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Definition of Bodily Injury – Law – Personal Injury
December 1, 2010 | Author admin
Definition of “bodily injury”
A quick check on the Internet leads to many sites that provide definitions about injuries. However, the only definition that counts after you’ve been in an auto accident is the one listed in your auto insurance policy.
Check your auto insurance policy
Here are a couple of examples of General Definitions taken directly from auto insurance policies:
* Bodily injury means bodily injury to a person, including resultant sickness, disease or death.
* Bodily injury means any bodily injury, sickness, disease or death sustained by any person.
Bodily injury refers to injuries sustained
There you have it. Bodily injury is damage to your body that may show up now or later as injuries, illnesses, diseases, or even death. Bodily injuries are specific to something that happens to you that results in damage. Those injuries can be to the body, mind, or emotions, as opposed to an injury to property.
The most common forms of bodily injury are injuries to the neck and back (commonly called whiplash) or simply bumps and bruises.
Insurance companies may refer to underlying injuries as soft tissue damage. More significant injuries affect the limbs, brain and head, or spinal cord, and can cause a lifetime of damages. Here you will require Vancouver WA Personal Injury Lawyer to fight for justice by providing enough proof.
Reaction at the scene of an accident
At the scene of an accident, the adrenaline kicks in. Your body’s natural reaction is “fight or flight”, and most people are just scared and shook up, not always aware of what could be serious injuries.
So when you suffer bodily injury, protect your rights by the words you use. Instead of saying, “I’m fine,” just say something like, “I’m not sure… it’s all so sudden.” After all, how can you really tell in the rush of that moment?
Damages may not be visible
The thing that most people may not realize until later is that physical damage may not be readily apparent. Even broken bones might not be noticeable. In cases of whiplash, there may be no bruises or scraping, but the ligaments, connective tissues, and muscles may have been stretched and snapped to the point of damage that is not immediately evident. Such injuries may not be identified without an x-ray, MRI, CAT scan, or other diagnostic tools.
So what is personal injury?
The term “personal injury” is often used by victims to find an attorney who specializes in such cases, as our office does. Think of personal injury as an “umbrella” term that covers not only your bodily injuries, but other damages as well.
Educate yourself about your rights in an auto accident
Everyone deserves to find out if they have a claim. It’s better to learn about your rights sooner than later, though. For example, even in a simple conversation with an insurance company, you may say things that later might make it difficult to reach a favorable settlement. That is true whether you are talking with your own insurance company of the one that represents the other driver.
It’s better to consult with our offices immediately after the accident, to protect your rights and make sure you see medical providers who truly care about your injuries and are careful to document their findings.
My next blog will discuss some of the damages other than bodily injury that can affect your claim.
Steps to be taken in case of car Accident
December 1, 2010 | Author admin
We any ways have to be careful in our day to day life, but unluckily bad things do happen. Follow the below given 13 steps if in case you come across any car accident:
1. First thing you need to do is to notify the police on time and call ambulance if in case of serious injury.
2. Do work together with the accessible authorities who come to the scene.
3. Take based on reason steps to safe guard your vehicle from any other loss. Consider moving it out of the traffic.
4. Further try to record every thing what every possible on the scene. Your notes should carry the details of accident, recognition of the autos and people available, and the names and badge numbers of all urgent situation personnel. Take pictures in case possible.
5. Insist on breath tests if you estimate drugs or alcohol are involved.
6. Do not agree on money in any case. Do not confess fault. Do not agree on fail to notice about the auto accident.
7. Have a carbon copy of all police reports.
8. Have the insurance company inspects and evaluates the scratch before any steps are taken to repair it.
9. Cooperate with the auto insurance carrier agent in the examination, protection or settlement.
10. Send your car insurance carrier copies or lawful papers received in relations with the accident as soon as possible. Be sure you keep the originals copy with you.
11. If you are injured, submit to physical tests by physicians selected by the insurance carrier as commonly as they reasonably require. (The insurance carrier do pays the cost of these examinations.)
12. Give your support for the car insurance carrier to get medical reports and other applicable records.
13. Now its time to file a claim.
14. After filing a claim you require to keep a record of expenses you incur as a result of an auto accident, as it may be repaid under your policy.
15. Store copies of all the paperwork in your own managed files. You might be required to refer to it later.
Recorded Statement — Do I have to give one after a car accident?
December 1, 2010 | Author admin
The recorded statement is a guarantee step in the claim investigation process.
Insurance adjusters will be calling you to ask if they can take your statement about the accident. Many people believe that they have to give these statements so the insurance company provides coverage for the loss. Most insurance companies have Cooperation Clauses in them, but none of them can require you to give a recorded statement in the event of a car accident.
You have the constitutional right to remain silent and to not testify against your own person. Even in murder trials, the right to no self incrimination is respected. The concept carries over to car accidents. No one can bound coverage and require you to be in a recording giving testimony of facts.
Taking a recorded statement is entirely voluntary. Do not let the insurance company tell you otherwise. If they tell you that the cooperation clause in your policy says that you must cooperate, then you can tell them that you will cooperate by giving a verbal statement (same statement just not recorded).
The cooperation clause is just that, a clause that requires you to help the insurance company�s investigation. It does not say that you have to do it under a recorded statement. If they are too pushy, then ask them to put their requirements on writing and verify what they are telling you against your actual policy.
Benefits v. Harms of a Recorded Statement
The benefit is that your insurance company will be able to better document your file. If there is a dispute about fault, and your case goes to arbitration, the arbitrator will probably look at a file with a recorded statement as having better evidence than a file without one. I have seen arbitrators decide that one person�s version of events was �more convincing� because she/he was willing to put their words in a recording.
The harms of giving a �bad recorded statement �could be many, delay in the investigation for something that you said that could bar coverage, complete denial of coverage, fault being construed against you, interpretation of your words against you, etc.
If you think that giving a recorded statement is the right thing to do, then consider only giving it to your own insurance company. If the other party�s insurance carrier asks for a recorded statement, have them contact your insurance company and �share� a copy of the tape. This way you only give one statement, and the people questioning you is your own insurance company (the one protecting your interests).
Here are the best 10 tips of what you should do before you give a recorded statement:
1. Make sure you have time to talk. Secure at least one hour of your time.
2. Make sure is time that work s for you and the adjuster�s. Do not do it before the adjuster�s lunch time. They will rush you to get out of the tape without giving you a chance to fully explain your point of view.
3. Have all the information available in front of you. For example, Names, streets, insurance polices, and the police report if possible.
4. Read your police before hand. This way you will know why the adjuster is asking what they are asking, and see if they are trying to find information to deny your claim.
5. Tell the adjuster that you are willing to give the statement only if they give you a transcription of what you said. Make sure you say this on the tape.
6. Remember that you can decline to answer any question for any reason at anytime. Just say it. I decline to answer for personal reasons.
7. Tell the adjuster that you will also record the conversation. This usually puts them in their best behavior.
8. Answer only what they asked you. If the question is what color is the light? then answer should be a color and nothing more.
9. If the question is subjective, decline to answer, tell them that you do not know, or simply just ask the adjuster what they are looking for specifically.
10. Be polite and respectful. If they are rude or anxious, the adjuster�s supervisor will probably side you. But if you are rude, your complaint will be dismissed.
via Recorded Statement — Do I have to give one after a car accident?.
Tips to ensure your claim is processed in a timely manor
November 29, 2010 | Author admin
There are a couple of key factors that will help process your claim within a timely manor:
1. Be sure to fill out all of your personal information on each claim form. Sometimes the company will ask for the information several times on each page, it is necessary for you to complete the information each time. It seems redundant, but it is necessary.
2. Make sure to give your physician the claim forms to fill out. You can provide your physician with our fax number (724)519-7484 and ask them to complete it and fax it directly to our office. You do not have to wait for them to fax the information. You can send us your completed portion as soon as it is finished.
3. Make sure to give your employer the claim forms to fill out. You can provide your physician with our fax number (724)519-7484 and ask them to complete it and fax it directly to our office. You do not have to wait for them to fax the information. You can send us your completed portion as soon as it is finished.
4. We will also need a copy of your Operative Report faxed to our office.
5. We will need ANY copies of itemized statements, chiropractor visits, or any doctors visits.
6. Claims should be filed within 14 days of the accident or sickness. The sooner we receive your completed paperwork, the sooner the claim is filed and processed.
7. You can check on the status of your claim 24 hours a day by visiting the Insurer’s direct website or by contacting our office.
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Worker’s Compensation Insurance
November 8, 2010 | Author admin
Worker’s compensation insurance provides coverage for statutory advantages to workers who are injured on the job site. All employers have a necessary and obligation to their workers to make the office a secure environment. As secure as a workplace will be, accidents can (and sometimes do) nonetheless happen, even within the safest of work environments.
Employee’s compensation insurance coverage was created to protect employers from any and all lawsuits resulting from workplace or work-associated accidents or illnesses. It additionally supplies medical care and compensation for lost revenue to workers who’re hurt in office accidents, or harm in places apart from the office while on the job. Practically each state requires one of these contractors insurance for all businesses.
Staff compensation insurance offers funds to injured workers irrespective of who was at fault within the accident. The fee is issued for time misplaced from work, in addition to for medical and rehabilitation services. This sort of contractor’s insurance coverage additionally gives death advantages to surviving spouses and dependents.
Concerning this insurance coverage, each state within the U.S. has different laws that govern the quantity and period of misplaced revenue benefits, the supply of medical and rehabilitation companies, as nicely as how the system is administered. As an illustration, in several states, regulations dictate whether the employee or employer can choose the physician who treats the injuries, in addition to the way wherein disputes about benefits are resolved.
It could be very important be aware that employees compensation insurance should be bought as a separate policy. There are several sorts of commercial/contractors insurance coverage which can be offered as package deal policies – but these sometimes don’t embody coverage for employee injuries.
Can Your Insurance Company Afford Your Claim?
November 6, 2010 | Author admin
Choosing an auto insurance policy is often considered to be all about the price of the policy. Sure you want the best coverage you can, and you want to be sure that you will get reimbursed for the types of accidents that are likely to happen to you, and absolutely you want to have the cheapest policy you can get, but what about choosing an auto insurance company that can actually afford to pay your claims?
Filing Auto Insurance Claims
November 6, 2010 | Author admin
The auto insurance policy that you have purchased is useful only if you are familiar with the auto insurance claims. Filing an auto insurance claim is essential to cover the financial loses caused by accident, theft, vandalism, etc. People who are completely familiar with the auto insurance claims can deal with such situations in a better way. Here are some points that are essential to be considered while filing an auto insurance claim:
