Can Insurance Agents Speak to the Witnesses?

Personal Injury Lawyer

If you are recovering after a personal injury accident and you are gathering evidence, you are likely looking into the people who may have seen the accident happen. When you are hoping to file an injury claim for your accident, one of the best forms of evidence might be bringing forward anyone who was a witness to your accident. They can help shed light on what they saw or heard and they can offer neutral, third-party input into who seemed to be the negligent party. This can be incredibly valuable to your claim, especially if you are insisting that you were not responsible for the accident happening. However, if you are dealing with the other party’s insurance agent and they are asking to speak with the witnesses, what can you do? 

What is the first thing you should do in this instance? 

First, it is important to speak with your lawyer to understand what you are legally obligated to do. Your lawyer, like a personal injury lawyer from a law firm like Barry P. Goldberg, knows that if you refuse to give the insurance agent the name of your witness it could be seen as a lack of cooperation on your part. Especially in the instance where you have already told the insurance agent that you have witnesses to your accident, it would not make much sense on your part to avoid disclosing who your witnesses are. Remember, you want the insurance company to be willing to come to a fair settlement amount with you and if you are not willing to provide them with the names of the witnesses then they will not be happy that they are unable to verify the witnesses’ statements. 

Can this hurt my insurance claim at all? 

It is always possible that when an insurance agent speaks with a witness that it could hurt your insurance claim. Many insurance agents will use the information they get to work in the insurance company’s favor. In certain instances, a witness may tell you that they do not want their information shared with the insurance agent and it is important to be transparent with the insurance agent when this is the case. It is important to remember that if a witness flat-out refuses to speak with an insurance adjuster, then the information they provide for your claim may be given very little weight when it comes to making a difference in the settlement amount you are offered. A witness may feel more comfortable: 

• Calling the insurance company on their own
• Setting the time, date, and place that they speak with the insurance company
• If their interview is not recorded
• Giving as little personal information out as possible

It is important that your witness feels comfortable when they are providing information on your behalf for your claim. If you have any questions regarding the witness to your accident or would like to know the best next steps, reach out to a law firm that specializes in personal injury cases. 

Sidewalk Injury

Slip and Fall Lawyer

Was Negligence Involved?

To hold someone accountable for your injury, the party has to have been negligent. When you fall on a person or company’s property, you have to prove that the owner did something wrong that caused your injury. When you slip and fall on someone else’s property, he or she is not automatically liable. There are conditions that your fall has to meet.

For example, if the sidewalk you walked on was in perfect condition and tripped out of clumsiness or inattention, the owner might not be held responsible. However, if you trip on the broken concrete and sprain your ankle, the owner may have been negligent for not fixing the sidewalk.

Who Is Responsible?

If you fall in front of someone’s house, there is a chance that he or she owns the sidewalk. Under some circumstances, he or she could be liable for your injury. When you file a claim, the insurance company will consider whether or not the owner performed regular maintenance on the sidewalk and whether or not he or she should have been aware of the hazards. The key question is whether or not he or she should have taken steps to assure pedestrian safety. If the homeowner is responsible, you will file your claim against the individual or his or her insurance company.

If the government owns the sidewalk, your local ordinances will determine whether you can file a claim. In some cases, the city is responsible for the upkeep of all sidewalks. If the government was supposed to repair the sidewalk, you might file your claim against the city.

What Can You Do Next?

After receiving medical care, your first order of business should be to speak with a slip and fall lawyer. When it comes to sidewalk injuries, determining fault can be complex. You may not be familiar with all of your city’s local ordinances, but your lawyer may have that information readily available. He or she can tell you whether you have a case and help determine the settlement you should demand. Additionally, if the claim has to go to court, you have a lawyer to guide you through the process.

Falling on a sidewalk can result in serious injuries. If you have medical bills, lost wages or any other monetary damage due to a fall on a poorly maintained sidewalk, then you could be entitled to compensation. Most slip-and-fall lawyers will offer a free consultation, so contact one now.

What Are the Steps to File a Workers’ Compensation Claim? 

A workplace injury or illness is not uncommon, especially within industries that are inherently hazardous. If you work in sectors like construction, healthcare, or manufacturing, you are more likely to sustain an injury or illness. If you have sustained an injury at work, you may be eligible to file a workers compensation claim so that you can be compensated for the costs of your injuries, missed wages and other expenses. Know the steps below so that you can properly submit a claim.

Receive Medical Treatment 

When you have been injured at your workplace, you need to get medical care right away. As a workers compensation lawyer like one at Therman Law Offices, LTD can tell you, seeking medical care immediately after you sustain your injury can not only help you recover faster, but it can greatly strengthen your case. If you are able to provide medical documents that show that you took action to treat your injury, then your case is less likely to be dismissed by the employer’s insurance company. 

Inform Your Employer 

You must notify your employer right away if you have suffered any kind of injury or illness that was work-related. Your employer needs to be formally notified that you suffered an injury so that they can put it on the company record. It is important that you communicate with your employer regularly and inform them of any updates, such as changes to your condition. Keep track of all the deadlines that you must meet so that you can relay information to them right away. 

Complete Your Paperwork

A workers compensation claim involves a lot of paperwork. Filling out all the forms that you need for your claim can be a tedious task.  If you are having a hard time filling out the paperwork, finding the necessary information or simply need a professional to review your documents for accuracy, do not hesitate to reach out to a skilled workers compensation lawyer for assistance.

Follow Up On Your Claim 

Once you have your claim submitted, you need to check on its status regularly. Once you know of your claim status, check in with your employer as well. In the event that there is an issue, you can talk to a lawyer about next steps that you can take. 

Workers compensation claims can be quite sophisticated, and if you run into an issue or just need basic guidance, a lawyer can provide legal support. For more information, contact a trusted workers compensation lawyer now.  

What Counts as Pain and Suffering in Court?

What Counts as Pain and Suffering in Court?

When considering filing a personal injury claim, it is important to understand what qualifies as pain and suffering and how it relates to your unique claim. Generally, and physical or mental pain that you sustain and then have to endure from an accident or an injury qualify. If you or someone you love has been hurt in an accident, it is important to get the right personal injury lawyer like Presser Law P.A.

Here are more specified circumstances taken into consideration for pain and suffering settlement:

Loss of a Loved One

If your claim involves the loss of a loved one, also referred to as a “loss of consortium”,  you may be able to win a pain and suffering settlement. The mental strain produced from the loss of someone important to you is hard. These are some of the people who qualify as a loss of consortium:

• Parents
• Close friends
• Those who provide household needs
• Spouses
• Family members

If your claim relates to the loss of one of the above people, consider consulting with a personal injury lawyer to investigate the possibility of receiving a settlement based on pain and suffering. Others may also qualify as loved ones depending on the circumstances. 

Presser Law P.A. has been serving the community for decades and understands the importance of working with clients to develop a plan that is designed to meet their needs. Our team is committed to providing personalized service in order to find an outcome that will offer peace of mind during this difficult time. We work tirelessly on behalf of our clients by striving for excellence in every aspect including customer care, communication, advocacy and accountability.

Physical Pain or Injury

If your situation relates to pain from an injury or accident, you will likely be able to claim pain and suffering. Pain and suffering that occurs and persists after an accident sustained in the workplace, from someone else’s error or negligence, etc. may qualify. When a significant injury is sustained, it’s likely to be considered a valid cause for a claim. Here are several scenarios which constitute physical pain or injury:

• Broken or dislocated bones
• Organ damage
• Nerve damage
• Muscular damage

Many other types of injury involving lasting pain or dysfunction also qualify. Consult with a lawyer to further decide if your injury or lasting pain could qualify for a pain and suffering-related settlement.

Emotional Or Psychological Damage

If your situation involves emotional disturbance or cognitive damage, a pain and suffering claim is within the realm of possibility for you. Here are some scenarios that may qualify as emotional or psychological pain and suffering:

• Events causing PTSD
• Cognitive dysfunction resulting from a brain injury
• Worsening of quality of life
• Events resulting in trauma
• An otherwise altered emotional state resulting from the concerned event or events

If you’ve been injured in an accident and are in need of a personal injury lawyer look no further than Presser Law P.A. Our team of experienced attorneys has the skill and knowledge to get you the compensation you deserve for your injuries. We understand how difficult it can be to cope with an accident, so let us take care of everything for you while you focus on recovering. 

Back Pain Exercises For Pain Relief

Back Pain Exercises For Pain Relief

When you suffer from back pain as a result of a major car collision or work injury that prevents you from enjoying your life to the fullest, you want to find solutions that can help get rid of it. Back pain can lead to consequences such as missed time off work and future medical issues, as a back pain doctor like one from AmeriWell Clinics can explain. Thankfully, in addition to professional care, you can also get lasting back pain relief if you try some basic at-home exercises to manage your symptoms. 

Lower Back Rotation

Lie down on your back on the floor, pressing your knees flat on the surface so that your knees are pointed towards the ceiling. Keep your core tight to stabilize your body, then gently move your bent knees towards one side and hold for 10 seconds. Repeat on the other side. Return to the beginning position and repeat 3 times for each side. This stretch helps to warm up your lower back and reduces stiffness. 

Wall Sit

Maintaining good posture can greatly minimize back pain. An effective exercise is the wall sit. Find a blank wall where you have enough room to press your whole back against. Stand with your back against the wall and slowly slide down into a seating position. Keep your knees bent at a 90-degree angle, or a few degrees wider. Maintain the position for 30 seconds and return to the starting position. This exercise is beneficial for people who spend many hours sitting at a desk for work. 

Cat-Cow Stretch

The cat-cow is a basic stretch that provides great relief for stiffness in the upper and lower back. Start by getting a mat and getting down on all fours (tabletop position). Inhale slowly looking upwards, then lower your core down into the cow position. Then exhale as you move your core up, slowly arching your back into a cat-like position, with your chin pointed towards your chest as you arch. Slowly alternate between these two positions 3-5 times.

Addressing the lower back should not only involve targeted stretches but stretches in other parts of the body, such as your shoulders and core. Correcting problems all over your body can reduce your pain and help you better manage your symptoms. Over time, you can gradually improve your symptoms and feel much relief. To learn more about what specific exercises you should be incorporating in your daily routine to minimize your back pain, contact a skilled back pain doctor now. 

What Is the Statute of Limitations?

Car Accident Lawyer

Personal injury cases encompass a wide range of situations. The two most common types of personal injury lawsuits are related to medical malpractice or workplace injuries, but car accidents, being hurt on someone else’s property, or wrongful death lawsuits are also common. While these lawsuits are common, they do have rules to follow. One such rule is the statute of limitations.

A personal injury lawyer like Daniel E. Stuart at Daniel E. Stuart, P.A. can help you understand more about the statute of limitations and how it may apply to your case. 

What Is a Statute of Limitations?

A statute of limitations refers to the amount of time you have to file a lawsuit after you are injured. The deadline is strict with very few exceptions. If you try to file a lawsuit after the deadline to do so has passed, your case will be dismissed. The statute of limitations on a personal injury case starts the clock on the day you were injured. 

How Long Do I Have To File a Lawsuit?

Each state sets its own laws for the statute of limitations, so the amount of time you have will depend on where you were injured. For example, if you were injured in Kentucky or Louisiana, you would only have one year to file your claim. In Maine, you’d have six years. Some states even make separate rules for different types of injuries. In Colorado, you have two years, unless your injury was due to a car accident; in that case, you have three. 

Are There Exceptions to the Statutes?

There are rare exceptions to the statute of limitations in any state. Most states do have a “discovery rule,” though. This exception extends the filing deadline in the case that the injured person had a reasonable basis for not knowing that he or she was injured or for not realizing that the potential defendant was at fault. If you’ve ever heard the commercials about developing mesothelioma, that is an example of the discovery rule. Most of the plaintiffs in these cases had no reasonable way of knowing they’d been exposed to asbestos two or more decades ago.

There are rare cases where other exceptions apply. If the defendant in your case leaves the state after causing the accident, most states will “pause the clock” on the statute. There may also be special guidelines if the injured person was mentally ill, disabled, or a minor. Because exceptions are so rare, it is a good idea to call a personal injury lawyer as soon as you suspect you may have a case.

If you suspect that you have a personal injury lawsuit on your hands, or if you’ve tried to get compensation from the at-fault insurance company without success, contact a personal injury attorney for assistance.