Getting injured in an accident is an extremely painful and expensive experience. An injury accident can change your life forever. You may need surgery after an accident and you are certain to have to go to multiple doctor’s appointments. You may need physical therapy which can often be more painful than the accident itself.
All of that medical attention is not going to be free. The average accident can cost thousands of dollars. If you were injured due to another person’s negligence, they should pay for your injuries.
When you have an accident, you will file an insurance claim with the at-fault party’s insurance company. An insurance company may not be willing to pay for your injuries or they may not be willing to pay the amount of money that you should really get. In this case, you will need a personal injury lawyer.
1-800-Injured Is a great place to find an attorney. 1-800-Injured is a Lawyer & Medical Directory that connects injured people with personal injury attorneys. We can also connect you with a doctor who can take care of your injuries. It is a great way to find everything you need after an accident in one place.
What Are the Most Common Types of Personal Injury Cases?
Accidents happen every day. However, any personal injury lawyer or insurance adjuster can tell you that some accidents happen more often than others. Four types of injury cases are the most common in New Mexico.
Automobile Accidents
The website Esurance did a study that revealed that 77% of drivers in America have been in an accident. It also concludes that the average person will be in an accident every 17 years or so.
Most people own cars and drive regularly. Many things cause automobile accidents. Speeding is the most common reason for an accident in The United States. Injuries from a speeding accident can be very severe because of the velocity with which a speeding car crashes into another car.
Drunk driving is a common cause of car accidents. An inebriated person’s vision is blurred. Their reaction time is slow. Alcohol consumption can make someone very drowsy and they might fall asleep at the wheel.
Texting while driving is another major cause of collisions. The state of New Mexico does not allow you to text even when you are at a stoplight. Despite the law, many people text and drive every day.
New Mexico has more distracted driving accidents than any other state. A study determined that the number of deaths for every 10 billion miles was 53.9.
Slip and Fall
A slip and fall accident happens when a pedestrian slips or trips and injures themselves. Personal injury lawyers see many of these cases every year. Although it may sound like a minor accident, injuries from slip and fall accidents can be quite severe. People often break bones and end up with head or spine injuries when they slip and fall.
Retail stores are very common places for people to experience slip and fall accidents. Busy stores do not clean spills up when they should because their employees are too busy doing something else. They may not mark off an area that has recently been mopped, because they are in too much of a hurry to get back to work after cleaning up.
When a person has an accident in a store, they should be provided with the company’s insurance information and they should fill out an accident report. If a person slips and falls at a private home, they should be provided with the homeowner’s insurance policy information.
Medical Malpractice
When you think of a profession filled with smart confident people, you cannot help but think of medicine. Even smart people make mistakes and many medical professionals are overworked. Mistakes in hospitals are a leading cause of death in the United States.
Medical malpractice can include anything from misdiagnosing a patient to giving them the wrong dose of medication to leaving a sponge inside them during surgery. The vast majority of mistakes happen in ICU units.
Medical malpractice cases are very complex. It can be hard to determine who caused an accident to happen in a hospital. In the case of most businesses, an injured party would simply file a claim with the company’s insurance policy. This is because of a legal rule called Respondeat Superior, which means “Let the master answer” in Latin. This means an employer is responsible for the actions of their employees.
In a medical malpractice case, it can be hard to determine who the employer is. Doctors are often independent contractors and the people who assist them may work for them, the hospital itself, or an agency. In a medical malpractice case, you may need the assistance of a personal injury attorney just to file lawsuit paperwork.
Wrongful Death Claims
Nothing is more painful than losing a loved one to an accident. If you have lost a family member, you can find legal help by contacting 1-800-injured. You will find many seasoned and professional law firms there that specialize in wrongful death.
When a relative of yours has passed away due to the negligence of another party, you will file a lawsuit for wrongful death rather than just an insurance claim. A party who has caused your loved one’s death should have to pay for funeral expenses. They are also expected to pay for the income that was lost from your household when the person died.
An experienced personal injury attorney will argue that you should also be compensated for the loss of emotional companionship and the extra stress you have because of the death.
What Type of Compensation Can I Pursue?
When you are injured in an accident, the negligent party should pay all of the medical bills that are related to your recovery. This will include surgery, doctor visits, medications, and psychiatric care.
If your property was damaged in an accident, The negligent party should also pay for that. For example, if you were in a car accident, the negligent party’s insurance policy should pay for repairs to your car or replacement if the car was totaled.
If you have missed work because of your accident, The person who caused the accident should reimburse you for the wages that you have lost.
Typical Steps to a Personal injury Claim
A personal injury case is a long process that starts with an accident and ends up with a resolution for better or worse. These are the typical steps to personal injury claims.
1. The Accident Takes Place
When an accident takes place, The accident victim will get the names and numbers of any witnesses that have seen the accident, they will also take pictures if possible. It is important to get the insurance information of the negligent party at this point.
2. The Victim Does Whatever They Need To Do To Get Better
The accident victim will go to the doctor and get surgery if necessary. They will save every bill
they get from every treatment or medication that they take.
3. The Victim Will file an Insurance Claim
The accident victim will call the at-fault party’s insurance company and report the accident. They will send in the bills, witness names, and photographs that they have collected.
The insurance company will assign the case to an adjuster and the adjuster will investigate the case and review your evidence. They will decide if they approve or deny the claim. If they accept the claim, they will make the victim a settlement offer.
4. The Accident Victim Will Contact 1-800-injured
They will find an attorney who specializes in personal injuries. They will call for a free consultation. The attorney will tell the victim if the settlement is fair. If the settlement is not fair, the victim will hire the attorney on a contingency basis. The attorney will negotiate with the insurance company to get the victim the money they deserve.
If a settlement is reached, the victim will get their money, the attorney will take their percentage and the claim will be closed. If they cannot reach an agreement, there will be another step.
5. A Lawsuit Will be Filed
If an insurance company is not willing to offer a reasonable settlement, you may decide to sue them. You will file a suit and your attorney will continue to negotiate with the insurance company. If they still cannot reach an agreement, the case will go to court.
Contact Us Today for Your Free Consultation
If you have been injured in an accident, you deserve an established attorney who will be diligent in getting you a fair settlement. Contact 1-800-Injured today.