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Personal Injury
Pain and suffering are two of the most frequently heard
words when one thinks of personal injury. They lie at
the base of all personal injury actions, whether from
automobile, slip and fall, negligence, malpractice, negligent
or intentional actions by others against you or your property.
However, just as basic to the injury action are two parallel
questions: can a legal cause be shown to be the reason
for the injury and is the person or company who injured
you covered by adequate insurance? Interestingly, the
one that needs to be covered by adequate insurance may
actually be the injured party. Personal Injury is often
a maze that can only be negotiated by highly trained and
experienced counsel; people to whom the law, medicine,
insurance regulation and contracts are not mysteries.
Whenever you or a loved one is injured by the actions
of another, certain rights to compensation are triggered.
Some of these rights go back in history to old English
common law, such as trespass or defamation. Others are
as modern as the latest changes in Automobile Insurance
law, defective products law or Federal laws on toxic waste
disposal. These are not, in any sense, Constitutional
rights. They are the procedures developed by the Legislatures
and Courts to permit you to be made whole for your loss.
All have important requirements, including time limitations
in which to prove your claim. Each and every action requires
proof as to the exact cause as well as type and duration
of injury. Often, experts in medicine, construction, professoional
practices, insurance and financial analyses are required
in order to prove the extent and value of the compensation
to be had. Especially in automobile insurance issues,
the contracts between the partys and their insurance companies
hold great importance.
As you can imagine, the Insurance Industry wages hard
fought and expensive battles to convince the Legislature
and Courts to enact laws and interpret them in ways that
are favorable to the Insurance Industry and limit your
right to recovery. As attorneys who work extensively with
injured and disabled people, one of our purposes is to
advise and educate you as to the ways to maximize your
protections when buying insurance and maximize your recovery
when you or your family member is injured. |
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