If you are in a store or a place of business and somehow injure yourself, it’s important to act fast and handle the situation intelligently. One of the most vital things to remember is to file a claim for your injury and take the following steps.
Report the Accident
After getting injured in someone’s store or business establishment, it’s critical to report what happened. Ask to see the manager on duty and narrate to them the incident. This is important for a lot of reasons.
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When you experience an accident that causes you or your child to be injured in the state of Massachusetts, your first concern is likely to be that of your health. Once your physicians have attended to your immediate physical needs, then it is time to look to the future. A Massachusetts personal injury attorney can help you to understand your rights as an injured party in an accident.
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If you have been hurt in a car accident or any other type of accident through no fault of your own, you may be entitled to financial compensation. Typically, the insurance company of the responsible party will pay any compensation won via jury award or through a negotiated settlement. However, if you do agree to a settlement, it is best that it is negotiated by your attorney.
This is because the insurance company is looking out for its own self-interest when negotiating with you. They know that it could be months or years before you see any of the money that you are entitled to. Therefore, they will make you a below-market offer in an attempt to get a discount in your vulnerable state immediately following the accident.
Furthermore, the insurance company knows that you have a limited understanding of personal injury law and your rights during the process. This is something that they will take advantage of in an effort to settle the case quickly and for as little as possible. If you have an attorney negotiate your settlement, the insurance company will be forced to pay based on the facts of the case and not based on your legal experience or mental state.
When you have a representative who understands the law and how to work with the insurance company, you stand a better chance of getting all the compensation that you deserve. It will enable you to remain financially secure today and in the long-term.
When people think about personal injury, they relate it only to the physical injuries that the victim suffered from. However, many overlook the long-term emotional distress and mental anguish that victims experience as a result of the negligence or the willful act of another. Claims adjusters tend to think that emotional stress is a trick that victims use to get more money out of their insurance company, on top of the physical injury itself. Nothing could be farther from the truth.
Emotional distress is very real, indeed, and it can have a debilitating life-altering consequences on the victims. Sufferers usually go through intense emotional periods of processing and living with the experience. Whether the injury was from an assault, a car accident, or an attack by a dog, both the physical and emotional injuries caused can change a victim’s life forever.
Emotional distress will present itself in different degrees, depending on the type of injury and the circumstances. An attorney can negotiate with an insurance adjuster compensation for emotional distress, and this is quantified by focusing on the following symptoms:
• Loss of consortium
Attorneys should provide clear evidence of how the symptoms of emotional distress have affected their client. They must present specific examples of how their client has suffered—whether it’s from lack of sleep, or inability to focus on work responsibilities. The proof should show the tangible evidence of emotional distress, and the accident’s emotional toll on their client and the victim’s family.
Regardless of who’s at fault in a car crash, these accidents occur due to a form of negligence committed by one or all parties involved. It is in fact, the legal basis of all personal injury cases is that an individual had to have caused harm to another due to being negligent of the reasonable or prudent care that should have been observed done under normal circumstances. For a case to go through, the offender should have failed to do the reasonable act like stopping for a red light, or driving at speeds above the limit.
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When filing for a personal injury claim, most courts will want to determine who really is at fault for the accident or incident that resulted in injury on your part. While some cases can establish that the other party is solely liable, in many cases, you might have somewhat contributed to your own injury. This now becomes a basis for comparative fault, which may arise in many personal injury cases.
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