What Coverage Can You Get From Personal Injury Protection?

Posted by on Jun 30, 2016 in Personal Injury | 0 comments

When you get involved in a car or vehicular accident, what follows is a series of expenses that you may not be able to handle from your own pocket. Aside from repairs of your car, you will also be faced with medical expenses and other bills. For this reason, having personal injury protection (PIP) can be heaven sent. PIP is also called “no-fault” insurance and is usually require in no-fault states.

According to the website Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., state laws require motorists to carry at least a minimum PIP insurance coverage. This kind of policy shoulders accident-related expenses regardless of who was at-fault. Personal injury protection may cover as much as 80% of medical and other expenses, depending on the limits of the policy.

PIP covers medical expenses that you might incur whether as a passenger or as a pedestrian. In addition, it may also pay for service replacement of an injured person, rehabilitation, and funeral costs. With personal injury protection, there is no need to determine fault. The damages are paid at the soonest time possible and you only deal with the insurance carrier.

PIP has some similarities and difference with medical payments coverage. Both covers your medical costs as well as that of your passengers regardless of who was at-fault. However, medical payments coverage does not cover other expenses such as lost wages, rehabilitation expenses, and funeral costs.

However, one disadvantage of no-fault insurance is that it literally takes away your right to sue. While you can still make someone liable, some state laws determine when you can do so. For example, you can only sue unless one of the following happens:

Serious death or injury
Damages has reached or surpassed the threshold limit

If you have health insurance, you may combine it with personal injury protection. You can set your HMO as the main form of injury coverage after an accident. When you get hurt in a crash, your health benefits will cover your medical expenses. PIP will pay for expenses that exceeds your health insurance limits.

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Types of Damages that need to be Compensated Due to Wrongful Death

Posted by on Feb 6, 2016 in Personal Injury | 0 comments

A wrongful death is a legal action filed by the family of a person who dies due to another person’s wrongdoing or act of negligence. The main purpose of this lawsuit is to seek compensation for all the present and future losses that the family of the deceased are and will be subjected to. Compensation is supposed to cover funeral expenses, lost companionship and lost wages.

States classify losses or damages under the following categories: economic, non-economic and punitive. The specific items contained in each category differ among states, though.

a. Economic damages. These refer to all the financial contributions that the deceased would have provided to his or her family had he or she not died. Economic damages include: financial worth of the goods and services the deceased would have earned for his or her family; loss of possible inheritance; loss of the victim’s wages and other earnings; loss of the deceased victim’s financial benefits, such as pension plan; loss of possible medical coverage for victim’s family members; and, cost of medical treatment and funeral service.

b. Non-economic damages. These include the family’s non-material losses, such as: loss of love and companionship of the deceased; loss of the deceased victim’s care, guidance, nurturing and protection; loss of consortium with the deceased spouse; and, suffering, pain and mental anguish to be suffered by the family.

c. Punitive damages. This type of damages may include compensatory damages; however, in some states where this is not made available in wrongful death lawsuits, the awarding of treble damages, or triple damages, is made instead. Treble damages multiply the amount of actual damages to three. Awarding this type of damage falls on the discretion of the court, though, based on legally acceptable reasons. According to Cornell University, punitive damages are considered punishment and are awarded when the defendant’s behavior is found to be especially harmful.

Punitive damages are basically served on the liable individual to make him or her realize his or her erroneous act and to prevent him or her from committing such error again.

A negligent act, which is often the cause of wrongful death, can be committed by anyone: a driver, a construction worker, an office employee, a pilot, a doctor, etc. While it is true that the family of the deceased, according to the law firm Williams Kherkher, would rather choose to bring closure to the tragic event which has claimed the life of their loved one, it cannot do so until it has found justice and compensation for the damages and pains it has been made to unjustly suffer.

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What You Need to Know About Post-Traumatic Stress Disorder

Posted by on Oct 20, 2015 in Personal Injury | 0 comments

Major accidents can be so traumatic, and they can damage you not just physically and financially, but mentally and emotionally as well. While it is normal to feel anxious or stressed days or weeks after an accident, some may have troubles coping even months or years after an accident. If symptoms of anxiety, stress and trauma caused by a traumatic event do not get better months after an accident, and if these symptoms interfere with your daily activities, you might be suffering from post-traumatic stress disorder, or PTSD.

The website of the LaMarca Law Group, P.C. says that although car accidents are considered among the primary reasons for PTSD, other traumatic events may cause this behavioral condition, such as an animal attack, or a traumatic incident at work or in someone else’s property. Your risk of PTSD also increases with family history, previous life experiences (such as childhood),

According to the website of McCutchen & Sexton – The Law Firm, having a PTSD after a traumatic car accident could affect how you perform your day-to-day activities. Symptoms of PTSD are generally categorized into four groups, namely:

  1. Intrusive symptoms – Memories of the traumatic event recurs in the form of thoughts, nightmares, and flashbacks. The person might feel emotionally distress or react physically when reminded of the traumatic incident.
  2. Avoidance symptoms – The patient with PTSD tries not to remember the even and anything associated with it. He may choose to stay away from things or people that remind him of the accident. As such, he may feel that certain activities are not as enjoyable as they were before.
  3. Hyperarousal symptoms – A person may show extreme behavior (i.e. outburst of anger, depression, irritability etc.). He may also engage in self-destructive behavior (abusing substances, drinking too much, committing crimes etc.).
  4. Symptoms of negative thinking and mood – A person with PTSD may find it difficult to make new friends and maintain old ones. He may also show lack of interest in the future, and may tend to be careless in his personal and professional growth.

If you have recently been involved in a traumatic accident and if one or more of these symptoms continue to haunt you months after the event, or if you feel that it is disrupting your everyday life, consult with your doctor right away for an accurate PTSD assessment.

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