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Introduction Being injured in an automobile or other accident can be a traumatic experience. Insurance companies hire adjusters and defense attorneys in an effort to keep their payments at a minimum. We will relieve you of the hassle and frustration involved in dealing with adjusters, and most importantly, we demand that you receive fair and just compensation for all your damages. Personal injury claims require three elements to be successful: negligence, injuries/damages and collectability. The following explanations are necessarily brief and can be further explained by our attorneys. Negligence Most accidents are caused by negligence. That is, someone did something they should not have done, or they failed to do something they should have done. The field of negligence deals with a number of legal problems governed by many principles and doctrines of law. The purpose behind those doctrines is two-fold: first, to provide adequate compensation to injured parties and second to deter negligent acts. Comparative Negligence Many states have enacted statutes to distribute the risk in accidents. This is called comparative negligence. Generally, comparative statutes require that damages from an accident be allocated according to the degree of fault (or negligence) of the various parties. Injuries/Damages Unless you are injured in the accident you will not have a viable personal injury claim. From injuries flow damages. Damages are simply the monetary compensation for the injuries sustained. Damages may be awarded for several reasons. They may be awarded as compensation for injuries, to punish wrongdoers, to deter wrongful conduct, and to reduce retaliation or violence. A person that negligently harms another is responsible for the damages that are a normal and foreseeable consequence. The wrongdoer, defendant, is generally liable for all injuries and losses which are the natural and probable result of his actions. Personal injuries have many elements of damages. They can include recovery for the following: reasonable and necessary medical expenses, physical pain, mental anguish, emotional distress, temporary or permanent disability, loss of earnings and loss of future earnings. In some instances, the loss of love, comfort and consolation may also be compensable for a spouse. Punitive damages are not allowed in cases involving only negligence by a defendant. Collectability Unfortunately, an injured party cannot be relieved of the pain, suffering and loss incurred as a result of personal injuries. The compensation for such injuries must be translated into a dollar value and that value must be collected in order for the claim to have merit. Generally, such compensation comes from proceeds of insurance policies. Insurance Most states require as a condition for the licensure of drivers and vehicles, that they be covered by liability insurance. In addition, many states require that insurance policies provide coverages for uninsured and underinsured motorists coverage. These coverages protect you, the injured party. A good insurance agent will also recommend medical payments coverage on your own policy. This coverage takes care of your medical bills incurred as a result of a automobile collision until you can recover from the wrongdoer. Other insurance coverages such as Worker’s Compensation, HMO, PPO, Accidental Injury or Major Medical may provide payment for injuries received in an accident. To be certain that you receive the maximum potential recovery, it is necessary to review and identify all insurance policies involved, including your own.
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