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Personal Injury Questions

What is personal injury?

When a person has injury to their body, mind, or emotion then this is to be considered a personal injury. This type of description is generally used when a type of tort lawsuit alleging that the person’s injury was cause by negligence of someone else and can also include defamation. Road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents, and holiday accidents are the most common personal injury claims that people make. In many cases, medical and dental accidents can also be considered personal injury. If the person is found to be negligent, then the injured person can receive monetary reimbursement. For questions that arise when dealing with the personal injury law contact the Experts.

If a person has a personal injury claim with a hardware store, how would they come up with an amount that they should ask for in a settlement?

If the person received injury in a place of business, then they would want to make sure that they are very methodical in the information that they include in their claim. In most cases, if the hardware store is a large outfit, then they will generally try to only pay the medical bills and nothing more. The person would need to list their losses from most important to least important. Medical bills, future medical treatment, pain and suffering in that past, future pain and suffering, past and future impairment, mental anguish, lost wages, and loss of income earning capacity are the things that the person should sit down an figure up when sending a demand letter for settlement. In the letter the person would need to explain how the store was negligent and how the store is liable for the damages. The person would need to make sure that they demand payment by a certain time and if the payment is not received, then the person would file a law suit.

In the state of Washington, if a person receives a personal injury in a car accident should the attorney have informed the client of the limitations so they could make a decision to pursue a settlement?

In the state of Washington, the attorney that the person hired would generally inform the client of the statute of limitations so that the client can make a decision on if they wanted to pursue a suite against the other driver.

If a person receives a personal injury settlement while they are married and then files for divorce, can the person use the settlement in the divorce proceedings to prove that the settlement money was for their own injuries?

In most cases when there is a settlement during a marriage, then the settlement is generally used as marital property. It would be the other person’s responsibility to prove that the settlement money was for their own personal injury and not for lost wages and other things.

If a person files for bankruptcy, can they reopen the bankruptcy case if they file a personal injury case?

In most cases, of the person had the accident before the filing of the bankruptcy, then they would need to list any claims or future claims that they receive in the bankruptcy case. If the accident happened after the bankruptcy was filed, then the trustee of the bankruptcy cannot go after any settlement that the person receives. If the person received the money after the bankruptcy, then the person can object to the money being given to the creditors.

Personal injury can affect a person’s life. When a person is injured in any type of accident, then they may have questions regarding how to file a personal injury suit or what the laws are regarding personal injury. When they have these questions, then they should consult an Expert to gain the answers that they need.
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