Personal Injury Victims Resources

Auto Accidents Information

Auto accidents are a scary experience. Anything can happen. They can cause minor to severe injuries and the vehicles involved will end up damaged. With the help of the legal system, the parties involved will have help in determining who is at fault for the accident and who has to pay for the damages and doctor bills.

Auto Accident Cases

Most people do not realize that a car accident is a combination of traffic and personal injury cases/law. When a person is injured in a wreck the attorney will help to negotiate with the other drivers to determine who should pay for the damage and if needed, fill a law suit. The court will put together all the evidence including: police reports, photos, and anything else that will help the case and is viable in the court of law. They will also take into account the local traffic laws and legal concepts to determine who caused the accident. The person responsible for it will have to pay the other party for medical expenses and property damage expenses; this includes lost wages and pain and suffering.

Things can be complicated, especially if both parties are at fault. Every state has different rules when more than one person is responsible for the crash. Some states may require that one party will have to pay all the bills, whereas  others will allows both parties to split the bills according to the amount that each person is to blame.

Limitations on  Auto Accident Claims

If you have been injured or your vehicle or property damaged due to an auto accident, you have two years from the date the wreck occurred to file a lawsuit. (Title 6, Ch. 2, 6-2-38(l)). Your case does not have to be resolved before this deadline, but you need to file the initial paperwork with the court before your two years are up. If you fail to file in this timeline, you could be barred from bringing your claim to a court at all.

This deadline does not affect when you file your insurance claim. However, if you have been injured because of a car wreck, it is wise to make sure you file the insurance claim as quickly as you can. This helps to ensure that you meet any deadlines set under your insurance policy and also allows you and your insurer to investigate what happened and to negotiate with all other parties for a settlement.

However, this two year deadline should be thrown out the window if a government vehicle was involved. More than likely you will have to make a claim with the government within a pretty short time period after the incident. Contact the agency that you believe is a fault for your injury and ask them for the information you will need about the administrative claim process.

Why is Insurance so Important?

Insurance helps you with auto wrecks. It may also help you from having to pay everything for the other parties damages should you be at fault. Your insurance may pay to repair all or some of the damages or replacement cost for all or some of the vehicles involved. They may even pay for medical expenses too. In some cases, your insurance will pay for an attorney to help you, but you may not be able to choose one on your own. State laws vary on the types and amount of insurance you are required to carry at all times on a vehicle.

What if the other party is uninsured/underinsured?

If this is the case with your accident, then your insurance company may require a signed statement from the uninsured motorist stating that he or she does not have insurance. Once they get that, you will be able to file a claim with your own insurance company for your damages. If they were underinsured and are able to fully compensate for your damages, you can still make a claim for the amount that the other driver’s policy can cover. Then you can take the claim to your own insurance company if you have underinsured motorist coverage.

Even if you have coverage for this type of incident, you could be put at odds with your company. That is why these types of claims require the involvement of an experienced personal injury attorney so you can receive the compensation for which you are entitled.

Things to do if involved in an accident:

1. Make sure everyone is ok

2. DO NOT say it was your fault. Your insurance company will not pay for anything if you do.

3. Call the Police and tell them about the accident

4. Tell the officer who arrives everything that has happened

When to report an accident:

1. When someone is killed or hurt

2. When there is more than $250 in damages.

How can I report an accident?

1. Send the accident report to the Department of Public Safety

2. Must be done within 30 days of the incident

3. You may get a form from the local police, sheriff or local state trooper office

4. You may also get the form online.

Truck Accidents Information

Truck accidents can cause more damage than a normal auto accident. Most fully loaded commercial truck can weigh at least 25 times more than any typical car. With the law of physics and the sheer weight of this type of vehicle, they can result in serious, sometimes fatal, outcomes. These accident can cause serious harm to you and your vehicle. If this has happened, you may need a truck accident lawyer.

Dangers of Truck Accidents

While statistics show that truck drivers generally are much more careful on the road than automobile drivers, large truck crashes still accounted for 4,995 fatalities and 106,000 injuries in 2006 (according to the U.S. Department of Transportation). Most of these accidents are due to faulty or unforeseen road conditions or the negligence of other drivers.

Commercial truck accidents can become worse depending on the cargo it is carrying. For example, a truck carrying hazardous or flammable materials that is involved in an accident can cause secondary injuries from them. In certain circumstances, these types of cargo can also explode if involved in a more serious crash. Always take care when driving around big commercial trucks.

Special Considerations for Truck Accidents:

Drivers who operate big trucks are often faced with certain dangers while driving on highways and roads. These are not a consideration where ordinary passenger cars are concerned.

These include:

Common causes of unsafe acts by car drivers in vicinity of large trucks include:

Common accidents caused by commercial trucks:

Commercial truck drivers are skilled and patient drivers. There are dangers that are included with the size and weight of the trucks used to transport goods, often hazardous or flammable. A number of things can happen to cause an accident with large trucks.

Medical Malpractice Information

Medical Malpractice is considered professional negligence by act or omission by a health care provider where treatment provided falls below the accepted standard of practice in the medical community. It can result in injury or death to the patient. This happens when a doctor or nurse fails to follow safety precautions to perform their medical duties.

We all put our lives in the hands of our physicians when we are sick or need treatment. We all think they should know what they are doing and will do it the right way all the time. However, not all doctors practice the same way. Some even throw out the safety precautions and can cause harm, serious injuries, or even death. This leads to medical malpractice cases.

Requirements for a Claim:

The flowing are required to prove that medical malpractice occurred and you must be able to show all of the following.

Most common Types of Malpractice:

Rules for Malpractice Cases

Many states have special rules and regulations, or procedures, for malpractice claims. It is very important to know these rules and follow them carefully.