Personal Injury Elements :: Dallas Personal Injury Lawyer
(Dealing with your insurance company should not be this complicated!).
Contact: Law Office of Doug Goyen, (972) 599 4100, Dallas Personal Injury Lawyer.
Personal Injury areas we help with are:Auto Accident and Injury Cases, Personal Injury Cases, 18 Wheeler & Commercial Vehicle Injury Accident Cases, Motorcycle Accident and Injury Cases, Wrongful Death Cases, Pedestrian Injured by Automobile Cases, Slip and Fall & Premises Cases, Workplace & Constructions Injury Cases, Dog Bite Injury Cases, Bicyclers Hit by Automobile Cases .
PERSONAL INJURY LAW:
"How complicated can it be?" That is the thought of most people when they start down the journey of dealing with the claims adjuster after they have been injured by someone else's negligence. The adjuster puts their mind at ease at first, assuring that this will all be "taken care of" when they are ready to settle the case. Then things start getting complicated. Not because it really is all that complicated, its not. But if you have no leverage with the insurance company, they can make it complicated very fast . . . and they aren't about to tell you what the formula is for what they need.
Delay is the name of the insurance game, and the more they can delay, the more they have you right where they want you. For example, you call in, you are forced to leave voice messages (because no human being ever actually answers a phone), "I'm needing to have my shoulder looked at, it hasn't been right since the collision. Who can you recommend me to?" No return call (or the adjuster answers and says, "I'll have to get back with you on that". You call again a few times that week. You call again the next week. And again the next. Now you have been dealing with a disabled should for over a month with no response from the insurance company.
Once they have delayed long enough, they finally call you back and use the old argument "its been so long,how do we know this is related to the accident?" As steam starts blowing out your ears at the idea of them even saying this, after all it was the adjuster who was the cause for the delay. But now you finally see what their plan was all along - delay until you could not prove your injury was related.
We represent individuals injured by the negligence or wrongdoing of other people and/or businesses.
A personal injury case is one where usually the issue is negligence. It can also include intentional acts.
Negligence is broken down into duty, breach, causation issues, and damages.
DUTY: People have a "duty" towards others in society. This duty is to use the amount of care that the ordinarily prudent person is supposed to use under the circumstances. So, for instance, drivers of automobiles have a "duty" not to run red lights, since doing so is dangerous to others. If there is no duty, then there is no negligence.
(duty to obey the law and use common sense)
BREACH OF DUTY: Two ways to show breach are 1) a person actually knows they are putting another person at risk, and they take the chance anyway (ie., person sees the red, decides to run it, hoping he won't hit anyone, but knowing he could); 2) person doesn't see the risk, but a reasonable person in the same circumstance would have foreseen the risk of hurting someone (ie., someone answers a cell-phone while driving, is distracted, and causes a collision).
(if you aren't using common sense, you are breaching your duty)
CAUSATION / Foreseeable: The act must have actually caused the injury claimed. It must also be foreseeable to a reasonable person that the injury in question could have happened.
(foreseeable that the damage or harm will happen)
DAMAGES: In order to collect for an injury claim, there must be actual damages caused by the act. Damages include, but are not limited to, medical bills, lost income, property damage, rental bills, towing bills, pain and suffering, mental anguish, etc.
(if you broke it, you bought it)
Damages often recoverable in personal injury cases include the following:
Past and future medical bills, past and future lost earning capacity, past and future lost income, past and future physical impairment, past and future disfigurement, past and future mental anguish, past and future pain and suffering, property damage, loss of use of your property - such as rental car bills, storage, total loss of property, diminished value of property, loss of body member (arm, leg, . . .), loss of body capacity (hearing, eyesight, . . . ), loss of consortium (spouse, parental, child/filial), loss of services, emotional/mental trauma (bystander injury), prenatal injury, exemplary damages, prejudgment interest, attorney's fees, and court costs.
If you have a personal injury due to negligence because of an auto accident, workplace injury, 18 wheeler, or any other injury caused by someone else, you need to talk to our lawyers. Call for a free consultation with a Dallas personal injury lawyer today. Discuss your personal injury case with our attorneys so we can determine the next step in your path to recover from the auto accident, workplace injury or other injury that has caused you harm or hurt.
The Law Office of Doug Goyen has many years of experience handling personal injury cases in North Texas. If you need a Dallas personal injury lawyer call (972) 599 4100.
By Doug Goyen, firstname.lastname@example.org
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