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How the Right Medical Treatment can Increase the Settlement Value of a Personal Injury Claim

Medical special damages are a key component of most personal injury claims. This refers to the amount that has been spent on medical bills while having injuries diagnosed and treated. Adjusters use medical specials as part of the personal injury damages formula to figure out total damages. This formula depends on many key factors, such as the type of medical treatment received, as well as who the medical care was received by. Types of Medical Treatment Not all medical services are considered equal, according to insurance adjusters. The duration and nature of medical service, as well as the type of facility or medical person providing

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Reasons to Consider Settling Your Personal Injury Lawsuit Out of Court

Many personal injury lawsuits are settled out of court since there are many advantages and benefits to this. Here are some reasons why you should consider settling your personal injury lawsuit out of court. Trials can be Expensive, but a Settlement may not Be Usually, the person who is injured in a personal injury lawsuit has a contingency fee arrangement with their lawyer who will receive 33% of a pre-trial settlement and 40% of the amount that is received once a trial begins. A defendant hires a lawyer who they have to pay on an hourly rate. This means that a time-intensive trial can be

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What Happens When the Defendant is a No Show in a Trial in New York

This is a true story. A woman was walking down the intersection of 23rd Avenue and 1st Avenue when she was hit by a truck. A lawsuit was brought against the truck driver, the company that owned the truck – a construction company at that – and the lawsuit went to trial. At the trial, the plaintiff’s lawyers wanted to question that truck driver about how he could miss the huge signs screaming road safety erected on the busy crosswalk where the accident happen. As luck would have it, the truck driver had bailed on the court and ran for his life (or freedom or

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Pedestrian Accident – What to do if You are Hit by a Car While Walking?

Car accidents take place when a vehicle collides into another one. But there are times that a person is walking on the street and they are hit by a car, which is termed as pedestrian accident. If you have been a victim of a pedestrian car accident, you may have certain legal rights and might be liable to file a personal injury lawsuit to receive financial compensation. Here are a few things you need to do if you have been the victim of a pedestrian car accident. Determining who was at fault Usually people assume that the driver of a vehicle would be at fault

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Types of Damages in Your Personal Injury Case

If a personal injury case is successful, the plaintiff might be able to collect financial compensation or “damages” from the party that was proven to be at fault. Here are the different types of damages available in a personal injury claim. Compensation for the Cost of Medical Bills Pertaining to the Accident If the plaintiff has to undergo treatment or testing or receive extensive medical care such as nursing home stays, hospital stays, or physical therapy, it is up to the defendant who was proven to have caused the injury to pay for the cost of all these medical bills. The medical portion of the damages

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How to Estimate the Value of a Back Injury Claim in a Personal Injury Lawsuit

If you file a back injury claim, you may be able to obtain some compensation from the business or the person that is legally responsible for causing your injuries. The settlement value of any claim is determined on a case-by-case basis, since back injuries range from sprains and strains to paralysis and spinal cord injuries. Here are a few general guidelines which can help you assess the settlement value of a back injury claim in a personal injury lawsuit. Economic and non-economic on a case-by-case basis are part of the typical compensation for a back injury claim. These are usually grouped together as a single

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Car Accident Soft Tissue Injuries

Car accidents are common but not all of them have to result in death. Sometimes, an accident can leave you injured but whether your injury is ‘serious’ enough for the law in New York is a matter of debate. Soft tissue injuries; i.e. the injuries suffered by the connective tissue in your body like your muscles, tendons, ligaments, and the discs in your back and neck, can be very debilitating but they may not rise to the level of a ‘serious’ injury as per the law in New York for you to be able to go to court and ask for compensation. The legislature sees

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Occurrences of wrongful diagnoses

Some people in New York suffer injury each year as a result of a completely incorrect diagnosis for a condition they do not have as opposed to the one for which they sought treatment in the first place. A wrong diagnosis can lead to improper treatment and medication being administered, while the real underlying condition gets worse as a result of lack of proper care.

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The Common Negotiating Tactic of Ridiculing Your Initial Settlement Demand

The initial phase of your personal injury case will be your lawyer negotiating with the defense lawyer to obtain a reasonable settlement. It is in the best interests of both parties, if an early settlement is reached, since they can avoid the costs of lengthy trial and other related expenses. However, the defense lawyer will have his own agenda of settling the case for the minimal amount possible, whereas your lawyer will want to receive the maximum case value. The Art of Negotiating Negotiations usually begin with the plaintiff’s lawyer asking for a particular settlement amount, which is usually turned down, and often ridiculed by

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Negotiating Settlements after a Car Accident

Those who have been injured in New York car accidents are entitled to compensation that covers the cost of the medical treatment, pain and suffering endured, loss of earnings or income, and so on. This compensation is typically to be paid by the auto insurance company of the at fault driver. However, when the injured person directly files a request for compensation with the insurance company they find that they are denied the full compensation due to them. However, a personal injury lawyer will work differently and use a different negotiating technique to ensure that you are paid the compensation due to you. Pawn Stars

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