Serious Personal Injury Lawyer: Building a Successful Injury Claim

Posted on 4/22/13 by Pat Maloney

If you’ve been seriously injured, you have the right to compensation. Unfortunately, personal injury claims can be highly complicated and, often, difficult to win. For the highest likelihood of success, it’s always best to consult a serious personal injury lawyer before proceeding with your case. A serious personal injury lawyer will start from the beginning, pulling all the necessary pieces together to ensure you have the most successful case possible.

They will:

Evaluate your case’s worth.

First, a serious personal injury lawyer will look at your case and evaluate its overall worth. They’ll look at the medical bills you’ve incurred, the pain you’ve had to endure, and the quality of your life since the injury. In the end, they’ll put together an estimate of what they expect your case to garner.

File necessary paperwork.

Personal injury claims require a large amount of paperwork. From filing court documents to issuing preservation letters, a serious personal injury lawyer can help with it all. They’ll make sure everything is completed, filed, and submitted on time in order to make your case successful.

Gather evidence.

One of the best ways a serious personal injury lawyer can help your case is through gathering evidence. They can obtain security camera footage, medical records, police reports, and anything else necessary to show the at-fault party is liable and responsible for your injuries.

Line up witness testimony.

A lawyer can also help you set up witness testimony. They may contact witnesses from the scene of the accident, using their testimony to support your case. They also may consider expert witnesses, who can attest to details surrounding your accident, your injuries, and other factors in your case.

Prepare you for statements.

After you’ve been seriously injured, you’ll likely be contacted by the at-fault party’s insurance provider, asking for a recorded statement regarding the incident. Many times, insurance companies will use these statements to prove victims contributed in some way to their own accident or injuries, thus entitling them to a lower settlement. A serious personal injury lawyer will help you prepare a statement that gives a truthful account of your accident, while not jeopardizing your case or the compensation you are due.

Negotiate on your behalf.

Many times, insurance companies will offer victims much less than they are due, in hopes they will settle quickly. A lawyer can help ensure you don’t settle unless the number’s right. They’re review any settlement offers you receive and make sure they’re an adequate amount to cover your medical bills, pain, suffering, and other expenses you’ve incurred. If they’re not up to par, they’ll negotiate on your behalf, in an effort to get you the compensation you deserve.

Represent you in court.

In the end, if you’re not getting the settlement offer you need to handle your injuries and related bills, your lawyer can help you file a legal claim against the at-fault party. Through this, you may even be able to seek funds for punitive damages, if the defendant’s behavior was particularly reckless or negligent.

Distribute your settlement.

Finally, once all is said and done, your lawyer can assist in distributing and managing your settlement funds. They’ll ensure anyone owed a debt associated with your injury gets paid (such as your doctors, repair shop, etc.), and they’ll also take out any attorney’s fees you initially agreed upon. Then, you’ll get your chunk of the settlement and your case will be closed.

Want to learn more about how a serious personal injury lawyer can help ensure your claim is the most successful it can be? Then call the Law Offices of Pat Maloney today at 210-226-8888.

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What is a Third Party Insurance Claim?

Posted on 5/2/13 by Pat Maloney

There are two distinct types of claims when you get in a car or truck accident: a first party insurance claim and a third party insurance claim. A first party insurance claim is filed with your own insurance carrier, either because the accident was your fault or the other driver had no insurance. It’s also used in cases of theft, vandalism, and other incidents when the at-fault party is not present. A third party insurance claim, on the other hand, is filed with the other driver’s insurance carrier. This type of claim is necessary when the wreck is the other driver’s fault, either in whole or in part.

Through a third party insurance claim, you can seek recompense for damages to your car, as well as medical bills for any injuries you’ve suffered. In the event your car is totaled, the claim will usually award you an Actual Cash Value, so you can replace your vehicle. They may also pay fees for any rental cars you must use in the meantime.

There is no guarantee you will be paid in full for all of your injuries and damages, however. The amount you will receive depends on the exact specifics of your case and how much of a role you are determined to have played in the wreck. If the other driver’s insurance can show that you shared some of the blame in causing the accident to happen, you will only receive a portion of the funds you are seeking.

Ultimately, the insurance company will make you a settlement offer after evaluating your case and the accident. In order to determine if you are being offered a fair amount for your injuries and damages, it’s always best to consult an attorney before accepting a settlement or signing any paperwork. An attorney can ensure you’re being treated and compensated fairly.

Need help with your third party insurance claim? Call the Law Offices of Pat Maloney today at at 210-226-8888 to get started.

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Car Accidents: Third Party Insurance vs. First Party Claims

Posted on 4/16/13 by Pat Maloney

When you’ve been in a car accident, you’ll likely need to file a claim with either your insurance company or the other party’s in order to recoup costs for your car repairs, medical bills, and other expenses incurred. These are called first party and third party insurance claims.

However, how do you know which type of claim you should file for your wreck? What can you expect with each type? Learn more about filing a car accident claim below.

Third Party Insurance Claims

A third party insurance claim is one filed with the insurance company of another driver involved. If the accident was the fault of another driver, even only partially, you will need to file this type of claim. Through a third party claim, the other driver’s insurance will cover the costs of your car repairs and damages or, in the event your car is totaled, provide you with the actual cash value of the vehicle.

If you were injured, the insurance company will likely offer you a settlement amount to cover your medical costs. It’s best you discuss any settlement offers with a qualified attorney before accepting.

First Party Insurance Claims

A first party insurance claim is one filed with your personal insurance company. If you’re involved in any accident, even if it’s not your fault, you may file this type of claim. If the accident is your fault, your insurance will help cover your costs, as well as costs the other driver may have suffered during the course of the wreck. If the other driver was at fault and their insurance doesn’t pay all of your repair or medical bills, your first party claim may help you cover them.

Additionally, if your car was stolen, vandalized, or otherwise harmed, you would also file a first party claim, and your personal insurance company would compensate you for the damages and repairs per your policy agreement.

Were you recently in an accident? Discover whether you should file a first party or third party insurance claim by calling the Law Offices of Pat Maloney at 210-226-8888 today.

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