Attorneys

Personal Injury Attorney-Wrongful Death

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There are many cases of personal injury that involve the wrongful death of a loved one or family member. These deaths are defined as those that are the result of the negligence (lack of caring or caring) and they can include but not limited to:

• Prescription errors: These are errors that are caused by either the hospital,doctor or pharmacist. They can occur from giving the wrong amount of drugs to a patient ( doctors hand writing is notoriously bad and a 10 and a 100 can easily be confused),the wrong drugs given (there are many drugs with very similar names),wrong directions about how often or how much to take of the drug,or that the drug mixed in combination with other already prescribed drugs had an adverse affect.
• Nursing Home Abuse: Nearly one third of the nursing homes out there have had reports of nursing home abuse. There are many kinds of abuse including physical,sexual,emotional,and so on.The type of abuse that goes on at the homes varies widely but more times than not has to deal with the staff mistreating the occupants because they are underpaid and under appreciated. This sets off a chain reaction between the patients and the staff that can trickle down hill very fast. If you or someone you know is or has been subject to nursing home abuse then it is very important to get the information and case going as soon as possible.
• Defective Products: defective products are among one of the highest causes of wrongful deaths out there. This is due to the fact that there is usually no warning or sign that the the product is defective so people put their full trust and belief into the product and it catastrophically fails.(There are statue of limitations (certain amount of time between when the time the incident happened and how long you have to file a claim) that apply to some cases)  If you have had a accident because of product failure, then it would be a good idea to go ahead and get the consultation of a good personal injury attorney as soon as possible, also try and collect all of the product and its pieces to ensure that it was the product that failed and not just negligence on your part (This will more than likely be the main argument of the defense if this goes to court).

In any kind of personal Injury accident it is always crucial to get the most information as soon as possible. This will ensure accurate  time and dates, as well as get the case moving faster.

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Personal injury claim calculator-how to file step Two

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Step Two in filing a claim is calculating out how much to ask for in the claim.Once again this is all done for you if are using a personal injury attorney or personal injury lawyer, but if you have decided to go it on your own or would just like to add up the figures for yourself then this is how you would go about adding everything up.

Your Personal Injury Claim Calculator

Each personal injury claim is different and is based on unique circumstances. It is  important to get a basic idea of the expected claim amount. Here are some of the important factors that determine the personal injury claim value:

the party at fault must pay for the following:

“Medical costs
Income lost during treatment and aftercare
Income lost due to the injury when the individual goes back to work (if at all).
Compensation due to stress, loss of experiences, missed special events, depression and anxiety.

The formula that most insurance companies use for calculating the damages starts with computing the medical special damages, which are the total medical expenses incurred as a result of the personal injury. This is used a base figure, to which are added the general damages, which relate to suffering, depression and other non monetary claims.

In the case of personal injury claim in which the injuries are not too severe, the formula used by insurance companies is:

personal injury compensation = (special damages x 1 or 1.5 or 2) + income lost as a result of the injury)

In the case of a personal injury claim in which the injuries are severe and lead to a lot of non monetary loss (such as stress, depression, anxiety, lost experiences etc.), the formula used by insurance companies is:

personal injury compensation = (special damages x 4 or 4.5 or 5) + income lost as a result of the injury

In the case of a personal injury claim in which the injuries are extremely severe and lead to excessive non monetary loss (such as stress, depression, anxiety, lost experiences etc.), the formula used by insurance companies could even be:

personal injury compensation = (special damages x 9 or 9.5 or 10) + income lost as a result of the injury”

These are just examples of the  many calculations that have to be made to to figure the total for your personal injury claim.

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personal Injury claims-how to file step one

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What Is a Personal Injury Claim?

A claim is defined as “demand for something as rightful or due”,and a personal injury is defined as “physical or mental injury to the body of a person. This includes but is not limited to: physical illness (such as contracting a disease, or stress resulting in an illness); mental disorders; broken limbs and so on”. So the two put together becomes a claim that is being filed that states that you are demanding or are rightfully due a payment for something that has caused pysical,mental or emotional harm.

How Do I File A Personal Injury Claim?

There are many steps in filing a claim, some of them are as easy as filing out your name, address  and what happened and some are more complex, such as calculating out your total expenses and how much the claim should be. If you would like help in the process of filing a claim a  personal injury attorney or one of their paralegals will be able to assist in the process.

Step One in filing a Claim:get all of the information about what happened (Who,What,When,Where,How,Why), these are the most basic of things needed when filing a claim.(a special note for if it is a car accident claim,if it is the other parties fault and you contact their insurance. More than likely the claims adjuster will want to record the account of what happened in your own words. I would not recomend doing this as because after an accident your memory is jarred and is not able to fully rember important details of exactly what you saw. Many times insuarance companies will  put way to much emphasis on these vague  accounts and  try to get out or lessen the claim. Another bad thing about these recording is that you can often times not go back and add important infomation that you missed). You will want to try to get every detail that you can down to the miniscule and minute,dates,names and times and where abouts. Some helpful hints to getting more information are to call anyone who knows anything about your situation and can provide solid facts and statements about what happened,(be sure to get their full names,and try to get two contact numbers, and if they could a written statement),( if it was an accident involving a slip and fall or a premises liabilty claim if possible get pictures or have someone take pictures of the damage done to your self and where the incident happened,try to do this as soon as possible to preserve any evidence to help to validate the claim. After doing this you are going to want to begin calculating up your claim.

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