Personal injury law falls under the area of law which is called torts. A personal injury case can arise from an automobile accident, a slip or trip and fall, a defective product, or any other type of situation in which a person is injured due to the negligence of another.
If you are injured as a result of another person’s negligence, you may have a cause of action against that person. If, for example, you are injured when another driver runs a red light, you would have a negligence case against the other driver.
Oftentimes folks have difficulty in trying to resolve their case with the other driver’s insurance company; as a result, they have to contact a lawyer to help them resolve their case. A person is entitled to certain damages when injured. Reimbursement for medical bills and lost wages are actual damages which a person is allowed to recover. Other actual damages a person is entitled to are pain and suffering, mental anguish, loss of enjoyment of life, and any permanent injury.
There is no exact formula to figure out the value of a case. Many factors can come into play when a jury is deciding what amount of money to award a Plaintiff. Surgery or a fractured bone will typically increase the value of a case. Any time there is an objective injury which can be viewed on a diagnostic test helps in getting a higher award from a jury. A permanent impairment as determined by a medical professional should increase the value of a case.
Once a person is injured in an accident, it is always wise to seek follow up medical care from the same medical providers previously used by that person. A family doctor that is familiar with your medical history can refer you to a specialist if necessary. An insurance defense attorney will also not be able to accuse you of going to a “wreck” doctor if you see your family doctor. It is important to always follow the advice given by your doctor for two reasons. One is so that you can make a full recovery. The second is so the insurance company or their attorney will not be able to discredit you for not following your doctor’s advice.
Once a person has completed their course of treatment and been released by the doctor, a case is then ready to be settled. All of the above mentioned factors will be listed by the attorney when sending a demand letter to the insurance carrier. If the case cannot be settled, the next step is the filing of a lawsuit against the at fault party. The trial attorney’s at Koon Cook & Walters, LLC have been trying personal injury cases for many years and look forward to helping you receive full compensation for your injuries.