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Whiplash Injury http://www.whiplash-injury.net Your Injury Lawyer Pro ... Tue, 20 Sep 2016 13:53:36 +0000 en-US hourly 1 http://wordpress.org/?v=4.3.11 SETTLING INSURANCE DISPUTES http://www.whiplash-injury.net/settling-insurance-disputes/ http://www.whiplash-injury.net/settling-insurance-disputes/#comments Wed, 30 Dec 2015 10:15:06 +0000 http://www.whiplash-injury.net/?p=62 There are a lot of insurance disputes that are always witnessed in the contracts that people sign between them and the insurance companies that offer…

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There are a lot of insurance disputes that are always witnessed in the contracts that people sign between them and the insurance companies that offer the insurance services. A breach of the contract may occur when the company fails to compensate the insured in case the risk that he or she was insured against has occurred. The process of getting the compensation can be very difficult especially if the insured does not know of the course to take in order to ensure that they get compensated. The law provides for the ability of the insured to sue the insurer who is the company that he or she has been insuring with and the court may order the company to compensate him or her in case the courts finds that in deed the insured should be compensated.

This process will require a lawyer who has dealt with such cases before and also has the knowledge regarding the contract between an insured and the insurer. There is no need to waste a lot of time trying to plead with the insurer in case you are sure that you have been paying premiums and you really deserve the compensation after the occurrence of the risk that was insured.

When you need a lawyer, you should get information from the best. Law Offices of Piazza, Simmons and Grant LLC can give you the information you need.

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Mental Injury Deposition – Higher Standard of Truth http://www.whiplash-injury.net/mental-injury-deposition-higher-standard-of-truth/ http://www.whiplash-injury.net/mental-injury-deposition-higher-standard-of-truth/#comments Wed, 30 Dec 2015 01:35:07 +0000 http://www.whiplash-injury.net/?p=60 During the Deposition In a Mental & Emotional Injury Case Higher standard of truth during deposition than real life Every emotional and mental injury case…

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During the Deposition In a Mental & Emotional Injury Case

Higher standard of truth during deposition than real life

Every emotional and mental injury case is basically a credibility contest where much of the proof is dependent on the truth of plaintiff’s testimony. The typical plaintiff can be unlikely to lie at the deposition, we all have a tendency to spin the facts in a way that will make us look good. Depositions are different however than real life. A higher standard of the truth will be at depositions. If the deposition statements are missing critical facts, those statements will lead to losing of your credibility and eventually your case.

Unlike many different conversations you have each day, your testimony will be under a microscope and then tested against key information provided by witnesses, information provided during mental exams, and information from school, medical and therapy records, work, that run your entire lifetime.

In your normal life, when somebody says to you, ‘How are you?’ you’re likely to reply, ‘Okay.’ The complete truth is you feel different things, and one of them isn’t ‘Okay.’ In the deposition, you have to avoid casual and simplified answers and rather give accurate answers.

Visit The Law Offices of Joseph M. Tosti now and get legal advice from an experienced attorney.

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Five Basic Steps to a Deposition http://www.whiplash-injury.net/five-basic-steps-to-a-deposition/ http://www.whiplash-injury.net/five-basic-steps-to-a-deposition/#comments Wed, 02 Dec 2015 01:44:06 +0000 http://www.whiplash-injury.net/?p=58 Many steps are taken before first entering the courtroom for trial. One, making sure each of the plaintiff’s testimony has been recorder through a process…

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Many steps are taken before first entering the courtroom for trial. One, making sure each of the plaintiff’s testimony has been recorder through a process known as a deposition. Usually under oath, with either a court reported, and or a recorder present.

Follow these five simple steps to help deliver a dynamite deposition.

Step One:
It sounds silly, but necessary, rehearse and read all interrogations associated with the case. Sometimes this may take no more than two or three run through’s. Plus, keep in mind that your answers must be consistent in each proceeding.

Step Two:
Remain calm, but remember that the defense attorney, will be judging your conduct, and behavior. Dress appropriately. Wear business casual, and dress as though you are going for a job interview. Might be a good idea also to take the opportunity to view this as though you were appearing in court.

Step Three:
Simple minding of manners here. Be sure to speak clearly. Do not chew gum. Be courteous to opposing counsel.

Step Four:
Answer all questions honestly. Even if you feel your answers do not work in your favor.

Step Five:
If you are uncertain about a specific incident, simply say that you cannot recall.

If you have a case on your hands and don’t know where to turn, The Law Offices of Joseph M. Tosti has the skills and experience to help.

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The Most Common FAQ’s of an Accident Settlement http://www.whiplash-injury.net/the-most-common-faqs-of-an-accident-settlement/ http://www.whiplash-injury.net/the-most-common-faqs-of-an-accident-settlement/#comments Tue, 01 Dec 2015 16:07:05 +0000 http://www.whiplash-injury.net/?p=56 When it comes to filing a personal injury claim it could take awhile for to honor a claim and for a settlement reached. During this time an…

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When it comes to filing a personal injury claim it could take awhile for to honor a claim and for a settlement reached. During this time an individual could have questions regarding their claim and the process that they aren’t getting answers to. Here are some commonly asked questions along with some answers that could be on a claimants mind:

How long does it take for a case to settle?

First, both sides need to know the extent of the injuries. This will include looking at all medical records regarding medical treatment due to the accident. Second keep in mind that the settlement is base on the initial injuries resulting from the accident, not due to other conditions that could result from it down the road. Injury cases aren’t settled over night, mainly because insurance companies want to try to get the individual to lower the settlement amount.

If it’s not clear who is the blame will the case be effected?

If the individual filing the accident report isn’t exactly clear on whether or not they were at fault it could lead to them losing the claim. In an insurance claim an individual who files must be able to give proof that their injury was due to the negligence of the other party. Although, in some cases even if the individual can be proven to be partly at fault they can still be given a reduced settlement none the less so a claim can still be filed.

In an accident case should an individual settle out of court or go forth with the case?

There are other factors to take into consideration. Especially when it comes to going to court. Such as the cost of a trial. In some cases if the claim is small and individual knows they could be partly to blame, the best course of action is to settle out of court. The best things for the individual to do is weigh the options carefully to decide if going forth with the case is necessary.

The Law Offices of Joseph M. Tosti has years of experience in this practice area and can be of further assistance.

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case-weakness http://www.whiplash-injury.net/case-weakness/ http://www.whiplash-injury.net/case-weakness/#comments Tue, 01 Dec 2015 08:47:05 +0000 http://www.whiplash-injury.net/?p=54 Many are times when individuals find that that the law suits they filed failed to push through or failed. This often puzzles the plaintiff and…

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Many are times when individuals find that that the law suits they filed failed to push through or failed. This often puzzles the plaintiff and frustrates them that the law is not fair and ultimately feel that justice has not be done according to their situations. One major cause of defeat is weakness or loopholes the defendant may have on your case. It is important for one to discuss and explore with their injury personal lawyers the weakness their case may have thus important in the long run for winning the case. This can be done by critically analyzing every component of the suit including making sure that the dates are correctly mentioned. In case of an injury, it is important for one to proof that the injury was caused by the accident, in case the injury was caused by the current injury and one should in detail prove how they are affected by the current injury, many insurance companies will claim that the injury was caused by the previous accident.

Individuals often find themselves in situations where they are unable to win their claims against the insurance since accidents have caused injuries in the same sport, it is upon the individuals to review the weakness of their suit so that they can make the right claim and in in the long run.

We encourage you to Click here to learn more and receive expert legal advice.

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The Importance of Emergency Room Records and Your Personal Injury Lawsuit http://www.whiplash-injury.net/the-importance-of-emergency-room-records-and-your-personal-injury-lawsuit/ http://www.whiplash-injury.net/the-importance-of-emergency-room-records-and-your-personal-injury-lawsuit/#comments Mon, 30 Nov 2015 21:22:07 +0000 http://www.whiplash-injury.net/?p=52 If you are injured in a car accident, your emergency room records are of vital importance to your personal injury case and to the investigation…

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If you are injured in a car accident, your emergency room records are of vital importance to your personal injury case and to the investigation of your accident. Your emergency room records will be the first documentation of your injuries and medical condition. The records also provide an accurate time of the accident should it become relevant to your case. Usually, your personal injury lawyer will obtain any emergency room records that are pertinent to your case. Provide your lawyer with any information needed, such as date of birth and social security number, to assist him in obtaining your records. In addition, be prepared to sign a medical information release form should your attorney require one.

Your emergency room records are important because they will contain information about the accident as well as some information about your history. All information in the emergency room record is important even if it is hearsay. The type of treatment you receive, as well as a diagnosis and suggested follow-up care, may also be in the record. This information, along with any information in the hospitals bill, is of vital importance to your case. The hospital bill will list in detail all of the treatments you received and also serves as a measure of damages to consider in evaluating the severity of your injuries.

Law Offices of Piazza, Simmons and Grant LLC has years of experience in this practice area and can be of further assistance.

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Recoverable Damages http://www.whiplash-injury.net/recoverable-damages/ http://www.whiplash-injury.net/recoverable-damages/#comments Fri, 27 Nov 2015 17:41:05 +0000 http://www.whiplash-injury.net/?p=50 Recoverable Damages Car Accidents — During the Initial Evaluation — Some Things You are Entitled to Recover If you’ve been hurt in an auto accident,…

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Recoverable Damages

Car Accidents — During the Initial Evaluation — Some Things You are Entitled to Recover

If you’ve been hurt in an auto accident, in a lawsuit you’re entitled to recover all past or future losses and expenses you suffered.

One thing your personal injury attorney will do is consider all your damages from this automobile accident.

Past Damages

The past damages from the auto accident can include some/all of following:

Your ambulance fees.
The emergency room fees.
The hospital costs & expenses.
Doctor’s fees.
Medical costs like nursing and therapy.
Prescription drugs.
Prosthetic devices, walkers, canes.
Loss of earnings.
Transport to medical care.
Household additional help.
Non-economic losses, pain and suffering.

Future Damages

The future damages that you incurred from the auto accident can not be speculative, and should include some of the following losses:

Your ambulance fees.
The emergency room fees.
The hospital costs & expenses.
Doctor’s fees.
Medical costs like nursing and therapy.
Prescription drugs.
Prosthetic devices, walkers, canes.
Loss of earnings.
Transport to medical care.
Household additional help.
Non-economic losses, pain and suffering.

Your personal injury lawyer can help you to identify things not on this list that could have a financial impact on your family in the future.

Click here for the legal facts and information that can only come from experience.

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Determining How Much Your Case is Worth http://www.whiplash-injury.net/determining-how-much-your-case-is-worth/ http://www.whiplash-injury.net/determining-how-much-your-case-is-worth/#comments Fri, 27 Nov 2015 00:45:05 +0000 http://www.whiplash-injury.net/?p=48 Determining How Much Your Case is Worth This is one question that is often asked, yet is difficult to answer in the beginning. Predicting the…

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Determining How Much Your Case is Worth

This is one question that is often asked, yet is difficult to answer in the beginning. Predicting the value of a case is close to impossible without collecting all the necessary information. There are several factors that will influence a case’s value, such as:

* The amount of your medical bills.
* How much work income or other benefits were lost due to your injury, such as lost wages, sick leave used, vacation days used or loss of insurance benefits.
* How much the injury has affected your daily life, for example your ability to participate in sports and recreational activities that you previously took part in and your ability to do household activities.
* Whether your injuries are temporary or permanent.
* Whether your required an extended hospital stay.
* How much liability is on the part of the defendant.
* Whether you are partly responsible for your injuries.
* Laws and legal precedent as it relates to your case.
* The number and quality of the witnesses who can provide testimony about the incident, the extent of your injuries and the medical treatment received.
* Additional factors like pain and suffering as a result of the injury.
* Whether an insurance company will be involved in the case.

Click here to discover ways you can educate yourself on this topic.

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The Law Behind An Insurance Claim http://www.whiplash-injury.net/the-law-behind-an-insurance-claim/ http://www.whiplash-injury.net/the-law-behind-an-insurance-claim/#comments Thu, 26 Nov 2015 21:27:10 +0000 http://www.whiplash-injury.net/?p=46 When you file an insurance claim it is very important to know the basis of the law. Often times, it depends on having an attorney…

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When you file an insurance claim it is very important to know the basis of the law. Often times, it depends on having an attorney to file a successful claim. They are licensed and trained to handle an insurance accident claim. Don’t ever sign any paperwork or talk to the other insurance company because this can cause a denial or delay in your claim. Your attorney knows how to fight the insurance company for your rights. Talk to them about what you need to do in the event, immediately, following an accident.

The laws states that you should call the police, but it is important, that you notify your insurance company after your accident. Moreover, don’t just exchange information, make sure they present a valid insurance card. Not having proper insurance can cause you to have a civil suit against the other party. If they don’t have proper insurance, you forced to file civil action against them. In this instance, you want to talk to judge and the opposing counsel with your own legal counsel. Having an accident can be hard, but the right insurance company and attorney will make filing your insurance claim in a collision easy for you.

Visit Greene & Lloyd, PLLC now and get legal advice from an experienced attorney.

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WHEN TO SETTLE OUT OF COURT http://www.whiplash-injury.net/when-to-settle-out-of-court/ http://www.whiplash-injury.net/when-to-settle-out-of-court/#comments Thu, 26 Nov 2015 18:25:06 +0000 http://www.whiplash-injury.net/?p=44 Settlement out of court is not a decision to be taken lightly. There are so many factors to consider when before choosing to settle the…

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Settlement out of court is not a decision to be taken lightly. There are so many factors to consider when before choosing to settle the dispute out of court. A good attorney will require all the basic information and facts underlying your particular case. All this background information is needed to help in deciding whether or not to settle or the settlement offer to be considered. Once a settlement has been made it is final, even if your situation worsens or you incur future liabilities from the injuries suffered, no additional compensation can be offered.
Settlement can also be considered when it is hard to prove to the jury without a doubt that the faulty party being sued if fully liable. At situations like this, the attorney may suggest you agree to a settlement, to ensure that you get something out of the case as opposed to run the risk of getting nothing when you lose in court. Should it be discovered that you were also at fault, your settlement offer may be reduced by a proportionate percentage.
Another factor that may warrant an out of court settlement is if the cost to be incurred pursuing the case in court is really high and an out of court settlement is the cheaper option.

To learn more about this subject, visit this http://staugustinecaraccidentlawyer.com/blog/tag/daytona-beach/.

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