Common Myths About Personal Injury Claims Debunked

Personal injury claims are often misunderstood, leading to several myths that can discourage individuals from seeking the compensation they deserve. Here we will debunk some of the most-common myths about personal injury claims and clarify the facts. Understanding the truth can help you make informed decisions if you ever find yourself in a situation where you need the services of a personal injury lawyer.

Myth 1: Personal Injury Claims Are Always Long and Drawn-Out

One of the most pervasive myths is that personal injury claims are lengthy and complicated processes that take years to resolve. Although it is true that some cases may take time, especially if they go to trial, many personal injury claims are settled out of court within a few months. It depends on the complexity of the case, the willingness of both parties to negotiate, and the expertise of your car crash injury lawyer.

According to a study by the Insurance Research Council, about 85% of all personal injury cases are settled before reaching trial. This statistic highlights that most cases are resolved without lengthy court battles, allowing claimants to receive compensation more quickly.

Myth 2: You Cannot Afford to Hire a Personal Injury Lawyer

Many people believe that hiring a personal injury lawyer is expensive and unaffordable. However, most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement ensures that everyone has access to legal representation, regardless of their financial situation. Moreover, consulting with accident injury lawyers early in the process can significantly increase your chances of a favorable outcome.

Myth 3: Minor Injuries Do Not Warrant a Claim

Another common misconception is that it is not worth pursuing a claim when only minor injuries are involved. However, even seemingly-minor injuries can have long-term effects that impact your quality of life and financial stability. It is essential to consult with Personal Injury Lawyers in Delaware County PA to assess the full extent of your injuries and determine if you are entitled to compensation. According to the Centers for Disease Control and Prevention (CDC), 3 million people are injured in car accidents every year, and many of these injuries initially appear minor.

Myth 4: The Insurance Company Will Offer a Fair Settlement

It is a common belief that insurance companies will offer a fair settlement without the need for legal representation. However, insurance companies are in the business of making money, and their goal is to pay as little as possible on claims. Without proper legal representation, you may end up accepting a settlement that is far less than what you deserve. Accident victims who work with car crash injury lawyers usually receive higher compensation than those who handle their claims independently.

Here are some reasons why insurance companies may offer lower settlements:

●     They may downplay the severity of your injuries.

●     They may argue that you were partially at fault for the accident.

●     They may delay the claims process to pressure you into accepting a lower offer.

Myth 5: You Must Go to Court to Win Your Case

Many people fear that filing a personal injury claim means that they will have to go to court. However, as mentioned earlier, most personal injury claims are settled out of court. Your personal injury lawyer will negotiate on your behalf to reach a fair settlement. Going to court is usually the last resort if negotiations fail, and even then, your lawyer will guide you through the process.

Understanding the Truth About Personal Injury Claims

Debunking these myths is crucial for anyone considering a personal injury claim. The truth is that personal injury claims are not as intimidating or unattainable as some people believe. By working with experienced Personal Injury Lawyers in Delaware County PA, you can navigate the process confidently and secure the compensation you deserve.

Contact Us Today for a complimentary consultation to discuss your case and learn more about your legal options.

This blog was originally posted on https://pa4law.com/myths-of-personal-injury-claims-debunked/

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Who is Responsible When You Are Hurt in a Truck Accident?

Determining who may be responsible for damages when you have been injured in a truck accident is challenging. If you or a loved one has been hurt in a crash, finding a personal injury lawyer who is well-versed in handling these types of claims is critical to ensuring all liable parties are held accountable.

Truck Accident Cases Are Complex

Truck accident cases are very different from auto injury claims. Because of their large size and weight, semis and other commercial vehicles are more prone to causing life-altering injuries and fatalities when involved in an accident. Crashes involving passenger vehicles can be deadly as well, but the claims process for recovering damages typically involves only two insurers. In truck accident cases, multiple parties may be liable, which means you need experienced accident injury lawyers who know how to track down all possible sources of compensation and prove liability.

Multiple Parties May Be Liable For Damages

Identifying the persons or entities responsible for damages after a truck accident comes down to the circumstances surrounding the crash, and whether a driver is a company employee, independent contractor, or owner-operator of a truck. This can get tricky, as a trucking company may try to deny a driver’s status as an employee or contractor in order to avoid liability. Not only that, the negligence of multiple parties may play a part in why an accident occurred. Depending on the circumstances, liability may lie with multiple parties, including the:

● Truck driver

● Trucking company

● Cargo loader

● Parts and/or vehicle manufacturer

● Maintenance company or repair shop

● Other motorists

Truck accident cases are very complicated when more than one party is potentially liable for damages. Filing claims with multiple insurers is stressful and overwhelming, and it is the last thing you want to deal with when you have been hurt and are trying to heal.

Why You Need a Truck Accident Lawyer to Determine Liability

There are countless scenarios in which a truck accident can occur. For example, if a crash was caused by faulty brakes but the trucking company failed to do required checks and maintenance so the problem was not detected, both the brake parts manufacturer and trucking company could be liable for damages.

An insurer may claim that you or another party is fully or partially at fault a crash. If you do share liability for the accident, this makes sorting out who is responsible for damages even more challenging. A truck accident attorney can take the weight off your shoulders by thoroughly investigating the circumstances surrounding the crash, handling communications and negotiations with insurers, and fighting to help you recover the full amount of compensation you need and deserve.

It is also important to hire knowledgeable Pennsylvania personal injury lawyers who are familiar with the rules set forth by the Federal Motor Carrier Safety Administration (FMCSA), which regulates the motor carrier industry in the United States.

A Truck Injury Attorney Provides Compassionate Legal Support

It can be easy to underestimate the physical, emotional, and financial costs of being injured in a truck accident. Many trucking companies have powerful insurance companies on their side and will do everything they can to minimize or deny your claim. Your lawyer will ensure that the severity and scope of your injuries and losses are accurately calculated, and provide the aggressive legal representation you need to protect your health and financial security.

Our personal injury lawyers in Chester County, PA are dedicated to helping make things right for injured victims and their families.

This blog was originally posted on https://pa4law.com/who-is-responsible-when-you-are-hurt-in-a-truck-accident/

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How Much is Pain and Suffering Worth in a Personal Injury Claim?

The calculation of economic damages such as medical expenses, lost wages, and property damage is fairly straightforward when determining the value of a personal injury claim. However, putting an accurate number on damages like pain and suffering requires the experience and knowledge of seasoned accident injury lawyers. There are several different factors to consider when determining these damages, and understanding how they are calculated can give you a better idea of what your case may be worth. 

What is Pain and Suffering?

Pain and suffering damages are compensation for the physical and emotional stress caused by an injury. Although the legal terminology for pain and suffering varies from state to state, generally it may include:

• Physical pain 

• Emotional distress

• Mental anguish

• Disfigurement 

• Embarrassment

• Loss of enjoyment

• Loss of consortium

Dealing with the aftermath of an accident can have a serious impact on a victim’s quality of life. That’s why it is critical to have a skilled personal injury lawyer who knows the importance of putting an accurate value on pain and suffering damages. 

Important Factors to Consider

There is no set formula for the calculation of damages for pain and suffering, as each case is unique and every injured victim copes with their physical and emotional hardships in their own way. However, accident attorneys take a number of factors into account, including:

• The type and severity of a victim’s injuries

• Whether they have suffered disfigurement or permanent disability

• The impact a victim’s injuries have had on their daily activities 

• Whether they will be able to work or do the things they used to enjoy

• The duration of their recovery 

• Whether it is possible for a victim to fully recover from their injuries

• The physical pain associated with their injuries

• Any stress, fear, depression, and anxiety caused by their injuries

• The impact a victim’s injuries have had on their personal relationships

A good attorney will know what type of evidence is required to show the extent of pain and suffering. Evidence such as personal journals, medical records, and expert witness testimony can all play a role in building a solid claim for pain and suffering damages. 

Methods for Calculating Pain and Suffering Damages

In some cases, pain and suffering damages may be calculated using the multiplier or per diem methods. 

When using the multiplier method, your lawyer will take the total amount of your medical bills and multiply it by 1.5 to 5 times to calculate pain and suffering damages. Usually, the more severe your injuries are and the longer it takes to recover, the higher the multiplier will be. 

With the per diem method, the number of days from the date of your injury to the date your doctor releases you is multiplied by a daily rate (per diem). For example, if your per diem is $300 and it took you 500 days to recover, you would claim $150,000 in pain and suffering damages. 

Your attorney will assess your specific circumstances and consider the facts of your claim and the impact of your injuries to determine a reasonable amount for pain and suffering damages. Before accepting a settlement, it is also a good idea to speak to an estate planning attorney to ensure that any compensation you receive is distributed as you wish in the event of your passing. 

Understanding the multifaceted aspects of pain and suffering damages can be challenging. Contact a Pennsylvania personal injury lawyer to find out more about how they can help protect your rights and interests.   

This blog was originally posted on https://www.pa4law.com/how-much-is-pain-and-suffering-worth-in-a-personal-injury-claim/

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Personal Injury Terminology That You Should Know

 

 

When you or a loved one suffers an injury due to someone else’s negligence, understanding the personal injury claims process is vital. Although the best accident attorneys will guide you through your claim from start to finish, knowing basic legal terminology can be helpful.

Plaintiff – The plaintiff is the party who brings a civil lawsuit against an individual or entity in a personal injury claim. The injured victim is typically the plaintiff in a personal injury case.

Defendant – The defendant is the at-fault party or entity that the plaintiff is suing. In some personal injury cases, there may be more than one defendant.

Tort –Personal injury and wrongful death claims are based on tort law. A tort is a negligent or wrongful act that causes harm to another person. An intentional tort typically involves a deliberate act that causes injury, such as assault.

Duty of care – In certain situations, a person or entity has an obligation to protect themselves and others from harm. For example, a supermarket has a duty of care to keep the entrance free of ice, snow, debris, and other hazards that could cause someone to trip, slip or fall. In medical malpractice cases, the duty of care is often known as the standard of care, which means a medical professional’s conduct is compared to the accepted standard for their specialty or industry.

Negligence – Negligence is a vital element of most personal injury claims, negligence and occurs when a party or entity fails to take proper care. To successfully recover compensation in a personal injury lawsuit, you must prove negligence, which can be challenging. Experienced accident injury lawyers know how to prove all four elements of negligence:

- That the defendant owed a duty of care to the plaintiff;

- That the defendant failed to meet that duty;

- That the defendant’s failure caused harm to the plaintiff; and

- That the plaintiff suffered injury, damages, or losses as a result.

Damages – There are two basic types of damages in personal injury cases. Damages are meant to “make the plaintiff whole,” or return them to the state they were in before an accident or injury. Economic damages are quantifiable and include medical bills, wage loss, property damage, and other accident-related expenses. It is more difficult to put a dollar amount on non-economic damages like pain and suffering, loss of enjoyment of life and emotional distress.

In rare cases, a court may award punitive damages, which are not meant to make a plaintiff whole, but to punish the defendant for particularly outrageous or egregious conduct and deter them and others from committing similar acts.

Statute of limitations – Each state places a time limit on how long a plaintiff has to file a personal injury claim or lawsuit. Although they vary from state to state, typically statutes of limitations for personal injury claims range from two to four years from the date of the injury.

This is by no means a comprehensive list of terms that are useful to know when filing a personal injury claim. To learn more about personal injury terminology, contact an injury lawyer.

This blog was originally posted on https://www.pa4law.com/personal-injury-terminology-that-you-should-know/

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