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Category: vehicle accidents

Damages An Insurer Must Pay in Accident Cases

In car accident cases, insurers are responsible for covering a wide assortment of damages for which their client is liable. When a person is injured due to neglect, those damages can add up quickly. Among the list of damages insurers are often responsible for are: medical care and related treatment expenses; lost income resulting from the accident or time spent recuperating; any permanent physical disability or disfigurement; loss of social, consortium, missed school, training, vacation and special events; emotional damages (stress, depression, strains on relationships); and damage to property.

As you can see, many of these kinds of damages can mount to a significant award. But insurers are often compelled to limit those damages. Despite the requirement to cover the array of damages for which their client is responsible, insurers take great pains to pay as little as possible. That’s all the more reason it’s important to be represented by a practiced personal injury attorney who can negotiate on your behalf.

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Negligence and Personal Injury

In most personal injury cases, the plaintiff must demonstrate negligence in order to recover damages.

"Negligence" is a legal term that simply means an individual behaved in a careless or thoughtless way, which can open them up to liability should that negligence give way to harm or damage. Negligence may be shown in either the action or inaction of others. For instance, a driver may speed recklessly through a school zone or a driver may fail to yield to a child in the same school zone while driving at a reasonable rate of speed. In both cases the driver is likely guilty of negligence.

The fact is drivers have a duty to act in a responsible manner when behind the wheel of a car. This duty or responsibility is sometimes called a "duty of reasonable care." Of course, all drivers have a responsibility to observe to rules of the road in their state or local municipality, but they also have a distinct responsibility to maintain safe driving practices should road conditions change to warrant it.

For example, if a highway's speed limit is published at 35 mph, yet weather conditions at the time of an accident included heavy rain and sleet providing slippery surfaces and low visibility. The responsibility of the driver should have been to proceed more slowly and approach road conditions more carefully. Failure to do that would expose the driver and his/her insurer to liability should an accident result and injury or damages occur.

If, in fact, both drivers act irresponsibly then the fault for resulting injuries may be shared by both drivers. The applicable theory of legal liability then becomes comparative negligence. Proving negligence is, not the only basis, however, for a personal injury claim. Claimants must also prove not only that the other party was indeed negligent but also that they themselves suffered injuries and/or damage.

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4 Mistakes That Hurt Personal Injury Car Accident Claims

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Car accidents are an everyday occurrence and it never fails that victims of car accidents stop short of receiving the compensation they deserve to cover the costs of injuries, repairs and other losses incurred as a result of another driver’s negligence.

One of the reasons for these mistakes is that the victim often makes critical mistakes when pursuing/considering a personal injury claim. These 5 mistakes can mean the difference between receiving the compensation one deserves and being left to cover growing medical costs when an auto injury claim goes south.

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Pedestrian Involved Automobile Accidents

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Statistics show that more than 60,000 pedestrians are involved in vehicle accidents each year. And when a vehicle strikes a pedestrian at 30 miles or more per hour, serious injury is more likely to occur. Even pedestrians struck at 10 miles per hour can suffer significant injuries. As such, it’s very important to understand how to proceed when you have been a pedestrian hit by a moving vehicle.

The very first thing any pedestrian should do when involved in an automobile accident is seek immediate medical care (i.e. call an ambulance). Soft tissue injuries, trauma to the brain, and other serious consequences don't always reveal themselves immediately and time is of the essence when treating your injuries and preventing these types of conditions from worsening. Many individuals have felt no real pain or discomfort immediately following an accident and refused treatment only to encounter debilitating pain and very serious injuries manifesting days or weeks following the incident.

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Why It’s So Important to Always Seek Medical Attention After a Car Accident

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Have you ever played a rigorous game of football or tennis or soccer and felt fine throughout the whole game, only to feel excessive pain and stiffness the next day or even later? Oftentimes during competitive sports, your body is in an excited state and as such, it releases adrenaline and endorphins into your system that prevent you from feeling pain or even injury in some cases.

But once the excitement dies down, so does the release of these chemicals and the aches and pains come on with a vengeance. During a car accident, your body is often in a similarly excited state, releasing adrenaline and endorphins that can mask the pain of injury, so much so that you might feel you suffered no injury at all during the accident itself and might not even seek medical attention.

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