Being assaulted is a nightmarish experience to endure. If you have been injured in a robbery or any other type of attack, you may be left with significant mental trauma and expensive medical bills. One way you may be able to receive compensation for these and other damages caused by the assault is through a premises liability lawsuit. If inadequate security was to blame for the assault, you may bring a civil claim against the property owner in addition to any civil claim or criminal charges you press against the attacker

Examples of Negligent Security

Property owners and managers have a legal obligation to keep properties reasonably safe for individuals who are invited onto the property. A property owner cannot guarantee the safety of everyone who enters his or her property, but the owner must appropriately address foreseeable risks. When a property owner does not fulfil this obligation and a visitor to the property is injured as a result, the owner may be liable for the damages caused by the injury. Examples of negligent security may include:

• A hotel owner fails to fix a broken lock on a room door
• A parking garage owner does not replace burnt out lightbulbs even though several patrons have been robbed in the garage at night
• The owner of a mall in a high crime area fails to hire enough security guards to adequately patrol the parking lot
• A landlord knows that a tenant is selling drugs out of his apartment but does nothing to stop it

Pursuing Compensation for Inadequate Security

Premises liability lawsuits may be brought against the owner or manager of a store, restaurant, bar, mall, hotel, apartment complex, parking garage, resort or other property. Victims of a shooting, assault, battery, rape, sexual assault, or other injury-causing attack may bring an injury claim against a property owner. If negligent security contributed to a fatal attack, the surviving family of the deceased person may bring a wrongful death lawsuit. The victim or victim’s family may be compensated for medical bills, lost income due to missed work, pain and suffering, mental anguish, and more.

A traumatic brain injury is often the result of a violent blow to the head which causes the brain to strike the inside of the skull or an object penetrating the brain tissue. Traumatic brain injuries vary dramatically in their severity. Some people experience a mild traumatic brain injury (TBI) and do not even realize it. Other people experience debilitating symptoms for months or even years after suffering a TBI. If you or a loved one have experienced a brain injury in an accident caused by negligence, you may be eligible for compensation.

How Do Brain Injuries Happen?

There are almost infinite ways that a person can sustain a brain injury. Slip and fall injuries can be caused by a number of hazardous conditions. A person may suffer a concussion after slipping on an icy walkway and striking his or her head on the concrete. A faulty handrail could become dislodged and cause an individual to fall down the stairs and suffer a major brain contusion. A serious slip and fall accident could even be caused by something as simple as spilled motor oil in a retail store aisle. Property owners have a legal obligation to keep premises free of environmental hazards that present a risk of injury. If your injury was due to an unsafe condition on someone else’s property, you may have a valid injury claim.

Brain injuries can also be the result of a car accident caused a distracted driver or a driver under the influence of drugs or alcohol. Drivers have a duty to drive in a safe and responsible manner. If a driver causes an accident through negligence, he or she may be legally responsible for the damages caused by that accident.

When medical symptoms interfere with our ability to go about our lives normally, we go to the doctor to receive a diagnosis and treatment. Although no one expects doctors to instantly know exactly what is wrong, we generally trust that when we receive a diagnosis, it is the correct diagnosis. Unfortunately, misdiagnosis is common. According to one study, a shocking 12 million adults are misdiagnosed every year in the United States. Being misdiagnosed can cause a person to suffer through unneeded or even harmful medical procedures and medication regimens all while missing out on the treatment that is actually needed. If you have received an inaccurate diagnosis from a doctor, you may have a valid medical malpractice claim.

Commonly Misdiagnosed Medical Concerns

It is estimated that one out of every 20 patients who receive a medical diagnosis at a hospital, outpatient clinic, or doctor’s office receives an inaccurate diagnosis. Research shows that about one half of these misdiagnoses have the potential to cause severe harm to the patient. Some of the most commonly misdiagnosed medical conditions include:

• Cancer including breast cancer, lymphoma, sarcomas and melanoma
• Heart attack
• Stroke
• Pulmonary embolism
• Thyroid disease
• Depression
• Celiac Disease

Consequences of a Misdiagnosis

One of the most serious concerns when a patient receives a misdiagnosis is that he or she will be subject to unnecessary medical treatments. Some medical treatments, such as radiation and chemotherapy, are extremely hard on the body. Certain medications can also have an extremely adverse effect on the body if the person receiving the medication does not actually have the condition the medication is designed to treat. In addition to receiving superfluous treatments, a misdiagnosed person may not receive the treatment he or she actually needs which can cause the condition to worsen. The medical bills associated with these unneeded treatments can cost upwards of tens of thousands of dollars.

Deciding to place a disabled or elderly loved one in a nursing home can be an extremely difficult decision to make. On one hand, you want your loved one to be able to maintain as much independence as possible, but on the other hand, you want to ensure that he or she is safe. When the loved one can no longer complete daily living tasks and look out or his or her own wellbeing, a nursing home may be your only option. While many nursing home staff are hard-working, compassionate caretakers, instances of nursing home neglect and abuse do happen. One indicator that a nursing home resident is not being adequately cared for is reoccurring bedsores.

Causes of Bed Sores

Bed sores, also called pressure ulcers or decubitus ulcers, are wounds caused by long periods of pressure on body parts. The symptoms of bed sores start out mild and then become increasingly noticeable. The skin will first appear discolored or take on a “waxy” appearance or firm texture. If the pressure to the body part is not relieved, the skin can become much more damaged and develop into a painful open wound. Bed sores that are not treated are prone to serious infection. Pressure ulcers are most likely to occur the buttocks, back, hips, and ankles. Bed sores are especially common in individuals who have decreased mobility. Spending long periods of time laying down in bed or sitting in a wheelchair can cause bed sores to develop. For this reason, nursing home staff are trained to help residents with limited mobility periodically move around or change positions.  

Negligence Can Lead to Worsening Bed Sores

Nursing home staff should be fully aware of the dangers that bed sores present to residents. They should help prevent bed sores by keeping the resident clean and dry and frequently repositioning him or her. If a bed sore starts to develop, nursing home staff should adequately treat the sore so that it does not worsen. This can include more frequent repositioning, medications, and wound care. When nursing home workers do not take these steps, the resident can be in danger of developing a potentially life-threatening infection. If you have a loved one in a nursing home and he or she is frequently developing bed sores, this could be a sign that he or she is not receiving adequate care from nursing home staff.

Getting surgery is already foreboding enough. The thought that a surgeon or other medical professional could make a dangerous or even deadly mistake during surgery is especially frightening. Unfortunately, surgical mistakes do happen. When a person is injured because a negligent surgeon or other medical staff member makes an avoidable mistake, the injured person may be left with devastating and often painful consequences. Some surgical errors result in the death of the patient. When medical malpractice results in a patients’ death, the surviving family of the deceased person may choose to bring a wrongful death lawsuit against the practitioner or facility.

Surgical Mistakes Happen at Alarming Frequency

Studies have shown that outrageous surgical mistakes are made at very disturbingly high rates. One study showed that in an average week in the United States, surgeons:

• Perform the wrong surgical procedure on a patient 20 times.
• Leave an object such as a towel, surgical sponge, or medical tool inside of a patient’s body 39 times.
• Operate on the wrong part of the body 20 times.

On average, over 4,000 preventable errors happen during surgery every year in the U.S. These mistakes result in more than one billion dollars in medical malpractice payouts to the injured patients or families of deceased patients. Other common surgical errors which can be detrimental to a patient’s health include incorrect operating plans or techniques, anesthesia errors, post-surgical infections, and c-section mistakes that lead to birth injuries. A victim of a major surgical error could be left with loss of the use of his or her limbs, brain damage, serious infections, and severe pain and suffering.

Most personal injury lawsuits are brought against an individual whose negligent or intentional wrongdoing caused another person injury or death. For example, if a driver who is too busy texting and driving to watch the road causes an accident, a person injured in the accident may sue the driver. Many personal injury lawsuits involve drunk drivers. An individual who is driving under the influence of alcohol and gets in a car crash may be held liable for damages caused by the accident.  However, you may be surprised to learn that a personal injury claim can also be brought against a vendor who sold alcohol to an individual who causes you injury. These claims are called “dram shop liability” claims.

Illinois Law Regarding Dram Shop Liability

Illinois statute allows a person injured by someone under the influence of alcohol to bring a claim against the vendor who supplied the intoxicated person alcohol. The claim may be in response to personal injury, wrongful death, or property damage. 

Consider the following example: A man visits a bar where he consumes several alcoholic drinks. His blood alcohol is over the legal limit but he decides to drive home anyway. On the way home, he crashes into another vehicle causing the other driver to suffer several major injuries as well as substantial vehicle damage. The driver injured in the crash may sue the drunk driver himself or the bar that supplied the man with alcohol. A bar, restaurant, or other establishment that serves alcohol does not have to continue to serve a patron past the point of intoxication in order to be potentially liable under Illinois dram shop liability laws. For a dram shop claim to be successful, the following conditions must be present:

Injuries to the spine and brain can be some of the most catastrophic injuries a person can endure. Because the brain and spinal cord are responsible for the transmission of nerves, the body’s movement, and basic functions like talking and walking, damage to these essential organs can dramatically decrease a person’s ability to live life the way they did before the injury.

If you or a loved one have suffered a serious spinal cord or brain injury and the injury was caused by medical malpractice, a negligent property owner, or another form of negligence party, a personal injury claim may help you recover compensation. While no amount of money can make up for an injury that affects the rest of your life, proceeds from a personal injury lawsuit can help you manage the vast expenses caused by a major injury and hold the negligent party responsible for its wrongdoing.

When Is a Successful Personal Injury Lawsuit Possible?

There are practically countless scenarios that can lead to a personal injury claim. Whenever another party’s negligence leads to your injury and damages result, a personal injury claim may be appropriate. A party is considered negligent when the following criteria are met:

It is hard to believe that anyone could be so cruel as to abuse a sick or elderly person in a nursing home, but it does happen. Research shows that about one out of every ten U.S. adults over age 60 have experienced elder abuse. Nursing home abuse, as well as nursing home neglect, is tragically common in the United States. Many nursing home residents suffer from mental and physical illnesses that make it difficult to express when they are being mistreated or abused. Some residents may even keep abuse a secret because they are afraid that they will be retaliated against for reporting the abuse. If you have a loved one in a nursing home or other long-term care facility, be vigilant for signs that they are being abused.

Physical Signs of Abuse

Sometimes, telling the difference between an injury caused by accident and an injury caused by a nursing home staff member can be difficult. Signs of physical abuse can include bruises, cuts, scrapes, pressure marks, broken bones, dislocations, burns, and more. When nursing home staff cannot explain why a resident has an injury such as these, this is a red flag that something is not right.

Tragically, nursing home residents can also suffer from sexual abuse. An individual who has been sexually abused by have problems walking or sitting, develop a sexually transmitted infection, have bruising on the genitals or thighs, urinary tract infections, and pain. Recently, a horrific incidence of nursing home sexual abuse made headlines after a woman in a vegetative state gave birth to a child.  A nurse working at the facility has been arrested and charged with sexually assaulting the woman and causing her to become pregnant.

When you have been injured in a car accident, a slip and fall, or any other type of incident for which another was even partially responsible, it is easy to believe that insurance companies and other parties will do the right thing. Of course, the “right thing,” from your perspective, probably looks vastly different than from theirs. You deserve to be made whole and to have whatever expenses or losses you may have incurred as a result of your injuries fully reimbursed. Depending on the nature of your case, you may also be entitled to compensation for non-monetary considerations such as pain and suffering. Unfortunately, the other party, even it is your own insurance company, may not be quite so keen on paying you what you deserve. That is why it is important to have an experienced personal injury attorney on your side.

Understanding Liability

On your own, you may not be entirely sure you have the grounds or standing to file a liability claim. The other party may look to take advantage of your uncertainty, asking you to waive your rights to a claim quickly and with little more than a signature. Whether you have been injured in a truck accident or a trip and fall on commercial property, a personal injury lawyer will be much more familiar with the applicable laws and will help you determine which party or parties may be liable for damages.

Withstanding Pressure

You have the right to represent yourself in any legal proceeding, and, in many injury situations, the process begins at the negotiating table. Insurance carriers, including auto insurance, homeowner’s insurance, workers’ compensation, and third-party liability carriers, often start with outright denials of responsibility or with low-ball offers intended to end the case quickly and quietly. Out of context, the initial offer may seem to be an impressive amount, but context is exactly what is needed. In order to know what a fair settlement offer looks like, you will need to fully understand your injuries and the impact they are expected to have on your life. An attorney can help you account for all of the necessary variables and to avoid settling for less than what you need and deserve.

When a drug that has been prescribed for you is recalled, it can be a very frightening experience. One day, you are taking the drug as normal, completely unaware of any problems, and suddenly, headlines are decrying the dangers associated with the medication. Should you stop taking your medication? Should you call 911? In the resulting confusion, it can be challenging to know just what to do, but it is important not to make any health-related decisions without first speaking to a doctor or medical professional.

Educate Yourself

The U.S. Food and Drug Administration (FDA) handles all drug recalls in the United States. This includes voluntary recalls originating with the drug manufacturer. If a drug has been recalled, the FDA—along with a number of other reputable sources—will almost always provide information online regarding the reasons and potential dangers associated with the recall. In many cases, the potential for problems only exists for a small subset of all patients currently taking the drug. For example, a particular drug may present a previously unknown danger to patients who have a specific, seemingly unrelated coexisting condition.

Contact Your Pharmacist

A well-trained pharmacist can be an extremely valuable source of information related to prescription drugs. While he or she may not go into specifics regarding the experiences of other patients, he or she can advise you on possible alternatives to the recalled drug. It is very possible that only a particular production lot of the drug was recalled, and your pharmacist may be able to simply replace your current prescription with a non-recalled version. 

It seems like just last week that Illinois residents were celebrating the summer with barbecues, fireworks, and family softball games. Almost without warning, the leaves have changed colors and, in fact, many deserted the trees on which they grew, leaving the branches exposed and looking like the dead of winter. Make no mistake, winter is on its way. That is why now is the time to get your car or truck ready for the cold and snow, taking every precaution to avoid dangerous and deadly winter auto accidents. 

Prevent Breakdowns

There are countless resources, both online and in auto shops, that will go into minute detail about the various points of concern for winterizing your vehicle. Not all, of course, are applicable to every car or truck, or even every driver, so check with your mechanic about your particular needs. There are a few basic things, however, that apply to anyone taking to the roads this winter, and by taking a few moments now, you can help to prevent unforeseen tragedy.

Among the primary considerations for your car or truck in cold weather are your battery and your antifreeze. Your car’s engine relies on the battery to start, so you will need to be sure it has the power to withstand the pressures of winter. Similarly, antifreeze ensures that the water in your car’s radiator does not form ice crystals which could cause a whole host of problems. Make sure your antifreeze levels are maintained properly and flushed, if necessary, to start the winter season fresh.

The moments after a motor vehicle crash can be extremely overwhelming, especially if you have been injured. It may be very difficult to keep the events straight in your mind and, then, to relay that information to the responding police officer. There may be a myriad of factors of which you were unaware that still played a significant role in causing the accident and your resulting injuries. In many cases, accident reconstruction is necessary in helping establish the true nature of the accident and exactly which parties may be held liable.

Get Started Immediately

For accident reconstruction to be most effective, it needs to begin as soon as possible following the crash. Any delay can result in the loss of evidence and telltale signs of what may have happened, such as skid-marks on the pavement, leaking fluids, and more. It is important to get an accident reconstructionist on site quickly, even if for just a short time, so he or she can take photos, make measurements, and observe any and all indications of what took place. He or she can also extract information from electronic data recorders, or so-called “black-boxes,” installed as a standard feature on many of today’s cars and trucks.

Applied Science

To complete the investigation, the accident reconstructionist will also analyze the damage caused both to public and private property and each vehicle. Combining this information with the available police reports and vehicle specifics, the reconstructionist will utilize his or her scientific training to apply mathematical formulas and equations to recreate the accident as it most likely occurred. An accurate accident reconstruction is much more in-depth than a simple police report and can be used to identify contributing factors such as malfunctioning traffic signals, faulty vehicle equipment, poor roadway maintenance, and many more.

Establishing fault for a car accident is not always straightforward. Often, when motorists are involved in a car crash, there are a number of factors are at play. For example, outside distractions such as pedestrians, construction work, closed lanes, or heavy traffic can make an accident more likely to occur. Car accidents often involve several vehicles, and it can be extremely difficult to determine which car actually started an accident.

Proving who was at fault for a crash is crucial for several reasons. First, the at-fault party's car insurance company is usually responsible for paying repair costs for other vehicles involved in the accident. Secondly, if another person was injured in the accident, the at-fault party may be responsible for that person’s medical bills, lost wages, and pain and suffering.

No-Doubt Liability

Generally, auto insurance companies of the individuals involved in an accident will take a lead role in determining financial liability for a car accident. The insurance companies use the help of claims adjusters to determine which of the drivers involved in an accident was at fault.

Getting into a car accident can obviously cause significant personal injury. Such an accident can also result in significant financial losses, as well. Even automobile accidents which are not your fault can end up costing you and your family thousands of dollars. Imagine this scenario: You are driving down the highway when a flatbed truck pulls in front of you. Suddenly, cargo from the bed of the truck comes loose, falls, and strikes your windshield. You veer out of control and crash your vehicle, resulting in significant vehicular damage and several broken bones. Who is responsible for your injuries and the damage to your vehicle? Often, the answer to the question of liability in loose-cargo accidents is not clear-cut.

Falling Cargo Can Cause Fatal Car Accidents

A 2016 study conducted by AAA found that falling cargo was a factor in over 200,000 crashes between 2011 and 2014. Improperly secured cargo was the most common cause of these accidents. Road debris resulted in roughly 39,000 injuries and over 500 fatalities during the same time period. Loose cargo and road debris can cause serious neck and spine injuries, broken bones, traumatic brain injury, and worse. Even more devastating, some people injured by loose cargo are left in thousands of dollars of medical debt and are unable to work.

Is A Truck Driver Automatically Responsible for Falling Cargo?

Many people who are injured in a cargo-related truck accident assume that the truck driver is at fault. While this is sometimes true, there are many other factors that one must consider when assigning blame in a loose cargo traffic accident. For example, say a motorist’s vehicle is struck with items falling from a flatbed truck carrying farm equipment. The loose cargo may be due to driver error, improper loading, faulty restraints, or issues with the farm equipment itself.

Most sighted people take their ability to see the world around them for granted. Sadly, it is often only after a person experiences vision loss or impairment that he or she recognizes the sense of sight as the gift it really is. When a person is blinded or sustains a serious eye injury after an accident, they might be unable to work or enjoy the same quality of life they had before. When a person or entity’s negligence causes another person a life-altering injury, the negligent party should be held accountable. Read on to learn about the most common types of eye injuries that can be caused by auto accidents.

Airbag Injuries Are More Common Than You Might Think

Many people incorrectly imagine airbags as soft pillows designed to cushion the driver and passengers in the event of a crash. Although airbags are tremendously helpful at reducing fatalities in car accidents, they can also be the cause of certain injuries.  Airbags contain nitrogen gas and other chemicals which are activated during a car crash in order to rapidly fill the airbag with gas. The average airbag deploys at a speed of up to 186 miles an hour and is filled within about 0.03 seconds. While airbags are designed to prevent more traumatic head injuries, they have been known to cause retinal detachment and traumatic cataracts.

Traumatic Brain Injuries Can Cause Vision Problems

Traumatic brain injuries (TBI) are often caused by serious car accidents. TBIs are usually caused by forceful blows to the head. Head and skull trauma can also have a major effect on the eyes.

The birth of a child should be one of the best experiences of a new parent’s life. However, when medical malpractice or negligence is a factor during an infant’s birth, the results can be tragic. Birth injuries can result in years or even a lifetime of expensive and often painful medical procedures and ongoing medical care. If your child was injured during his or her birth due to medical negligence, you may be eligible for financial compensation.

Types of Injuries That Can Occur During Birth

Birth injuries can occur during several different states of the delivery process. Some of the most common birth injuries include:

• Cerebral palsy
• Erb's palsy
• Nerve damage including brachial plexus Injuries (BPI)
• Perinatal asphyxia (lack of oxygen which can cause permanent neurological damage)
• Bone fractures
• Umbilical cord entrapment;
• Forceps or vacuum injuries
• Facial paralysis

Damages for Birth Injuries

Through a personal injury suit, the parents of children who have suffered birth injuries may be able to receive compensation for damages caused by the injury. Economic damages most often include medical bills, future medical expenses, lost wages, and caretaking expenses. Noneconomic damages are much more subjective than economic damages and can include compensation for pain and suffering, emotional distress, loss of a normal life, shortened life expectancy, and more.

By now, you have almost certainly heard the warnings about the dangers of texting while driving. The National Highway Traffic Safety Administration, AT&T, AAA, nonprofits, and other organizations have spent millions of dollars on campaigns to stop texting and driving. However, there are many other ways that drivers become dangerously distracted on the road, often leading to devastating accidents.

Children Can Be More Distracting Than Texting

If you have children, you probably spend a great deal of time transporting them to and from school, friends’ houses, and after-school activities. According to several studies, when your children are in the car, you may be driving while distracted. One study showed that children were twelve times more distracting to a driver than texting was. Research has also shown that parents with children in the car spend, on average, three minutes and twenty-two seconds with their eyes away from the road for every sixteen minutes they are diving.

Surprising Dangers on the Road

Distracted driving can also be caused when a driver attempts to multitask while driving. Many of us have extremely busy lives and often eat or drink while driving to save time. While the coffee and donut on the way to work may help you get your day started, experts believe that even this puts drivers at an increased risk of being in a car accident. A study conducted by Erie insurance found that smoking while driving is equally dangerous. Individuals who reach for a cigarette or go to light one take their eyes off the road for just a moment, but it only takes a moment to be involved in a crash.

Slipping and falling can cause devastating injuries in mere seconds. A person who falls and hits their head on concrete, for example, may suffer a traumatic brain injury which leaves them with agonizing pain and other adverse symptoms for months. Slip and fall injuries can also incur tens of thousands of dollars’ worth of medical bills. A serious fall can take away a person’s independence, their ability to work, and significantly decrease their quality of life. If you or someone you know was injured in a slip and fall accident, you may wish to pursue compensation through a premises liability lawsuit. In order to be awarded financial damages for injuries related to a slip and fall, you and your legal team must prove liability, or responsibility, for the accident.

Legal Responsibility for Your Injuries May Lie with the Property Owner or Manager

Property owners have a legal responsibility to keep their property safe for individuals who legally visit the property. For example, a store owner must endure that spilled liquid is marked as hazardous and cleaned up as soon as possible.  If the owner knows that a slippery substance is on the floor and does nothing to address the situation or warn customers of this danger, he or she may be liable for an injury caused by the environmental hazard. Similarly, a residential property owner who has a broken staircase can be held liable if a visitor to their property falls from the staircase and is injured. In some premises liability cases, the person or entity that manages or oversees the property is the responsible party instead of the property owner.

Proving Negligence is Required for a Successful Premises Liability Lawsuit

Not every slip and fall accident is the fault of the property owner or manager. Sometimes, a person is injured in a freak accident which is not caused by negligence on the part of the property owner. Negligence occurs when a party owes a duty to another and fails to uphold that duty. With slip and fall accidents, a property owner has a duty to ensure that his or her property is reasonably safe and free of danger before allowing visitors or patrons onto that property. A property owner who does not regularly maintain the property or who ignores potentially dangerous conditions will likely be considered negligent.

Imagine this scenario: You are at a friend’s house enjoying a party. While walking upstairs, you experience a horrible slip and fall. You are taken to the hospital where you learn you have significant injuries that will require thousands of dollars’ worth of medical care, corrective surgery, and physical therapy. Even worse, you will be out of work for months, so you will lose money this way as well. You may be asking yourself, “Would my friend’s homeowner’s insurance cover any of these expenses?”

Does the Property Owner Have Insurance?

The first question to consider if you have been injured at a friend or neighbor’s house is if the property owner even has homeowner’s insurance. Fortunately, most homeowners do. Mortgage companies require homeowner’s insurance, so if a person has a mortgage and is still paying off their house, they should have homeowner’s insurance. However, there is still the chance that a person who owns their home free and clear and has no mortgage might not have homeowner’s insurance.

Report the Incident to the Insurer Immediately

If the owner of the property on which you were injured does have homeowner’s insurance, you should report the incident to the insurer as soon as possible. Waiting too long to report the claim can make you lose credibility in the eyes of the insurer. There is no register of homeowner’s insurance information, so the only way you will be able to know the name of the insurer is to ask the property owner.

If you have been injured in a car crash or any other accident caused by another party’s actions or negligence, you might be able to pursue compensation for the injuries you have sustained. Compensation is generally available to cover medical expenses, time away from work, and damage to property, as well as more subjective losses such as pain, suffering, and permanent scarring. Unfortunately, it is not always easy to collect compensation after an accident, especially if a lawsuit is necessary.

Filing Your Claim

In most situations, the first step toward recovering compensation after an accident is filing a claim with the at-fault party’s insurance company. Depending on the situation, you might do so by going through your own insurance company first or you could file directly with the other party’s carrier. Your claim will almost certainly include the police report and any other evidence that might help prove that the other party was to blame for your injuries.

At this stage, the insurance company might offer a settlement that seems like it will cover all of your losses. Keep in mind that initial offers often do not take long-term considerations into account. For example, the first offer might come before you have even received a prognosis for making a full physical recovery from your doctor. If you accept a settlement offer, you will waive your right to taking legal action in the future, so you should discuss the matter with a qualified personal injury lawyer before making a decision.