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You will need an attorney that is well versed in defending personal injury cases specific to motor vehicle accidents. Attorney's answers to questions are for general purposes only and do not establish an attorney-client relationship. You need someone with experience defending personal injury law suits.
If you're unable to come up with a specific value of your pain and suffering damages, you should contact a personal injury lawyer. Personal injury lawyers are trained to use their professional knowledge and experience to calculate a maximized amount of damages you suffered.
You need a personal injury attorney. If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge.
Make several copies of the suit papers, deliver one to your agent (make him/her sign for it), send another to the claims department of the insurance company via certified mail. They will hire a lawyer to defend you. Co-operate with the insurance company to the fullest extent.
For example, if you had $50,000 in medical costs and other hard costs, and your suffering was rated at about a 3, then the pain and suffering damages should come to about $150,000 (3 x $50,000 = $150,000).
10 Tips for Negotiating Pain and Suffering:Manage Your Expectations for Compensation.Know What Counts as Pain and Suffering.Support Your Claim with Outside Factors.Tell a Vivid Story of Your Pain and Suffering.Describe Your Distress During Recovery.Link Evidence to Your Pain and Suffering.More items...•
The Pain and Suffering Multiplier Method: The multiplier method for calculating pain and suffering is the most common approach. This method involves adding all “special damages” and then multiplying that figure by a certain number (typically between 1.5 and 5 – with 3 being most commonly used).
The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.
Look around for "insurance defense" or "civil litigation - defense" lawyers. If a lawyer is listed as an insurance defense lawyer, they handle your type of case although usually on contract with an insurance company. Warning: it will probably not be cheap to resolve. You might want to see what they...
Civil attorney who is licensed in Kentucky. Also, "trying to sue" me is cryptic. You need to confirm if you have actually been sued.
Generally, you want to hire a civil defense attorney who routinely defends personal injury cases. I hope you have now secured automobile liability insurance for your vehicle. You will soon learn that paying an insurance premium is a bargain compared to paying for a...
I agree with the other attorneys who have responded to your question. You will need an attorney that is well versed in defending personal injury cases specific to motor vehicle accidents.
You need someone with experience defending personal injury law suits. Generally this would be taken care of by your insurance; however, since you did not have insurance the burden will be on you to find and retain an attorney. You can look on Avvo for attorneys who practice in your area...
Report the accident to your insurance company as soon as possible after your car accident or after someone has an accident on your property. Make sure you get a claim number and write it down.
If you have a personal injury lawyer, have your lawyer look at it first. Otherwise, you can sign an affidavit that you do not have any other insurance. Make sure that the affidavit doesn’t say you are admitting having caused the accident.
A bad faith letter is a letter from the personal injury lawyer advising that the plaintiff is demanding payment of your entire insurance policy to settle the case and advises that if the entire insurance policy is not paid the lawyer will go after your income and personal assets.
Yes. When your insurance company settles the claim against you, you will no longer have any personal liability for the injuries caused by your negligence.
Yes. Hopefully, you have a liability insurance coverage limit that is more than the amount that you could be held responsible for. One of the advantages of having insurance is that your insurance company will provide you with a free lawyer to defend you. Unfortunately, insurance companies frequently don’t do a good job.
When your insurance company refuses to settle and you’re concerned about personal liability, you may want to consider hiring a lawyer to review the file to determine if a settlement is warranted. Your lawyer can put pressure on your insurance company to settle and obtain a release to release you from further liability.
Just because someone filed a lawsuit against you, that doesn’t mean you were at fault or 100% at fault for causing the accident. In many car accidents, both drivers are partially at fault for causing the accident.
First, you will want to contact the insurance company you had when the accident occurred. That insurance company is still responsible for providing you the protection afforded by your policy at the time of the crash.
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If you are making a claim against the other driver or his or her insurance company, make sure the other driver was at fault for the accident. As long as it's obvious that the other driver caused the accident, it'll be easy to proceed with your claim without an attorney.
In order to make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents and evidence. Supporting Documents.
Pain and suffering is any mental or physical distress for which you may seek damages in your car accident claim. Pain and suffering damages are based on the type of injury and the seriousness of the pain you suffered. Most states consider pain and suffering damages as a part of noneconomic damages (or also called general damages ), ...
Some lawyers use the "multiplier" method to calculate pain and suffering damages. If you're unable to come up with a specific value of your pain and suffering damages, you should contact a personal injury lawyer. Personal injury lawyers are trained to use their professional knowledge and experience to calculate a maximized amount ...
If there is no evidence of your pain and suffering, the insurance company or the court will assume that you did not suffer such damages. If you're having a hard time obtaining evidence for your case, you should consider getting help from a lawyer. Proof of the Other Driver's Fault. If you are making a claim against the other driver or his ...
Can I Make a Pain and Suffering Claim Without a Lawyer? Most car accident cases, regardless of attorney representation, are settled through negotiations, before even getting to the trial phase. If you were involved in a minor car accident, you may be able to successfully handle your case without an attorney.
Plaintiffs Want Payment Quickly. The plaintiff in a car accident suit wants to get their payment as quickly as possible. After all, money now is worth more than money later. Additionally, plaintiffs probably have expenses. These include medical bills and lost wages.
They will give your insurance company all the evidence they have that their client sustained an injury and that your negligence and recklessness caused it. From there, your insurance company and the plaintiff’s attorneys will begin negotiations. If your insurance company believes the evidence is compelling, they will probably want to settle early.
It is always better to settle because when an insurance company agrees to an amount, they will pay it out quickly. If you receive a judgment in court, there is no guarantee of collection.
Your insurance company and the plaintiff’s attorneys will present their evidence. Once the judge makes a decision, you can’t negotiate it or belatedly accept an earlier offer. So when you’re being sued in a car accident, settling is usually better all around.
This applies most to an insurance company, but the plaintiff’s attorney will probably want to avoid a trial as well . Anything can happen in a trial. To avoid an unexpected result and to reduce their own risks, both plaintiffs and defendants will look to settle a lawsuit.
When you are being sued in a car accident, you probably won’t have to pay up . It will be your insurance company. And it’s in the insurance company’s best interest to settle a case quickly. They want to do this for a few reasons, which we’ll talk about farther down.
Even if neither party gets exactly what they want, there’s a degree of certainty with a settlement. The plaintiff can avoid getting nothing, and the defendant can avoid a massive verdict for the plaintiff. Both of these things can happen in trials, and there is no mitigating it or negotiating it.