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Injury Cases Whether you or a loved one was injured in a car accident, bitten by a dog, injured in the workplace or slipped and fell in a public place, an injury lawyer can be a resource for you to learn more about a potential injury settlement. The value of your personal injury lawsuit will depend on the details of how you received the injuries, the extent of your injuries, the ability to prove your injuries and the extent of insurance company negotiation. Personal injury settlements can come in several different forms. Depending on the state where you live, laws governing injury lawsuits and who can receive compensation in a personal injury case can vary greatly. Briggs & Briggs has the information you may need to determine if your specific case might be eligible for a personal injury settlement in and outside of Washington. |
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Car, Truck, and Motorcycle Accidents Every year millions of people are injured in automobile accidents, many with devastating consequences. If you have been injured in an automobile accident, you may be entitled to a variety of benefits including payment of medical bills, lost wages, and compensation for your pain, suffering and inconvenience. On an average, there are more than 6 million car accidents on the roads of the US, annually. More than 3 million people get injured due to car accidents, with more than 2 million of these injuries being permanent. There are in excess of 40,000 deaths due to car accidents every year. |
| Although this is a very high number by itself, some heart can be taken in the fact that statistics show that car accident fatalities have been witnessing a downward trend in recent years. The majority of car accidents could be avoided if only the drivers would drive more responsibly. About 40% of car accident fatalities occur because of a drunken driver. About 30% of the car accident fatalities can be attributed to driving above the speed limits and 33% and above because of reckless driving that causes the car to go off the road and result in an accident. The majority of car accident victims are the drivers, then the passengers of the car, followed by pedestrians, and lastly cyclists. Every 12 minutes, one person dies because of a car accident. Every 14 seconds, a car accident results in an injured victim. For those in the age group of 1 to 30 years, the leading cause of death is due to being involved in a car accident. People, who are between 15 to 24 years, and those who are above 75 years of age, are the people who are most severely affected by car accidents. |
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Insurance Claims Anatomy of an Auto Accident Insurance Claim An auto accident insurance claim always begins with an accident. If you are involved in a car accident, there are some very important things you should do at the accident site to the extent you can. At the first opportunity, you should hire the services of a personal injury lawyer or see a doctor first if you are in pain. If you are suffering from pain then you want to focus on healing. Let a reputable personal injury lawyer do the work for you. No tify your insurance company about the claim but let your personal injury lawyer take it from there. |
| If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check. This is the property side of an accident and personal injury. You will have to fill out some paperwork. Investigating Your Automobile Accident Claim It starts getting complicate at this point and having legal representation can be a huge relief and even result in a higher settlement. In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. Make sure your representation helps you if you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records. The Settlement Offer Once the adjuster has investigated your claim and looked at your policy, he or she will typically send a settlement offer. The settlement offer will tell your attorney what the insurance company is willing to pay on your claim. It could be all, it could be part, and it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. Your personal injury lawyer is representing your best interests. Negotiating with the Claims Adjuster Don’t try to negotiate your own claim. A personal injury lawyer will have years of experience negotiating claims similar to your on a regular basis. If Your Auto Accident Claim is Denied If your claim is denied in whole or in part, your lawyer will make sure you don’t lose your right to sue if you wait too long to respond. In most states, the statute of limitations for personal injury claims is 2 or 3 years, but could be shorter or longer. You attorney will know the answer to this question and any others that may arise. |
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Traumatic Brain Injury Traumatic brain injury (TBI) can significantly affect many cognitive, physical, and psychological skills. Physical deficit can include ambulation, balance, coordination, fine motor skills, strength, and endurance. Cognitive deficits of language and communication, information processing, memory, and perceptual skills are common. Psychological status is also often altered. Adjustment to disability issues are frequently encountered by people with TBI. Brain injury can occur in many ways. Traumatic brain injuries typically result from accidents in which the head strikes an object. This is the most common type of traumatic brain injury. However, other brain injuries, such as those caused by insufficient oxygen, poisoning, or infection, can cause similar deficits. |
| Mild Traumatic Brain Injury is characterized by one or more of the following symptoms: a brief loss of consciousness, loss of memory immediately before or after the injury, any alteration in mental state at the time of the accident, or focal neurological deficits. In many MTBI cases, the person seems fine on the surface, yet continues to endure chronic functional problems. Some people suffer long-term effects of MTBI, known as post concussion syndrome (PCS). Persons suffering from PCS can experience significant changes in cognition and personality. |
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Back, Spine, and Brain Injuries: The spinal cord is very sensitive to injury. Unlike other parts of your body, the spinal cord does not have the ability to repair itself if it is damaged. A spinal cord injury occurs when there is damage to the spinal cord either from trauma, loss of its normal blood supply, or compression from tumor or infection. There are approximately 10,000 new cases of spinal cord injury each year in the United States. They are most common in white males. Specifically, 80% of spinal cord injuries occur in males, and 2/3 occurs in whites. Most injuries occur in patients 16-30 years of age. An injury to the upper portion of the spinal cord in the neck can cause quadriplegia-paralysis of both arms and both legs. If the injury to the spinal cord occurs lower in the back it can cause Paraplegia-paralysis of both legs only. |
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Wrongful Death: State laws vary on who may bring wrongful death lawsuits. In all states, close family members like spouses and children and parents can bring wrongful death actions. If children are minors, state law may require them to have a legal guardian, called a guardian ad litem, appointed to look out for their interests in the lawsuit. Some states allow more distant family members, such as grandparents, to bring wrongful death lawsuits. For example, a grandparent who is raising a child may be able to bring an action in the way a parent would in the same situation. Some states also allow legal dependents who suffer financial injury from the death to bring a wrongful death action for lost care or support. Parents can bring wrongful death actions for the death of their children, but in several states there is no wrongful death unless the child has been born alive and then died. The death of a fetus is not a wrongful death in those states and the parents can’t bring an action for financial losses resulting from the death or for their emotional trauma in losing the child. In other states, the death of a fetus can be the basis for a wrongful death suit. Consult with an attorney to find out if such an action is allowed in your state. |
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Unsafe Premises: Premises liability is an area of law that holds property owners legally responsible for accidents that occur on their property due to unsafe conditions. Premises liability laws are complex, so if you have been injured while on someone else’s property, you are encouraged to speak to a lawyer who can help you understand and protect your legal rights. The National Center for Injury Prevention and Control estimates that, in 2004 alone, more than eight million people were injured in slip-and-fall accidents. Since property owners are responsible for maintaining safe premises and warning visitors of potential hazards, they can be held liable for injuries that occur due to unsafe conditions on their property. Slip-and-fall accidents can result in many types of injuries, ranging from the relatively minor to the extremely severe. |
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Nursing Home Negligence: By the year 2002, Washington nursing homes had approximately 20461 residents. Out of every 1000 Washington residents 219.8 over 85years of age have lived in a Washington nursing home. Reports find that almost one out of every three U.S. nursing homes was cited for an abuse violation in the two-year period from January 1, 1999, through January 1, 2001 (www.democrats.reform.house.gov). I f someone you love is the victim of nursing home neglect, abuse, or negligence, contact Briggs & Briggs. Very little fluctuation in the statistics have occurred over the years showing that nursing home negligence continues to be a problem |