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Auto Accidents and Personal Injury
Auto Accidents
Personal Injury

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May 2013

Accidents and Personal Injury Laws

 

 

     The Global status report on road safety 2013 presents information on road safety from 182 countries, accounting for almost 99% of the world's population. The report indicated that worldwide the total number of road traffic deaths remains unacceptably high at 1.24 million per year with only 28 countries, covering 7% of the world's population, have comprehensive road safety laws on five key risk factors: drinking and driving, speeding, and failing to use motorcycle helmets, seat-belts, and child restraints. 

   
         Getting injured can turn your life around and it is a difficult time to get back to normal. The last thing on your mind is protecting your legal rights. However, the following are some tips and relevant information which can save you ample time and effort if you decide to take legal action later on:

 

        First, after being injured in an accident, the first thing one should always do is look out for safety and health.  Once safety is maintained, collect evidence pointing to who caused the accident as well as the damage. In fact, with the use of Smart phones it is convenient to take photographs as well. Furthermore, write down everything that happened to you after the accident be sure to include any damages such as medical bills, hospital visits, lost work or wages.  Take any notes about conversations that had taken place with other people at the accident scene. In addition, continue to keep track of new developments by taking notes after conversations with your insurance company, medical care providers, witnesses to the incident, and anyone else with whom you discuss important aspects of your case (such as attorneys).  Keep track of your progress toward medical recovery.  These notes and obtaining the police report will help you and your attorney throughout the claim process and can assist in your effort to receive fair and adequate compensation for your injuries.
   

 

        Second, if you are planning on filing a law suit for your injuries and property damage against an individual there is no set time limit in which you have to notify that person of your intention. However, this also does not mean you should take your time. You can increase your chances of resolving your claim faster if you act quickly and efficiently.  By giving notice, you preserve your rights and prevent other parties from defending against a lawsuit by arguing that you waited too long to inform them of our injuries.

        Third, settling a personal injury claim can be time consuming and if you fail to file in a timely manner, you may be out of luck in collecting any compensation.  It is best to check your State's statute of limitations for your type of claim to ensure that the time period does not pass you by. The stages of a personal injury case consist of meeting with an attorney, initial court papers, fact finding process by which opponents in a lawsuit get information from each other to establish facts of the case, motions to resolution before trial, a settlement or trial and a final judgment. Far more injury lawsuits settle than go to trial.  It is also important to note that winning at trial is not a final victory and collecting on judgment often requires work. 

 

      In fact, injury claims are often handled by insurance companies.  It is also important to note that your health insurance company often has a right to take part of your auto accident settlement depending on what you agreed on in your health insurance policy. Subrogation means that the health insurance company is entitled to recover everything it paid for your medical care.  The medical bills are not paid twice - once by health insurer and second time in the form of settlement or judgment for damages.  So instead, you would have to pay the amount you received for your medical expenses in the settlement to your health insurance company. 

 

          Finally, in most personal injury cases, you hope to get money damages to compensate you for your injury.  The two classes of damages include economic (specific cost to you such as medical bills and repairing damaged property) as well as non economic damages (emotional distress).  There are damage caps which are limits on non economic damages that law makers have put in place.  The damage cap varies between each state.   Damage caps play an important role in attempting to manage the high cost of doing business as well as to discourage people from trying to win a lot of money.  The justice system should be reserved for people who were actually injured and must be compensated.

Please call me if you have any questions!


Sincerely,
  


Tushaar Desai
Desai & Maya, PA

1540 Lake Baldwin Lane

Suite B

Orlando, FL. 32814

Tdesai@Lawyer.com