If you have been injured in an accident and are ready to pursue an injury settlement, you may be wondering: does a personal injury settlement affect Medicaid?
While we shouldn’t sit around worrying about being the potential victim of violent crime committed by strangers, it’s also a good idea to take steps to protect yourself and your loved ones.
Here are some examples of violence committed by strangers:
- Aggravated assault
- Sexual violence / rape
- Armed robbery
- School shootings, workplace shootings, and other mass shootings
The vast majority of personal injury claims are concluded with a settlement paid by the at-fault insurer. Personal injury lawyers work hard to negotiate full and fair settlements on behalf of their injury clients because it is preferable over taking a case to trial for several reasons. When a settlement cannot be negotiated out of court, the case is brought to trial. If the judge or jury finds the defendant liable for the plaintiff’s injuries, they may issue an injury judgment that is legally binding. In some situations, the debtor either refuses to follow the court order or cannot afford to pay the amount of the judgment. The question becomes: How to Collect Your Money After a Personal Injury Judgment?Read More
If you have been injured in an accident or by other circumstance because of the fault of another, you may be able to recover damages through a personal injury settlement. We understand that some of the terms used in personal injury law are not part of regular conversation. Read on to learn some basic personal injury terms that may help you better understand your personal injury claim.
Personal Injury Terms for Understanding Your Personal Injury Claim
Here are some useful terms for understanding your personal injury claim:Read More
We are transitioning from winter to spring and in the Pacific Northwest that means many days with wet roads and sidewalks. Wet surfaces are often slippery, which can dramatically increase the risk for a slip and fall accident. Simple preventative measures by walkers and property owners can help reduce the chances of a serious slip and fall injury.
Every year, thousands of Americans are the victim of a slip and fall accident, often through no fault of their own. When a fall and subsequent injury happens because of the negligence of another, the best thing to do is contact a slip and fall attorney to discuss your legal rights. For example, if you walked into a store with sopping wet floors that had no sign warning about the slippery surface, you may have a slip and fall claim. Your attorney will go over the details of your accident and let you know the best way to proceed.Read More
Pressure washers are extremely handy tools. A pressure washer is a power tool that sprays water at high pressures. Countless homeowners and property managers use them every spring and summer to clean grime, loose paint, algae, and mold off of siding, roofing, farm equipment, patios, fences, driveways and sidewalks. But the very reason that this tool is so effective at cleaning sturdy, outdoor spaces, is the reason it can be so dangerous. To illustrate the power of pressure washers, we can compare them to the output of the standard garden hose. According to consumerrports.org, a garden hose produces water with water pressure at about 50 pounds per square inch (psi). By comparison, pressure washers can produce 1,500 to 4,000 psi. According to the Consumer Product Safety Commission, it is estimated that 6,057 people went to an emergency room with pressure washing injuries in 2014 alone. Out of those visitors, 14 percent required additional hospitalization.Read More
The National Safety Council (NSC) has labeled June National Safety Month in the United States. The purpose of the label is to help bring awareness to the public about the health and safety risks that increase in the summer months in order to decrease the number of injuries and deaths that happen at home and in the community. Visit the National Safety Council website for tips and resources.
If you or a loved one was injured because of the negligence of another, you have the right to a settlement that will compensate you for your injuries. Contact a personal injury attorney to discuss your legal rights and get the help you need to get back on your feet.Read More
Traumatic brain injuries (TBI) are responsible for many deaths and permanent disabilities every year. According to data on cdc.gov, there were about 61,000 TBI-related deaths in the United States in 2019.
TBIs are typically caused by a violent bump, blow, or jolt to the head. In some cases, an object penetrates the brain such as a shard of glass from a windshield and causes a penetrating head injury that disrupts normal brain function. Symptoms of traumatic brain injuries include physical paralysis, chronic pain and other chronic health issues, sleep issues, loss of hearing, loss of control of bowels or bladder, headaches, lost sense of taste, and seizures.
Moderate to severe instances of traumatic brain injury can change your quality of life for the worse for the rest of your life. A TBI can also have a huge impact on the family of the victim if the injured person needs ongoing care, can no longer work at their career, and/or take care of the kids or other family needs. These types of losses can and should be compensated through a personal injury claim or lawsuit when the injury occurred due to the negligent actions of another.Read More
Personal injury claims are brought to hold the negligent party accountable for the damages they caused. Pain and suffering is a part of the compensation provided in a personal injury claim. But what is it? Pain and suffering is the legal term for the physical and emotional stress caused by an injury; it is a non-economic loss that is worthy of financial compensation.
Some damages that fall under the pain and suffering portion of a personal injury claim are:
- A loss of enjoyment or disruption to the way you normally live your life
- Temporary or life-long limitations on activity
- Loss of the ability to communicate effectively
- Loss of eyesight
- Debilitating physical impairments or disabilities such as paralysis
- Mental and emotional distress
- Aches and chronic pain
- Physical deformities or disfigurements such as severe scarring or loss of a limb
- Forced infertility or the loss of reproductive organs
- Shortened life span
How is pain and suffering proved in a personal injury claim?
In a successful injury claim, your personal injury lawyer will secure compensation for pain and suffering by proving that you have suffered. In order to prove that you have endured or continue to endure pain and suffering, the accident attorney gathers relevant information, including:
- Medical diagnoses
- Medical bills
- Medical records
- Pictures of injuries
- Records of psychiatric care
- Testimony from medical experts, as needed
How is pain and suffering calculated?
In addition to proving pain and suffering, the law also requires that a value is assigned to it. A personal injury lawyer can accurately identify the value of your claim based on your injuries. If you bear partial fault for the accident, there was no damage to the vehicle or if the injuries were minor, you can expect the insurance adjuster to reduce your pain and suffering offer. The injury lawyer also factors in a settlement range that is most likely to be offered in negotiations or in a jury award. This information gives the plaintiff a good idea of what compensation they can expect for their pain and suffering from a reasonable offer.
One of the many advantages of hiring a personal injury attorney to help with a personal injury claim is their help calculating a dollar value for your pain and suffering.
Is there a time limit on recovering for pain and suffering?
Yes, personal injury claims come with a “statute of limitations” that puts a cap on the time that an injury claim may be filed. If a claim is brought after the deadline, the judge may deny the claim. In Washington State, most injury claims have a three-year statute of limitations but an exception is made for minors who have three years from the day they turn 18 to file a claim.
There are also practical reasons for contacting an attorney as soon as possible:
- Filing an insurance claim or a personal injury lawsuit takes time.
- The farther away from the accident, the harder it is to remember details or to keep track of witnesses.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!Read More
After losing its fight with the NHTSA, Ford recalls 3 million vehicles equipped with defective airbags. Yes, the same Takata that manufactured defective airbags from earlier recalls. While the airbag inflators causing the problem in this recall are different, the recall is happening for a similar reason: they have a risk of exploding.
Ford recalls 3 million vehicles due to defective airbags
As reported by USAtoday.com, Ford’s hand was forced on the recall of 2.7 million vehicles in the U.S. at a cost of $610 million because federal regulators rejected the company’s request to avoid a recall. Ford took the position that they had not found evidence that the material in the inflators was breaking down to the point that it would cause a serious problem. After considering the request, NHTSA concluded that the ammonium nitrate propellant used to inflate the driver’s airbags was showing signs of decay and posed a safety risk.Read More