Have you suffered an injury at work, in a motor vehicle accident, at home, or in your community? If so, you’re not alone. Many Americans suffer personal injury or bodily injury each year.
In 2018, 4.5 million people received medical treatment for motor vehicle accidents. Another 4.6 million workers required medical care for on-the-job injuries. A surprising 37.6 million people received injuries in homes or the community that needed medical consultations.
You may wonder if your suffering meets the definition of personal or bodily injury. Keep reading to find out.
Definition of Personal Injury
The legal definition of personal injury isn’t restricted to physical harm. It does include negligence which may include an injury to the body.
Personal injury often involves harm to a person’s property or reputation. Most cases require a legally-liable relationship between the victim and the accused.
Definition of Bodily Injury
Bodily or physical injury describes harm to a person’s body. According to 18 USC § 831(g)(5), the injury can include:
- Abrasions, bruises, burns, cuts, or disfigurement
- Impaired function to a part of the body or organ
- Impaired mental ability
- Physical pain
It may also involve other injuries regardless of how long it lasts.
How Are Personal Injury or Bodily Injury Different?
Why is it important to understand the difference between personal and bodily injury? The type of injury impacts the handling of insurance claims and legal actions.
For example, umbrella policies often define and cover bodily injuries in the same way. This includes commercial, commercial auto, and general liability umbrella policies. They cover injuries to clients while on the premises or receiving services.
Some insurance companies include mental anguish coverage as a type of bodily injury. They may not require any physical damage as part of the mental injury.
Insurance companies also define personal injury as anything that harms a person’s reputation. Legal definitions of personal injury may include physical and/or other types of harm.
Understanding Personal and Bodily Injury Claims
The legal term “tort” describes an act or omission that results in harm to another person. An “injury”, defined in the context of torts, means any invasion of legal rights that causes harm. “Harm” describes a loss or “detriment in fact” suffered by a person.
Every tort claim involves two issues: liability and damages. It doesn’t matter if the damage was negligent, intentional, or only liability.
The court must determine if the defendant is liable for the damages to the alleged victim. If this is true, the next ruling addresses the type and extent of the damage.
If you have experienced a personal or bodily injury, ask an attorney for advice. At Veron Bice Palermo & Wilson, we’ll guide you through the post-injury process. Our experts make sure you get all the financial compensation you’re entitled to.
Attorneys also assist with managing medical bills and lost wages from the injury. They will work with the insurance company as well. This means that you can spend your time recovering.
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What to Know Before Filing a Medical Malpractice Claim in Virginia
Have you sustained an injury because of the failure of a healthcare provider to perform standard quality of care duties? If so, you may hold the professional liable for medical malpractice. You can file a medical malpractice claim if your injury or illness results from misdiagnosis, prescription error, emergency room mistakes, birth injury, or surgical error. But, before you file a claim, here are important things you should keep in mind:
There is a Limit to How Long You Can File
In Virginia, you need to file a medical malpractice claim within two years of the date you sustained the injury. If your injury resulted from foreign objects, concealment, or fraud, the statute of limitations is extended for a year from when the object was discovered or should have been discovered. But, remember that the limit on this is ten years from the time your injury happened. It is a smart idea to hire an attorney who can offer you medical malpractice law help and guidance as soon as possible, so you don’t need to worry about time limits.
A Medical Malpractice Claim Can Be Settled Outside of Court
The majority of medical malpractice cases are settled without going to trial. But, some of these cases may also go on for months or years. Depending on your case and the details that surround it, your lawyer knows how long it could take before you get compensation for your injuries. But, as long as you hire the right lawyer, you have a better chance of negotiating a settlement without taking your case to court.
It is Best to Hire a Medical Malpractice Attorney as Soon as Possible
In general, it is a good idea to retain a lawyer sooner than later because medical evidence will be needed to win your case. Filing a claim as soon as possible will ensure all pieces of evidence are still accessible and your lawyer can start collecting them right after you hire them. Also, tests need to be performed before the nature of your injury will change.
Your Consent Form Won’t Affect Your Claim
When you get medical treatment or under a surgical procedure, you probably signed or filed a consent form. This form may list the risk and signing it means that you understand these risks. However, signing the form doesn’t consent your doctor, nurse, or another health care provider to harm you. Negligence is not a risk you expect to take while you undergo medical care.
Hiring a personal injury lawyer in LA: Check this guide
You, or a loved one, suffered injuries because of someone’s reckless driving. Like a majority of states, you can file for a compensation claim for your injuries, damages, and other losses in Nevada. The first step to follow after an accident is to get medical help. Call 9-1-1 right away and ensure that you have received immediate assistance. If you are physically okay, try and take pictures of the accident site and take details of witnesses, other drivers, and people at the site. Next, call an experienced lawyer. Select law firms, such as Naqvi Accident Injury Law, specialize in personal injury claims and lawsuits, and they can guide you through the process. Here is a quick guide on how to select the right personal injury lawyer.
- Ask for a free consultation. Most lawyers dealing with personal injury claims offer the first consultation for free and without any obligation. This gives you a really open window to discuss all aspects. You can expect them to answer your questions and offer a fair idea of what to expect from the personal injury claim.
- Comfort is key. This may not look like an important factor, but definitely needs your attention. You would want to be as comfortable with a personal injury lawyer as possible. Nevada follows the comparative fault rule, which means if you had a part share in the accident, your compensation will reduce by that much percentage. To be fair and transparent with your lawyer is important.
- Experience matters. Not all lawyers deal with personal injury and car accident claims, so you have to consider someone who has worked on cases similar to yours. Don’t shy away from asking questions related to their top cases, the best settlements they have won so far and other details.
- Cost. When it comes to personal injury lawsuits, most lawyers will be happy to take it on a contingency basis. This means that you may be the lawyer only if they win a settlement for you. However, there could be other costs involved, and you have to make sure that you don’t take the overall expense of the lawsuit for granted.
- Availability. Is the lawyer available to take your case personally? That’s a valid question. As a client, you need to know who is fighting your case and if they are going to be around to take your questions.
Check these basic things to find the best personal injury lawyer right after your accident.
5 Handy Tips For Finding A Reliable Divorce Lawyer
If you are getting ready to go through a divorce, one of the most important things you should do for your success is to work with a reliable divorce attorney. A good Toledo divorce lawyer will offer you initial consultation over the phone or in-person to give a general idea.
Below are five tips that will help you find the best divorce lawyer.
Do Not Skip The Research Part
It is good to take some time before hiring a divorce lawyer. Do not just hire anyone you come across. Ask referrals from people you know and who have recently gone through a divorce. You can take the help of the internet to search for a family law attorney in your area. Some websites also provide you with ratings and reviews and also free referral services.
Focus On Specialization And Experience
When you are dealing with divorce, it is better to avoid a lawyer who doesn’t practice family law. You should hire lawyers who have experience and knowledge in family law and especially in divorce cases. Hire a lawyer who regularly deals with divorce.
Plenty of people will be recommending lawyers to you. But it is better to take referrals with a grain of salt. Every divorce case is different and unique as far as motives and goals are considered. Lawyers who are experienced and specialize in custody and divorce matters will always provide you with competent representation.
Determine What Do You Want
There are different types of divorce that you can choose from. These include collaborative divorce, cooperative divorce, litigation, and mediation. When you have selected a process, hire a lawyer who is experienced in that process.
Though some couples are cooperative, some have different issues and disputes. If there is a dispute, one should choose to take service from a lawyer who is experienced in litigation and negotiation. A lawyer who is familiar with the collaborative law will help in collaborative divorce, where couples mutually agree to separate ways. You will get desired results if you hire an attorney who is well-versed in certain areas.
Consider Your Budget
The factor which people must consider while hiring a divorce lawyer is the cost. It is always advised to choose lawyers whom you can afford without any problem. You shouldn’t hire a high-end lawyer if you completely depend on your paycheck every month. It is better to strike a balance between what you can afford and the legal service that you need.
Choose An Attorney That Feels Right
In the process of divorce, you have to reveal private and sensitive information to your lawyer. You have to tell everything that your spouse can use against you. Thus, you should hire a lawyer with whom you feel comfortable and can trust completely. A good attorney will maintain an empathetic and caring approach and will provide you with objective advice.
If you are planning to get a divorce, you must involve an experienced divorce lawyer. The process of divorce will be very difficult, which is why you hire a lawyer who can provide you with legal representation and objective advice. The tips mentioned above will help you choose the perfect attorney who can help you solve your case faster and easier.
How to Choose a Criminal Defense Attorney
Have you been charged with a crime? Are you facing the possibility of having to pay a fine or even serve time in jail?
If so, you’ll need to find a lawyer to defend you—and not just any lawyer. You’ll need to make a point to find the best defense attorney available.
The right lawyer will have the skills, knowledge, and expertise to navigate the legal system without a problem. They’ll work hard to reduce the severity of your sentence, and in some cases, get you out of it altogether.
So how can you go about finding the right individual?
Keep reading to learn all about how to choose the best criminal defense attorney.
Check Their Experience
There are many lawyers fresh out of law school that can do a great job defending you in court. That being said, it’s generally best to work with someone who has more work experience.
Aside from being experienced, you’ll also want to ensure that they specialize in criminal law. You want them to understand the ins and outs of the laws that you’re dealing with.
Consider Their Reputation
With experience comes reputation—and you want your lawyer to have a good one. You won’t be able to meet with their previous clients, but you can do some digging to check the outcomes of their previous cases.
Don’t hire a criminal defense attorney unless you’re certain that they’re good at what they do.
Understand Who They Work With
Unless you’re working with a small firm, remember that most lawyers work with paralegals and other workers who support them. It’s worth inquiring about and getting to know these people as well.
If your lawyer does work by themselves, figure out how they get ready for court cases. What will they do if they get sick? What happens if some other problem comes up?
Have answers to all of those types of questions to ensure that you work with the best person possible.
Ensure That the Two of You Are on the Same Page
You want communication to be a priority between you and your attorney. The two of you should always be on the same page, and there shouldn’t be any surprises that pop up during the legal process.
Make sure you work with someone you feel comfortable with. You want to be able to talk to them and voice any questions or concerns.
If you’re in the Phoenix area, we recommend working with Belén Law Firm. Check out their site here: Belenlawfirm.com.
Understand How to Find the Best Defense Attorney
Regardless of the circumstances, finding the best defense attorney is essential. Use the tips mentioned in this guide to help you find someone who understands criminal law and comes brimming with courtroom confidence.
Are you looking for more legal advice, guides, and tips? If so, don’t forget to check out some of the other posts here on our site.
5 Signs of Elder Abuse You Should Never Ignore
Did you know that 27% of Americans 60+ years of age live alone?
Living alone can be freeing for elderly individuals, but it can also put them at risk of abuse. Elder abuse comes in many shapes and sizes, and it can easily fly under the radar. So, how can you recognize it and put an end to it?
We’re here to help you out. Keep reading below to learn five signs of elder abuse that you should never ignore.
1. Physical Signs
Many of the signs pointing to physical or sexual abuse can be seen on the body. You may find evidence via bruising, scratches, scars, and even broken bones in some cases.
While some injuries can be chalked up to fragility or the occasional fall, be mindful of repeated injuries or an excess of unusual injuries. Bruising on places like the sides or arms can indicate the individual was restrained or pinned down.
2. Improper Treatments
Healthcare providers can also abuse their elderly patients. By providing incorrect or unsubstantial treatment, they are committing acts of abuse. If your loved one is under the care of a healthcare provider, be diligent about learning what and why they are receiving their specific treatment.
3. Behavioral Changes
Behavioral change is one of the easily recognizable signs of elder abuse. Often these changes are the result of psychological abuse, but they can also occur due to physical abuse.
Be wary of individuals who inexplicably develop intense depression or anxiety. It’s also of concern if they suddenly lose interest in hobbies that they used to enjoy.
They may also seem as though they are dissociating or out of it. This may limit their cognitive functions and make communication difficult. It can also affect their memory.
4. Evidence of Neglect
You may find that an individual’s caretakers have neglected them and left them in a vulnerable state. It’s one of the different types of elder abuse in nursing home facilities—especially ones that are understaffed or underfunded.
You may notice that the individual is thin or frail due to malnourishment. Their clothes may be tattered or they may simply be underdressed/overdressed for the weather. Their hygiene and home cleanliness may be poor as well, so it’s possible that strong odors may alert you to the neglect.
5. Unusual Financial Habits
Financial elder abuse is common, as the methods scammers use are always changing and evolving. If you suspect financial abuse is at fault, be on the lookout for unusual letters, emails, etc. that the elderly individual may have received.
It’s good to keep an eye on the individual’s accounts if you suspect they’re being exploited. Often the individual will be too embarrassed to address the problem, even if they become aware that it’s a scam.
Recognizing the Signs of Elder Abuse
As your loved ones get older, it’s important to be aware of the signs of elder abuse. With the knowledge above on your side, you’ll be able to detect and protect your loved ones from abuse and keep them happy and healthy.
Looking for more? Check out the rest of our website for more articles on everything from health tips to business tricks!
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