Friday, September 7, 2007

What You Can Expect From An Insurance Settlement

What Kinds of Compensation Can You Receive?

If you have been injured in an accident, you have rights. You have the right to recover money damages. However, what you are entitled to varies from state to state. I will address Nevada law since that is where I practice. However, I will also comment on issues that you need to identify within your own state. You are entitled to recover from the person who hurt you for all of your losses. You are entitled to be made whole. This general rule has been altered in states where there is no-fault insuance or where there are recovery caps on damages. Otherwise, here are some of the kinds damages you are entitled to:

Repair or replacement of your damaged property, including the car and other personal property
Loss of past and future wages and earning capacity
Payment of medical bills relating to your treatment from injuries sustained in the accident, including anticipated future medical expenses
Compensation for your pain and suffering, mental and physicalpast, present and future.

It is very important you know the value of these things and your potential for recovery before settling with the insurance company.

How Much Are My Damages Worth? There are different ways of valuing your case. Your case is worth (1) what you are willing to be paid, (2) what the insurance company is willing to pay, or (3) what an arbitrator, judge or jury says it is worth. Attorneys and insurance companies keep track of these figures, and there are even books and databases that contain this information.

There are several ways of convincing an insurance company, judge or jury what your case is worth. The main thing is to provide documentation of all of the losses you have sustained. You have to document ALL of your losses in order to prove your case to the insurance company. After all, they are not in the business of handing out money. You have to prove your case.

Often, you will think your case is worth more than what the insurance company is willing to pay. Hiring an attorney with legal expertise will help you put a fair value on your case. Without professional help, you can research the value of your case in a library or on the Internet. These methods will not be as valuable as hiring your own professional.

How Do I Recover Money? Typically, in order for you to recover money from the insurance company, you must suffer injury or sustain damages that caused by the negligence of a person or business that is a client of that insurance company.

When Will I be Paid? Most of the time, you will not be paid the money until long after the accident, after you have finished treating for your injuries, your prognosis is known, and after the insurance company has had a lot of time to evaluate your all of the available evidence: the police report, witness statements, recorded statements of you and the other driver, the medical records and bills, and wage loss information. Usually it will take 6 to 9 months before you see a recovery.

You do not have to accept the first offer the insurance company makes you. You have the right to make counter-offers if you do not feel their offer is fair. Many people seek professional advice from an experienced attorney regarding this decision.

Once you agree on a figure, you sign documents releasing the adverse driver, their family and insurance company from any future obligation to pay.

Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultation. He has a bilingual office staff (Spanish) and he speaks Italian fluently.

For more information about this article or the services he offers, call direct 702.228.4777 or toll-free 1-866-LAW-4HIRE, or visit www.craigperry.com

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Tire Tread Defects Lead to Catastrophic Accidents on Nation's Roads

Truck accidents account for over 20 billion dollars a year in damages, according to the Federal Motor Carrier Safety Administration. Trucks, especially semi tractor-trailers are complex machines made up many systems that must all work correctly at the same time to avoid breakdowns, accidents and tire blowouts or tire tread separations.

Defective tires can cause catastrophic truck and car accidents as they happen suddenly, and drivers are often unable to maintain control of a vehicle whose tires have blown. When the tire blowout occurs to a rear tire, controlling the vehicle becomes very difficult, especially driving at speeds common to most highways. The loss of control often results in the rear of the vehicle swinging around to become perpendicular to the direction of travel. The resulting tire failure is exacerbated by the high center-of-gravity vehicle design found in vans, light trucks and SUV's.

Over the last several years, there have been multiple large-scale tire recalls. Despite the numerous recalls, defective tires continue to cause devastating accidents and fatal crashes. Many consumer safety groups are pushing for an investigation by the National Highway Traffic Safety Administration (NHTSA) into the effectiveness of the consumer replacement programs put in place in 2000 and 2001 by several major tire manufacturers. Manufacturers including Goodyear, Dunlop, Bridgestone/Firestone, Cooper and Uniroyal have issued recalls to reimburse for or to replace specific models of tires that have a tendency to crack and split. The cracking and splitting cause the tire belts to separate from the casing.

Manufacturers are legally responsible for notifying consumers of tire defects in the hopes of preventing crashes, serious injuries and deaths. However, many of the large manufacturers continue to make, market and sell tires they know are defective.

Tread failures begin as small cracks on the side of the tire where the serial number is found; these tread failures are a result of design and manufacturing defects. Small cracks, which are virtually invisible to the naked eye soon give way to larger cracks that develop between the tire's belts and cause premature tire fatigue and tread failure.

The fatigue life of a tire should exceed its tread life in well-made tires. The tread life is the length of time it normally takes to wear down tire treads. However, design and manufacturing defects cause substantially shorter fatigue life and can lead to devastating accidents resulting in injuries and death.

If you or a loved one has been involved in a truck accident caused by a defective tire in Jacksonville or anywhere in Florida, please visit the website of the experienced Truck Accident Attorneys at Hardesty Tyde Green & Ashton, P.A.

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