Published on December 9, 2016
1. How Does Personal Injury Lawyer North Bay Differentiate between Fraudulent and real Injury Claims? You have met with an accident and file for claim with the insurance company. When you file your claim, you should be aware of many aspects. You should try to avoid these aspects as they may become your pitfall and get your case declared as fraudulent and may have to suffer from its repercussions. If you have any doubt and need clarifications, you should always contact an experienced and knowledgeable Personal Injury Lawyer in North Bay. Personal injury insurance claim is said to be fraudulent, if there is an intention to cause the insurance company to compensate you for the injury that is/was either exaggerated, nonexistent or is unrelated to any of the accidents that are covered by your policy. Some of the common examples of fraudulent cases include planning or staging arson, collision or car theft or even faking or exaggerating your injuries received in the accident. You must also remember that even though you may not make false representations or tell a lie; still your case may be considered as fraudulent. This situation occurs when you do not disclose particular information that you were legally bound to. If you have any doubt regarding filling up the insurance claim forms or know the procedure of getting claim, it would be prudent to take help of Personal Injury Lawyer in North Bay. The fraudulent personal injury claims are basically of two types: Soft insurance fraud: It is commonly known as the opportunistic insurance fraud and is most commonly seen. The soft insurance fraud is when you make an inflated claim. For example you may have exaggerated the severity of your injuries or the damage to your property. Hard insurance fraud: It is commonly known as the premeditated insurance fraud. In this type of fraud, the claimant makes plans to make false insurance claims. In this, there is deliberate action like deliberately causing accident or causing theft of the vehicle or staging arson. As your Personal Injury Lawyer in North Bay will warn you, you should refrain from filing any fraudulent personal injury claim. If you do so, then you are liable to the insurance company. The insurance company can take financial and/or criminal actions against you. Some of the financial actions that the insurance company can take against you are: Denying you the claim: This is the least severe consequence wherein the insurance company will not compensate you at all for any losses that you may have suffered. Cancelling your insurance coverage: As Personal Injury Lawyer in North Bay warns you, the insurance company can remove you as its customer and no other insurance company will give you insurance coverage. Revocation of the lawsuit award or the settlement: The insurance company can cancel any agreement reached and ask for the refund of the paid amount. It also has the option of filing lawsuit against you and recover hefty fine through punitive charges. The criminal consequences of the fraudulent insurance claims depend upon the severity of your fraud. If it is just misdemeanor, then there is usually fine. Personal Injury Lawyer in North Bay can help in reducing these charges. But if there is destruction of property, then there can be felony charges against you.
2. Can Injury Lawyer In Collingwood Help To Claim Compensation From A Government Agency? You have met with an accident and suffered from grievous injuries. You would like to claim damages from the person you feel was negligent enough to cause the accident. You can contact a good Personal Injury Lawyer inCollingwood and determine whether your case would be successful or not. But if the negligent party is a government employee or a government organization or entity, then what will you do? This is a very important question because there are fundamental differences in the way you deal with the normal cases and the way you deal with those where the government is involved. Though you may still be entitled to get the compensation, you will have to follow some very stringent rules and guidelines. Moreover, you will get a very narrow time frame also known as the Statute of Limitations to file your claim. The major difference is that when you are dealing with the government entity, you will have to very diligently follow all the procedures. If you inadvertently miss even a very small procedure or step, your claim stands to get rejected. To avoid this, you should always hire a skilled and a knowledgeable Injury Lawyer in Collingwood who has the necessary experience of dealing with the insurance companies as well as the government entities. To start the process of filing for claims, you should first determine and prove that the government was really responsible for the accident and thus for your injuries. Then you will have to specify the government entity responsible for your condition. You will have to include the specific government entity as the defendant in your lawsuit. In this context, you must always remember that any employee belonging to any government entity while performing his ‘duties’ is part of the government at that point of time in the personal injury lawsuits. When you are suing the government entity, your Personal Injury Lawyer in Collingwood will first file a notice of claim with the concerned entity or department. Only then, he will think of filing the claim in the court of law. The notice of claim varies from department to department and may vary from one to three pages. In the notice of claim, your Injury Lawyer in Collingwood will have to explain why you have the claim against the government official / employee or the government entity. You will have to include the events leading to the accident and the injuries you have sustained. You can attach your medical report along with it. You will also have to state specific charges against the defendant in your notice of claim. An important factor that you will have to remember is that some government entities enjoy immunity from certain type of personal injury claims. This type of immunity is known as the ‘sovereign immunity’. Your Personal Injury Lawyer inCollingwood should have good knowledge about this. He/she should also have the information about the various caps that have been put on the compensation along with various other restrictions and limitations.
3. Factors That Influence APersonal Injury Lawyer In SarniaTo Settle The Claim Out Of Court When you file the personal injury claims case, there are many phases to it. The important phases are the pre-lawsuit filing phase and the post-lawsuit filing phase, also known as the trial phase. When you consult your Personal Injury Lawyer inSarnia, you discuss your case threadbare and also discuss the various options you have. One of the options you discuss with him/her is the option of settlement or settling your claim outside the court. The decision to settle your claim outside the court or go to trial is a very important decision in your claim case. You should take the call only after careful deliberation and weighing all the pros and cons. Though the decision to go in for settlement wholly lasts with you, a good and experienced Personal Injury Lawyer in Sarnia, who has a good skill in mediation, can help you to come to the right decision.Before you listen to the offers being made by the insurance companies and the defendants, you should in consultation with your attorney have in your mind an approximate amount with a lower limit. It is essential to have the lower limit so that you do not come under pressure and accept any offer made by the defendant or the insurance company. There are many other extraneous factors that may sway your settlement decision. The most important factor is the type of offer you receive from the insurance company or the defendant. If the defendant gives an offer of compensation that is close to your pre-decided compensation with your Personal Injury Lawyer inSarnia, then you can accept the claim without any involvement of the court. But if the compensation offered is ridiculously lower than your expectations and even after negotiations, you do not reach a decision, you can meet in the court. You can coerce the defendant by using the court as leverage in the negotiations.There are many reasons why you should prefer to settle your case outside the court via the process of settlement. Risk: All trials have an inherent risk for all the involved parties. The plaintiffs who had rejected the settlement offer, but lost in the trial would get nothing. They would infact lose a lot more in the form of legal fees and other expenses. On the other hand, if the defendants refuse to accept the compensation amount demanded by the plaintiff, stand a huge risk of getting the compensation amount enhanced many times over the initial offer. It is highly impossible for the most experienced and expert Personal Injury Lawyer inSarnia to predict how the jury will decide the case. Cost: Court cases cost lot of money as in addition to the fees of the lawyer, there are numerous other overhead expenses such as the court fees and the cost of the stationery. Delayed compensation: Out of the court settlement gives the plaintiff an opportunity to get the compensation amount quickly as he/she has to incur medical bills along with source of income lost. On the other hand, the court cases take a long time and hence the plaintiff and his/her Personal Injury Lawyer in Sarnia stand to lose the advantage of the higher compensation amount.
4. Filing A Claim For Pharmaceutical Drug Injuries With Injury Lawyer In Sarnia You have taken a prescribed pharmaceutical drug and instead of getting the desired relief, you are suffering from severe side-effects. If you have not been warned by your treating doctor, pharmacy or the manufacturer or the side-effects have proved to be quite dangerous, then you have full right to file for damages. You can file the lawsuit with the help of an experienced pharmaceutical drug Injury Lawyer inSarnia. At the same time, you must remember that if your treating physician has properly advised you regarding the potential risks and you still feel that the outcome is worth taking the risks, then you cannot claim damages for the grievous side-effects.If you have any doubt about the eligibility of filing the claim, you can always consult the injury attorney. It is very important that you consult the injury attorney who has the experience of dealing with cases related to pharmaceutical drug injuries. This is because only such an attorney will have a proper team of the requisite experts from different fields that will help in investigation and collection of evidence. When you meet the pharmaceutical drug Injury Lawyer inSarnia for the first time, you should carry with you all your medical reports and records. If after going through your reports, the attorney feels that there is substance in your allegations, he/she will proceed with your case.Depending upon the uniqueness of your case and the circumstances, the defendants would be decided and responsibilities would be fixed. Depending upon the evidence and circumstance of your case, there can be a possibility of multiple defendants. Some of the possible defendants are: Manufacturer: Most of the pharmaceutical manufacturers are large companies and have teams of high-priced lawyers for defending their cases. Hence, you have to be very clear about your facts before you take them on. Testing laboratory: Before being released into the market, the drug undergoes series of tests. Hence if there is defect in the manufacturing, then your pharmaceutical drug Injury Lawyer in Sarnia will include the testing laboratories too for negligence. Pharmaceutical sales representative: The pharmaceutical sales representative is usually the link between the drug manufacturer and the members of the medical fraternity. He/she explains the latest drugs available and makes recommendation regarding their usage. If the drug given to you was recommended by him/her then you can hold him/ her also responsible. Doctor: The treating doctor who has prescribed the pharmaceutical drug that caused harm to you is also held responsible as he/she is the part of distribution chain of the drug. The doctor also faces charges of neglect for his failure to warn you about the potential dangerous side- effects of the prescribed drug or give adequate instructions about the proper usage of the drug. Hospital or clinic: The hospital or the clinic that is part of the distribution chain of the drug will be held liable for your injuries. Pharmacy: The pharmacy is the final point in the distribution chain and is the link to you. If the pharmacist fails to give you adequate warnings and instructions, then your pharmaceutical drug Injury Lawyer in Sarnia can also include him/her as a defendant.