intimating about claim
  • – Whether it is Insurance for car
  • -Whether it is damage claim
  • – Whether it is claimed against theft
  • – Whether it is third-party claim

Once you have retained their services, the lawful representative will take care of all. He/she may confirm all the information you provided, and you will most prone also have to go to a different general practitioner to certify your injuries. You legal representative will contact the defendant, and talk to their lawyers. If they recommend a settlement up front, do talk about it with your lawyer before accepting or refusing it. Now you have what’s Involved In a Accident Claim give your mesa injury lawyers a call should need help after an accident.