How Long Do Insurance Claims Take? | Eric Luckman Law

If you have had the misfortune of being involved in an automobile accident, you are likely caught in a whirlwind of uncertainty. You may wonder how long it will take to settle your insurance claim. While there is not one answer for all scenarios, it helps to have a general timeline to determine where you are in the claims process.

According to Forbes.com, the average person will endure between three and four car crashes in their lifetime. Immediately following a loss, drivers can expect to hear from the insurance companies and potentially the investigating officer if liability is in question. For losses more complex than a simple rear-end collision or parked vehicle, carriers may want statements from those involved. Now is the time to consider hiring a personal injury attorney who may be able to help you recover maximum damages and advise you during the investigation phase.

Property Damage

After injuries are stabilized and the claims process is underway, it is time to consider vehicle repairs. Depending on the extent of damage, this can take anywhere from a few days to several weeks.

  • Consider waiting until the parts have been ordered and received before dropping off a driveable vehicle to save money on alternate transportation.
  • Use a reputable shop to ensure reasonable down time and heed any warnings they may give about their schedules. If they are too busy to see you within a week or so, consider using another shop to expedite your repairs.

Personal Injuries

Unless liability is in question, most people do not need an attorney to represent them solely for property damage claims. Injuries are another issue, and the claims process can be complex and lengthy. Some insurance carriers may attempt to settle your personal injury claim quickly and secure a release to put an end to your ability to recover any additional monies. Although many soft tissue injuries will resolve within 8-12 weeks, there are too many factors that can impact that timeframe to sign away your rights before you make a full recovery. Additionally, more serious injuries like fractures can take significantly longer to heal, and can be complicated by any number of factors. These unknowns are why it is difficult to put a definitive time frame on how long it takes to settle a claim.

The Injury Settlement

Many settlements include compensation for pain and suffering, lost wages, and medical bills. In order to properly evaluate these factors, the claims adjuster will review your medical records and other documents that support your claim. When you have a personal injury attorney to represent your interests they can aid in collecting these documents, but more importantly their knowledge and expertise can be invaluable when it is time to negotiate with the insurance carrier.

  • Cooperating with your attorney, like a personal injury or car accident lawyer Harrisonburg VA trusts, during this process and staying organized with your providers can help to minimize the time frame during the evaluation phase.
  • After your claim and supporting documents have been reviewed, the adjuster will contact you or your attorney to begin negotiations. Ideally, this phase can be completed in a matter of days or weeks unless either side introduces new information or the negotiations reach an impasse.
  • Once a dollar figure has been agreed upon, the settlement phase is usually simple and quick. Many insurers will issue a check to your attorney on the date of the settlement, and funds can then be disbursed expeditiously.

Following an auto accident that results in a serious injury, victims can feel overwhelmed. By retaining an attorney, many people find that they can rest more easily because someone is representing their best interests and is better suited to recover maximum damages on their behalf.

MartinWren P.C.Thanks to our friends and contributors from MartinWren, P.C. for their insight into personal injury and car accident cases.

How to Secure a Pain and Suffering Damage Award for the Future

If you have been injured in an accident caused by someone else’s negligence, you have the possibility of obtaining different types of compensation. In the aftermath of an accident, the only real way to obtain a sense of justice is to obtain appropriate and comprehensive compensation. This may include a pain and suffering damage award to cover present and future physical and emotional anguish.

Types of Losses in a Personal Injury Case

The primary category of compensation in a personal injury case is compensatory damages. Compensatory damages are broken down further into special damages and general damages:

  1. Special damages represent compensation for actual losses, or losses that can be more readily quantified. Examples of general damages include compensation for:
    1. Medical bills and expenses
    2. Property loss
    3. Lost wages
  2. General damages represent compensation for losses in a personal injury case that are less well defined or easily quantifiable. Examples of general damages include compensation for pain and suffering as well as mental anguish and emotional distress.

In addition to compensatory damages, some personal injury cases warrant the award of what are known as punitive damages in a lawsuit. Punitive damages are awarded in a personal injury lawsuit when a demonstration is made that the conduct of the party that caused an accident is deemed to be particularly egregious or reckless.

Compensation for Future Losses

In the aftermath of an accident, you are entitled to compensation for the injuries, damages, and losses that you have experienced to date. You are also entitled to compensation for losses that you reasonably can be expected to face in the future. This includes compensation for future pain and suffering.

The stark reality of an accident in which you sustained injuries is that you may endure chronic pain indefinitely. Indeed, you may experience extreme pain associated with your injuries for the remainder of your life. There are some strategies that need to be employed to ensure that you obtain appropriate compensation for future pain and suffering. An experienced personal injury lawyer can provide guidance in this way by explaining your legal options.

Skilled, Experienced Legal Representation

A crucial element of enhancing your chances to obtain compensation for future pain and suffering is to engage the services of a skilled, experienced, tenacious personal injury lawyer. Successfully obtaining appropriate compensation for future pain and suffering is not an easy task. The American Bar Association reports that time and again, injured people who end up with suitable compensation for future pain and suffering are individuals who hired an experienced personal injury attorney such as the Personal Injury Lawyer Loveland, CO locals trust.

Witnesses

Another important element when it comes to getting compensation for future pain and suffering is to have expert witnesses who support your version of events. For example, you are likely to need a qualified doctor who can testify about the nature of your injuries and the level of pain you can expect to face in the future. An experienced attorney is in the best position to connect you with a suitable, reputable expert witness to support your claim for compensation for future pain and suffering.

Consult with a Personal Injury Lawyer

The first step in retaining legal representation in a personal injury case is scheduling what is known as an initial consultation. During that meeting, a personal injury lawyer provides an evaluation of your case. This may include a dollar assessment for future pain and suffering.

Eric H. Luckman Board Certified Civil Trial LawyerYou will also have an opportunity to ask questions about your claim. As a matter of general practice, there is no fee charged for an initial consultation with a personal injury lawyer.

A personal thank you to our partners at Cannon Hadfield Stieben, LLC for their expertise into Personal Injury Law.

When It’s Time to File a Personal Injury Claim for a Back Injury | Eric Luckman Law

If you’ve been injured in some type of incident that injured your back, you know you’ll probably need to retain an attorney, like a skilled Milwaukee personal injury lawyer. But, how do you know you’ve chosen the right one? And, when is it the right time to retain a lawyer to file your personal injury claim? There are many lawyers out there so you need to narrow down your choices to those who have experience with your type of injury. Back injuries can be very serious and have long term effects. It’s important to retain a lawyer who has ample experience with similar claims.

The first thing you should do above everything else is to seek medical treatment for your injury. If you don’t, your injury could escalate into an even worse condition. Also, you’ll want documentation and proof that you sought treatment sooner rather than later. Otherwise, the defense could argue that you waited so long to seek medical treatment because you were not really injured.

File Immediately if You’re Out of Work

If you were injured badly enough to keep you from working, it’s best if you start the insurance claim process as soon as possible. A personal injury claim is not something that is completed quickly, and if you’re looking for compensation as a way to replace your income, filing as soon as possible means receiving compensation sooner.

Also, insurance companies will offer you a fast cash settlement, even before you file a claim. This is something that you may find enticing at first, but understand that most likely, the money that is offered to you will not be enough to compensate you for the full value of your injury.

For example, you may need extensive treatment in the future, but that is something that won’t be known right away. If you settle too soon, you will not have the ability to go back and refile a claim later one. Once you agree to a settlement, you will have to sign an agreement that says you’re releasing the liable party and his insurance company from further claims. As soon as you are approached by the negligent party’s insurance carrier and offered a settlement, you should retain a personal injury attorney.

Selecting the Right Attorney

You should interview a few different attorneys before you decide on the one that’s right for you. Be prepared to ask the prospective attorney a few different questions, including the following:

  • How much experience does the attorney have the type of injuries and claim that you’re looking for?
  • What is the law firm’s payment policy? Do they require payment of disbursements up front? Most reputable firms won’t collect legal fees until your case is final and you’ve received an award. However, some reputable attorneys do require some disbursement payments up front.
  • Who in the office will handle the majority of your case? Does the attorney receive referrals from other attorneys?

So, the bottom line is that this is a lengthy process that could take months to resolve. Finding an experienced attorney alone is a difficult process, so it’s best to start looking as soon as you’ve received a medical assessment of your injury. From there, your attorney will review your medical records and the evidence and advise you on how to move forward.

hickey turimThanks to our friends and contributors from Hickey & Turim S.C. for their insight into when to file a personal injury claim for a back injury.

Alternative Medicine Doctor Who Specialize in Pain Relief

Alternative Medicine and Chronic Pain Relief

Chronic pain treatment is one of the fastest growing areas in the field of pain management. The Centers for Disease Control has reported that more Americans than ever before are seeking treatment for this often debilitating condition.

All too often, people who have been involved in car accidents often experience injuries that can result in long term and chronic pain. Common conditions experienced from an automobile accident include:

  • Whiplash, resulting in neck pain and swelling
  • Blunt force trauma to chest area
  • Broken ribs
  • Vocal cord damage
  • Back pain
  • Headaches
  • Post-traumatic stress disorder
  • Abdominal injuries and pain
  • Fibromyalgia

If you or someone you love has experienced a car crash, you may need to contact a personal injury attorney who can help you collect compensation for your pain, suffering, and the payment of medical bills. As the victim of a car wreck, you don’t deserve to live with chronic pain. Seeking counsel from some of the best accidental injury attorneys in your area may be instrumental in receiving the care you need.

Considering the Benefits of Alternative Medicine for Chronic Pain Management

Chronic pain is an invisible affliction, which can leave those who suffer from it feeling isolated, depressed, and frightened. When common over-the-counter pain relievers such as acetaminophen or ibuprofen don’t provide enough relief, most people end up at the doctor’s office. Common traditional medications for pain include:

  • Anti-inflammatory pills
  • Opioid pain medication
  • Antidepressants
  • Muscle relaxants

However, all of these prescription drugs can cause side effects as well as be costly and don’t address the primary underlying causes of chronic pain. An alternative medicine doctor who specializes in pain relief may utilize many different therapies to address the cause of your injuries, help to harmonize your state of mind, and reinforce your body’s innate healing capabilities.

While more research is still needed to definitively establish the success rates of alternative treatments for pain, countless people have reported improvement from nontraditional forms of therapy. Additionally, many medical doctors recommend that their pain patients seek complementary alternative therapies in addition to their standard, traditional medical care.

Types of Alternative Pain Therapy

The types of injuries that are sustained in a car crash can be complex and life-altering. You may need to seek additional treatment from a professional such as the chiropractor Rockville, MD locals trust.

An alternative pain therapy doctor often utilizes many methods to help reduce discomfort and aid in healing. Some common treatments in the field of complementary medicine can include:

  • Mind-body treatments such as meditation, biofeedback, hypnosis, and relaxation techniques
  • Acupuncture
  • Chiropractic treatment
  • Massage
  • Dietary management
  • Herbal supplements

You may discover that more than one alternative chronic pain treatment provides maximum relief and could be helpful in restoring your functionality. Many people who choose to supplement their medical care with alternative therapies often report the following benefits

  • Overall reduction in pain severity
  • Better stress and anxiety management abilities
  • Increased feelings of well-being

Always consult with your medical doctor before undergoing any new treatments, or before starting or stopping a medication or dietary supplement. Working with an experienced personal injury attorney may be the best way to ensure your access to alternative pain therapy.

Pain & Arthritis Relief CenterA special thank you to our authors at Advanced Wellness for providing their expertise in Pain relief and overall body Wellness.

What’s the deadline for filing a lawsuit? | Eric H. Luckman Law

If you want to file a lawsuit, understand that there is a statute of limitations. The court only gives you so much time to sue a person or entity. After the deadline has passed, you lose your right to pursue compensation.

Each state found in the United States has different statute of limitations laws. Some states may allow individuals one year to file a lawsuit while others may allow three years.

There are also certain deadlines that are established for different types of cases, such as:

  • Personal injury
  • Wrongful death
  • Breach of contract

What Triggers the Statute of Limitations?

The statute of limitations commences from the exact date the wrong or civil injury occurs. For instance, when a person suffers an injury as a side effect from a car accident, the statute of limitations commences from the exact date of the accident or collision that is being questioned.

However, there is a statute of limitations exception has to do with a specific situation where the initial suing party was not aware they had sustained an injury. For instance, say a mistake was made by a surgeon during a surgery. Often, a patient would not be aware of the issue or mistake that was made immediately. Once the person becomes aware of the issue at hand, that is when the statute of limitations commences.

A caveat does exist to this exception. If it is determine that a person should reasonably have known of an injury by a specific date, that is the date the statute of limitations exists. Even if the person is lacking knowledge of the issue or injury, this would still be the case.

Retaining Legal Counsel

The variety of governing laws associated with the statute of limitations, along with the lawsuit filing timeframe, underscores the necessity of retaining experienced, capable legal help. By ensuring you take a proactive position in seeking and hiring an attorney, like a personal injury lawyer Brooklyn NY can trust, you are automatically placing yourself in a great position to make sure that your case is filed in court and abides by legally mandated timelines.

If you would like to pursue a lawsuit, the first step is reaching out to meet with legal counsel and scheduling your initial consult appointment. In most cases, a personal injury lawyer will not charge a fee for your initial consultation when discussing a potential case. Because of this, you should look into seeking legal representation as soon as possible to ensure you are minimizing your risk of filing the lawsuit after the statute of limitations has already expired.

Laurence C Tarowsky Attorney at LawThanks to our friends and contributors from The Law Offices of Laurence C. Tarowsky for their insight into filing a lawsuit.

Three Options to Avoid Probate | West Palm Beach Attorney

Death can be an awkward topic of conversation and preparing for one’s death can be difficult. A major part of the preparation involves estate planning which protects the assets of the owner of the estate. This planning helps your loved ones avoid the probate process.

What Is The Probate Process?

Probate is the legal process that facilitates the distribution of assets to family and heirs. Your will lists who receives which of your items, for example, you may leave your grandfather’s gold watch to you eldest son. In that case, probate is a necessary process. However, you can eliminate probate altogether in a few different ways:

Option 1: Creating a Living Trust

A living trust is an alternative to a will and can be considered if you want to still appoint assets to certain individuals. When you create a living trust, assets are placed in a trust overseen by a chosen trustee. The trustee then gives the assets to the designated heirs after your passing.

Option #2: Joint Tenancy with Rights of Survivorship

You could hold your property and assets jointly with another person. You don’t have to be married to do this! When you have joint tenancy, property is automatically transferred to the joint owner after you pass away. However, some forms of joint tenancy do not automatically transfer your interest to the other owner. Make sure you discuss a joint tenancy with your estate planning lawyer because if you take the wrong type of ownership, then your assets may still be probated in order for a transfer of ownership to take place. Consulting with an experienced attorney such as the such as the Estate Planning Attorney Scottsdale AZ locals have been trusting for years is highly advised.

Name Beneficiaries

If you do this, your assets like life insurance policies and bank accounts are payable on death to designated beneficiaries. It is very simple although many people fail to do so. Accounts you can set this up for also include IRA accounts, 401K retirement plans, pensions and stocks and bonds. To name beneficiaries, you’ll have to request a payable on death form from your bank and/or brokerage company. If you don’t do this, your assets must be probated.

Consulting an experienced estate planning attorney is the best way to avoid probate and they can guide you on the various options you have to avoid probate.

Arizona Estate Planning AttorneyA special thanks to our authors at Arizona Estate Planning for their insight into Estate and Probate Law.

5 Preventable Causes of Motorcycle Accidents | Luckman Law

 

It’s no secret that motorcyclists are at a higher risk of accident and injury out on the road. According to the U.S. National Highway Traffic Safety Administration, motorcycles are 35 times more likely to be involved in a fatal crash than automobiles. Motorcyclists may choose to ride for a variety of different reasons, but there are some standard practices across all types of riders and all types of bikes that can be used to avoid an accident.

As a rider, avoiding the following common causes of motorcycle accidents can help keep you and others safe on the road:

  1. Lack of Education

Get educated, stay educated. Driving a motorcycle is not the same as driving a car. Take a motorcycle course and get a license. Learn how to safely ride your bike and how to safely navigate the roads. Even if you are an experienced rider, a refresher course can help alert you to new and upcoming trends on the roads (like texting motorists and self-driving cars).

  1. Lack of Regular Motorcycle Maintenance

Just like an automobile owner, all motorcyclists are responsible for the maintenance of their bike. No motorist wants to share the road with another vehicle that may unexpectedly stop working in some capacity. At a bare minimum, remember to regularly:

  • Check and replace brakes
  • Change and rotate tires
  • Change the oil
  1. Driving Erratically

This might seem like a no brainer, but in motorcycle culture there can exist an attitude of invisibility. This can cause riders to

  • Speed
  • Zig zag in and out of traffic
  • Take corners sharp and fast
  • Drive on surfaces not designated as a road

Not only does this sort of behavior endanger the rider, it also endangers other motorist and pedestrians. Be responsible.

  1. Lack of Awareness

Cars are often reminded to look out for motorcycles, but motorcycles need to be just as attentive of cars. Be aware of a car’s blinds spots, and don’t hang out in them. Watch a car’s wheels, they’ll indicate the direction the car is about to move before it does, giving you a few seconds more of reaction time. Drive with your hands over the brakes, so you’ll be ready in a split second should a distraction or accident occur.

  1. Lack of Proper Gear

The more a motorcyclist can do to make sure they are seen, the safer they are on the road. Always wear the proper clothing when riding a motorcycle. Proper clothing includes the following:

  • Long pants (made of a thick, protective material)
  • Long Sleeves (made of a thick, protective material)
  • Closed-toe and durable shoes
  • Gloves
  • Eye protection,
  • and most importantly, a Department of Transportation approved helmet.

Reminder: the brighter and more reflective your gear, the better!

If you’ve been injured in a motorcycle accident, an experienced attorney such as the Bicycle Accident lawyer Phoenix, AZ locals trust can help determine if you are entitled to compensation for your injuries.

Kamper Estrada LLP A special thanks to authors at  Kamper Estrada, LLP  for their insight into  personal injury law.

What to do after a hit and run

Apartment buildings offer homes to millions of people across the country. These buildings often offer great amenities, and remove much of the responsibility of owning a home from the tenants lives. One of the best features that comes with an apartment building is increased security. Many apartment buildings are controlled access, which limit who can enter the building. Even if the apartment building isn’t controlled access, there is a legal responsibility of the apartment complex to provide a reasonable amount of security to their tenants. If you have been the victim of a crime within your apartment complex and have suffered injuries or damages, you may be able to seek compensation due to negligent security.

Negligent security is a type of premises liability. Premises liability is a legal doctrine that holds property owners responsible for the safety of visitors and residents of their property. You may have heard it applied to tripping or slipping hazards. The principal is the same for negligent security, the property owner is to take reasonable efforts to stop a foreseeable crime from occurring. These efforts usually involve having a functioning security system, locks on the doors, limiting who has keys, and informing residents to crimes in the surrounding area.

Foreseeability of the crime is an incredibly important part of negligent security claims. Just because a crime occurred does not mean that you have a valid negligent security claim. Rather, the crime must have been preventable if the apartment building had taken reasonable actions. That being said, your case can claim the complex did not take reasonable action if the security gate is not working, or lights are out in the hallway and complaints have been made to the building manager. These are simple matters to resolve that could easily stop a criminal from being able to bring harm to the tenants of the complex. Remember also that you personally must have suffered injuries or damages to your property during the crime in order to file an effective negligent security claim.

If you believe you have a solid negligent security claim, you should contact a skilled lawyer, like premises liability attorney Dekalb County GA, in your city. An attorney will have the understanding and experience to analyze the factors of your case and determine what legal path would be best for you. Your attorney will help you to hold the apartment complex responsible for not meeting their obligation to provide adequate security, and ensure you receive the compensation that you deserve.

Andrew R. Lynch, P.C.Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into negligent security in apartment buildings

Traumatic Brain Injury Cases

Resulting from a bump, blow, or jolt to the head, a traumatic brain injury (TBI) disrupts the normal function of the brain. While most traumatic brain injuries are mild, others are life-changing and can lead to vision and hearing problems, impaired thinking, depression and other serious side effects.  Falls, being hit by or against an object and automobile crashes are the most common causes of traumatic brain injuries.

If you have suffered a head injury, it is very important to closely monitor your symptoms, write them down in a journal and tell your doctor about any unusual behaviors as soon as possible. No matter how minor your symptoms might seem,  do not ignore them. If you do not treat a head injury right away, it is more likely to cause problems with motor function, cognitive function, sensation and emotion. In fact, almost half of people who have been hospitalized for a TBI experience a related disability one year after the injury.

If another person or entity caused your TBI, you might be able to bring a lawsuit and recover damages. Your injury may have resulted in permanent damage and you deserve to be compensated for that. This injury might have affected your relationships with family and friends, your ability to do household tasks, work a job and do many other activities.

If you have suffered a head injury and would like to file a lawsuit, you may want to consult with an experienced personal injury lawyer Fort Collins, CO relies on. He or she can improve your chances of winning fair compensation and protect your rights. During your first consultation with a personal injury lawyer, don’t forget to bring any documents relating to your case, such as medical records and witness statements. Your lawyer may look at these documents to determine if you have a strong case or not.

If you have any questions at any time during the consultation, do not be afraid to voice them. For instance, you might wonder how many traumatic brain injury lawsuits a personal injury lawyer has handled in the past or where he or she attended law school. These types of questions can help you learn more about a lawyer’s skills and experience.

Many personal injury lawyers work on a contingency basis, so you do not have to worry about owing any money upfront. They will only take money if you win your case.

 Cannon Hadfield Stienben, LLC Thanks to our friends and contributors from Cannon Hadfield Stienben, LLC for their insight into personal injury and traumatic brain injury cases.

Allergic Reaction to Sunscreen – Do I Have a Personal Injury Case?

Wearing sunscreen, even if it’s not the best sunscreen out there, is one of the best ways to protect yourself from the sun. However, there have been cases where people have suffered allergic reactions from sunscreen. If you experienced an allergic reaction from sunscreen, you may wonder if you have the right to pursue a personal injury lawsuit against the manufacturer.

The Basis for Liability in a Personal Injury Case

Experiencing an allergic reaction from a sunscreen can qualify as a products liability case, a type of personal injury claim. Let’s take a look at the four elements that must be in place to file a personal injury claim:

  • Duty of Care: The manufacturer of the sunscreen product has a duty of care to make sure the product is safe for the public to use and reveal any possible negative consequences that can result from using the sunscreen.
  • Breach of the Duty of Care: If the sunscreen manufacturer knew that the product could cause an allergic reaction and didn’t disclose that, it could be considered a breach of the duty of care.
  • Proximate Cause of the Accident: The breach of the duty of care has to be the legal and factual cause of your allergic reactions.
  • Suffer Actual Injuries, Damages or Losses: The last step is showing that you had an adverse reaction to the sunscreen product.

Who is Responsible for Your Injuries

The manufacturer of the sunscreen product is most likely legally responsible for your injuries. The store you bought the product from may also be considered responsible.

Compensation in a Sunscreen Personal Injury Lawsuit

The amount of compensation you may receive in your sunscreen personal injury lawsuit can depend on several different factors, such as your medical bills, pain and suffering, mental anguish and emotional distress and lost wages. A skilled personal injury law can evaluate all the factors in your case and estimate the amount you may receive in damages.

Hire a Lawyer in a Sunscreen Personal Injury Case

If you wish to pursue a personal injury claim involving an allergic reaction to sunscreen, it may be in your best interest to hire an experienced personal injury lawyer. He or she can protect your rights and improve your chances of receiving the compensation you deserve. The majority of personal injury lawyers offer free initial consultations, so you do not have anything to lose by speaking to one.


Thanks to our our friends and contributors from Bu Screen for their insight into sunscreen allergens.