Steps to follow after you have been injured or hurt by someone else, there are several steps you should follow to insure that your injury claim will be settled quickly.
Write down everything you remember about the accident. Make a chronological list of the events leading up to the accident. Include the names, addresses, and phone numbers of all the people involved (who did you harm, possible witness, police officers, or insurance representatives. If the injury was work related include the company and/or worker’s compensation representatives.
1. Make sure that you preserve any evidence that may prove your case, such as photos of your car, accident scene, personal injuries, clothing worn during the accident, items damaged in the accident, etc.
2. Make sure you notify anyone you intend to file a claim against as quickly as possible.
3. Follow the steps listed on this site to help you find a personal injury lawyer. Make sure you consult with this lawyer before you make any verbal or written statements to insurance company adjusters or representatives.
Help me understand who is at fault. It is important to understand that each state has different laws on how you may be tried during your case, and you should make sure you understand the laws in your state after talking to your lawyer.
However, most states follow the same basic ideas of breach of warranty, negligence, strict liability, and joint and several liability.
Breach of warranty happens when a business or person promises to protect users against damages or injuries caused by defective products. There are two types of warranties: implied and expressed warranties. An express warranty is a warranty that was explicitly supplied by a manufacturer or seller. Usually, express warranties are oral or written expressions of fact or promise about a product. Implied warranties promise that a product will be fit and safe for its intended purpose. For example, in a Asbestos or Mesothelioma case, an implied warranty may be applicable if the plantiff was in contact with an item containing Asbestos. The implied warranty of this item would claim that it should be fit and safe for use; however, Asbestos is not safe so it breaks the warranty.
Negligence. To be able to collect/settle on your case, you need to be able to prove that the person who caused your injury was careless or negligent. In order to prove this you must prove:
* that the person who injured you had the responsibility of not injuring you, but broke that responsibility. For example, drivers have the responsibility of always being able to stop before hitting the driver in front of them. If they hit the drive in front of them, they are breaking that responsibility.
* that because the person broke his or her responsibility, it caused your injury.
* that you incurred injuries, physical or mental.
However, if you were also careless and you caused more than 50% of your injury, you will be unable to collect a claim from anyone else involved in the accident (this is commonly known as the contributory negligence law). If you were careless and you caused less than 50% of your injury, you will be able to collect a portion of a claim from anyone else involved in the accident (this is commonly known as the comparative negligence law).
Strict Liability is like Negligence except that it differs in two respects: first, the existence of responsibility is shown when there is a commercial supplier that manufactures or creates the product; second, the injured does not need to prove that the breach of responsibility was caused by a negligent action. Just by putting the product on the market, the supplier broke its responsibility. For an Asbestos or Mesothelioma case, proving that Asbestos caused the injury is usually the hardest part. In order to prove the case, the plaintiff must prove that the item containing Asbestos is able to cause the Asbestos related injury, that the plaintiff was in contact with enough Asbestos to cause the Asbestos related injury, and that the plaintiff was not in contact with any other chemicals or substances that could have also caused the Asbestos related injury.
Joint and several liability. Many states require that anyone who was responsible for your injury or accident liable for paying the entire cost of fixing the injury or accident.If you were injured by a consumer item, please visit the consumer fraud section of this website.
How much can I collect?
In most states the prosecuted have to pay for:
* Past, current and future estimated medical expenses.
* Pay from missing work due to injury and time spent receiving medical help or therapy for this injury.
* The cost of replacing or repairing and damaged property.
* The cost of hiring someone to do household chores while you were injured.
* Any mental or physical anguish caused by a permanent disfigurement or disability.
* Any emotional distress caused by the injury, including but not limited to anxiety depression, or any problems arising from family relationships.
* And any other costs as a result of your injury, usually determined by the court or judge.
Remember, you only have 2 to 5 years, depending on state, to file your claim, so make up your mind quickly, but carefully.
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