Category: Blog
What is the difference between bodily injury and personal injury?
Law is complicated and confusing. That’s why lawyers exist who went through years of school and standardized tests to learn how to represent you in court. One example of how slippery law can be is the differences between a personal injury and a bodily injury. They sound synonymous but are different and that difference is important.
Personal injury vs bodily injury
A personal injury is an injury that occurred as the result of some sort of accident–an auto accident, a slip & fall, a dog bite, or others–while bodily injury refers specifically to the physical injury to one’s body. This difference becomes important where your insurance is concerned which can have coverage for personal injury protection but not bodily injury liability. If you sustain an injury as the result of an accident you caused, you may not be covered for it.
How to calculate the cost
Some parts of your injury are easy to calculate. Your medical bills go into the cost and have hard digits right on the documents. This means ambulance costs, hospital bills, prescription costs, follow-up costs, and rehab costs. However, also part of this is lost wages if you can’t work and don’t have adequate disability coverage. Further, “pain and suffering” is calculated into the cost as well, quantifying the emotional and mental toll an accident can take on you and adding it to your potential settlement amount.
How a lawyer can help
When you get into an accident, it’s confusing and scary. The first thing to do is to take inventory of yourself and the accident site. Is everyone safe? Does anyone need medical attention? Call an ambulance if necessary and get yourself to a safe location. Once that’s done, document the accident site–the damage to you, the damage to any nearby property. Keep your mouth shut as well. Admitting fault in any way can come back to bite you later if your insurance determines you have a bodily injury claim rather than a personal injury one. Then call your lawyer and let them handle the battle with your insurance company and the ensuring administrative and documentation work. That’s what lawyers are for. They can negotiate with your insurance company, sue them on your behalf, gather and organize necessary documents, call experts for consultation and testimony, and find you witnesses. Having a lawyer is key in your personal injury or bodily injury case.
Your insurance company may try to pull a fast one on you to avoid paying you what you’re owed. You need to prove liability for an injury to avoid being slapped with a bodily injury claim rather than a personal injury claim. Contacting a Denver personal injury attorney can be the key to getting the money you’re owed for your lost wages, medical costs, and pain and suffering as a result of someone else’s negligence. And we want to help. Contact us today to get started on your consultation.
Do you need a lawyer after a car accident?
Think you can handle fighting for yourself after a car accident? Think again. You need an experienced car accident attorney on your side. Below are just a few of the reasons why you should seek out an attorney after a car accident.
Handling the Insurance Company
Insurance companies don’t stay in business by paying out on accidents. While you may be covered, there’s a lot of small tricks the insurance company can employ to keep from paying for your property damage and medical bills. If the insurance company is denying your claim, a lawyer will be key to getting the money you’re owed for your accident. Your lawyer can negotiate with the insurance adjusters, take over the claim for you, prepare written and verbal statements, and represent you should your quarrel with the insurance company go to court.
Determine the Value of Your Injuries
Even if you were injured, how do you know what you were owed? It’s not always about the actual medical bills. Part of the settlement also includes any lost wages from time spent away from work and any pain and suffering you endure. Your lawyer will look at past and future medical bills, calculate the exact amount of your lost wages, and find ways to quantify your pain and suffering into a physical, monetary amount. You could lose a lot of money if you leave it up to yourself to figure out how much you should seek.
Prove Liability
A difficult part of car accidents is proving you is at fault. There’s a lot that goes on during an accident and a lot of factors can lead to two vehicles colliding. Proving another’s liability in your injuries is difficult. And because the person at fault often foots the bill, both sides will work to blame the other which can get messy and confusing fast. That’s where a lawyer comes in. Your lawyer can get expert testimonies and consultations, reconstruct the events of the accident, obtain the accident report from officials, gather and organize medical records, and oversee the interviewing of any witnesses who were there. You can’t handle all that on your own.
File Any Additional Suits
While a car accident obviously falls under car accident law, many times those cases can also be a part of personal injury. This is a slightly different area of law and could be worth more money for you in settlement. But it’s complicated and not something you can simply take on on your own. Only an experience lawyer can tell you the full extent of what you can sue for in court and how much you can seek.
If you’ve been in a car accident and need a lawyer, Lampert and Walsh can help you take on your insurance company and bring your case to court.
How much is a good settlement for a motorcycle accident?
If you’ve been injured in a motorcycle accident, you need to know what your options are. A good settlement can help you pay your medical bills and get back on your feet again. There’s no “one size fits all” when it comes to settlements. Your options will depend on a variety of factors, including the type of injury you sustained, the severity of that injury, and whether or not anybody else was at fault for causing the accident in the first place.
First things first, determine who was at fault. Determine the insurance situation, and determine any injuries and medical costs you accrue as a result of the accident. All information is going to be vital to your case and eventual payout, should your case go to court.
What do I do after a motorcycle accident?
First, seek medical attention if necessary and call any emergency services you need. Once you ensure everyone involved is uninjured or is getting the medical help they need, you should document the accident. Take pictures of the scene, of your vehicle, of any injuries. Then you should call your insurance and, if necessary call a Denver motorcycle accident attorney.
Why you should hire an attorney for your motorcycle accident lawsuit?
It may not be obvious at the time of the accident what it could cost you. There are medical bills and property damage that may or may not be covered by insurance depending on the insurance policy of the person at fault. If you’ve been in an accident, you should call an attorney as quick as possible to ensure you’ve got adequate representation and adequate legal counsel.
Why getting medical attention is important after a motorcycle accident?
Not only do you need to look out for yourself, but your medical care will become part of your case. You should document everything about your injuries and medical care. Get any diagnosis in writing, save receipts from hospital or doctor’s visits, and if possible get your doctor to sign off on any documentation of your injuries. All of this will become part of your case and, potentially, part of your settlement.
What to do if the other driver isn’t insured or doesn’t have insurance that will cover your damages?
This is why it’s important to have an attorney. If the other driver wasn’t insured or underinsured and you don’t have insurance to cover it, then you’re going to need to go to court. An attorney is the only way you’re going to get what you deserve after an accident, especially if the driver at fault was underinsured.
How do I find a lawyer for my motorcycle accident case?
Call us. We’ll be your advocate for your motorcycle accident. We’ll offer you an initial consultation to find out if you’ve got a case and then we can go from there.
What kind of cases do personal injury lawyers handle?
Personal injury can mean a lot. In fact, it can mean so much that you might not even realize when you have a case on your hands. Luckily we have the info you need to know if you should get a consultation of a Denver Personal Injury Attorney.
Auto Accident
This is the most common type of personal injury accidents and also the most costly. Automobile accidents include motorcycles, cars, and trucks, anything you drive. The key to an auto accident is that you have been injured and were not at fault for the accident. Beyond that there may be different laws in your specific state that dictate a personal case and how much compensation you can hope to get for it. You need to do research and seek out a consultation of a Denver car accident lawyer.
Slip & Fall or On-site Injury
If you’re on public or private property and are injured, you’ve got yourself a personal injury case most likely. The most common of these types of cases is called slip & fall which usually involves some form of unmarked hazard (such as wet or uneven floor) causes an injury to you.
Dog Bites
If someone’s dog bites you, you have the right to hold them accountable and have them pay any medical costs that come with treating the wound or getting necessary rabies shots. Dog bites can be dangerous. Be warned though, in some states even a single biting incident could result in the animal being euthanized if you attempt to seek legal justice. It’s best to have a conversation with a lawyer about your case before making any decisions.
Medical Malpractice
Sometimes the treatment for something becomes worse than the injury or condition itself because of someone’s neglect or malpractice. Doctors take an oath to do no harm but it doesn’t always work out that way. If you are injured as a result of a medical professional’s negligence–such as a misdiagnosis, lack of care for bedsores, unsanitary conditions, a botched procedure–you may have a medical malpractice case on your hand. Common cases in this vein are issues of neglect in long term care facilities.
Wrongful Death
The next step up from medical malpractice is a wrongful death case, though it does not always have to involve medical professionals. While a loved one’s death from a botched surgery or a misdiagnosis or neglect qualifies, you may also have a case if your loved one died as a result of an unsafe environment (such as a construction site) where the area was unmarked.
We want you to get everything you’re owed if you’re the victim of a personal injury. We’re here for you to make the first moves on your personal injury case. Contact us today to get started on your case evaluation and we can see what we can do for you to make right the ways in which you were wronged. Don’t wait until it’s too late to make a move on your personal injury case.
What is Considered to be a Personal Injury?
Automobile Accident
This is the most common type of personal injury that can occur. Automobile accidents include motorcycles, cars, and trucks. In order to have a personal injury case from an automobile accident you must have not been at fault for the accident and have been injured as a result. Beyond that there may be different laws in your specific state that dictate a personal case and how much compensation you can hope to get for it.
Slip & Fall or On-site Injury
If you’re on public or private property and are injured, you’ve got yourself a personal injury case. The most common of these types of cases is called slip & fall. This type of personal injury case has to do with the environment and the safety conditions in the area where the injury happened. If there wasn’t proper signage or precautions in place to prevent an injury in an unsafe area (such as a wet area, uneven ground, etc.) then you may have a personal injury case.
Dog Bites
If someone’s dog bites you, you have the right to hold them accountable and have them pay any medical costs that come with treating the wound or getting necessary rabies shots. Be warned though, in some states even a single biting incident could result in the animal being euthanized. It’s best to have a conversation with a lawyer about your case before making any decisions.
Medical Malpractice
Sometimes the treatment for something becomes worse than the injury or condition itself. Doctors take an oath to do no harm but it doesn’t always work out that way. If you are injured as a result of a medical professional’s negligence–such as a misdiagnosis, lack of care for bedsores, unsanitary conditions, a botched procedure–you may have a medical malpractice case on your hand.
Wrongful Death
The next step up from medical malpractice is a wrongful death case, though it does not always have to involve medical professionals. While a loved one’s death from a botched surgery or a misdiagnosis or neglect qualifies, you may also have a case if your loved one died as a result of an unsafe environment (such as a construction site) where the area was unmarked.
Defamation
Many don’t realize that your reputation is also a part of personal injury. If you’re facing someone who has slandered you and somehow caused irreparable reputation damage, you may have a personal injury case on the grounds of defamation of character. A lawyer will be able to help you decide if you do.
We want you to get everything you’re owed if you’re the victim of a personal injury. Contact us today to get started on your case evaluation and we can see what we can do for you to make right the ways in which you were wronged. Don’t wait until it’s too late to make a move on your personal injury case.
Do I Need a Lawyer for a Personal Injury Claim?
What is Personal Injury?
Personal injury is a broad category of law that encompasses all forms of injury to your physical person as well as emotional, mental, and reputational injuries. Common personal injury cases included construction site injuries (passersby and construction workers), medical malpractice (injured patients), all forms of motor vehicle accidents (car, truck, and motorcycles), premise liability (slip and falls), traumatic brain injuries (lifetime care and management cases), wrongful death (holding those accountable for avoidable fatalities), dog bites, and defamation. If you’ve been injured in some way as a result of someone else’s action or property, it’s best to check and see if you have a case.
How do I know if I have a case?
This isn’t a decision you make on your own, it’s what consultations are for. Each case will very based on situation, context, and the state it happened in. Even the type of injury will decide if you have a case (for example if you were in a car accident, you must not have been at fault). It’s all very complicated and something you shouldn’t tackle on your own.
What damages are available in this case?
Each case is different, but most commonly, compensatory damages are what you’re looking at. This covers economic and non-monetary damages. Economic damages includes anything tangible such as medical bills, lost incoming, property damage, and the cost of any future treatment to restore quality of life. Non-economic damages includes what is not so objective and tangible such as mental anguish, pain and suffering, and loss of quality of life. All damages must be able to be awarded quantifiably. A less common form of damages is punitive which, as the name implies, are intended to punish the defendant to deter future behavior.
How long does the process take?
A very small percentage of personal injury cases actually go to trial. The vast majority end in some sort of settlement outside of court. That doesn’t mean it makes the process any faster though. It takes time to reach settlement which often involves not just the defendant but their insurance company as well as their own legal teams. The more money at play, the longer it will take to reach settlement. The same goes for the complexity of any case which can lengthen the process as the insurance company fights different liability pieces.
How do I pay medical bills until we reach settlement?
Unfortunately, you will have to cover the cost of your medical bills initially. But there are programs you may qualify for that a personal injury lawyer can help you with. The Personally Injury Protection program can be used to cover medical bills after a motor vehicle accident. You also should talk to your insurance company about what they cover in this situation. Your lawyer can also help you with those conversations.
If you believe you have a case, don’t hesitate to contact Lampert & Walsh to get a consultation on your case!
Will a Car Accident Attorney Settle My Case?
When it comes to car accident lawsuits, most cases do reach a settlement before trial. In fact, one study showed that nearly 95 percent of personal injury lawyers settled their car accident cases. There are several reasons why your Denver car accident attorney can easily settle before your case goes to trial. Find out more here.
Trials are Unpredictable
Between the defendant and plaintiff, plus their attorneys and insurers, a lot goes into a trial. This process can be extremely confusing and bring unexpected results. The benefit of settling before the trial proceeds is beneficial to all parties. There’s a level of clarity and relief if both parties can settle and move on. Agreeing on a settlement amount up front forgoes the need for a trial and the potential for even more financial loss.
Settling Requires Less Work for Insurers
It’s in the insurers best interest to settle early and resolve the claim as quickly as possible. This is because an insurance company’s goal is to pay out as little as possible. They may try to get a statement from you, as well. Never admit fault when speaking to an insurance adjuster. Always speak to your attorney first so that the insurer doesn’t have fodder to bring up later in court. Additionally, don’t agree to an unfair settlement amount from the insurer. A Denver car accident attorney can help get you fair compensation for your losses.
Both Sides Save Money
Cases often settle before trial because of litigation costs. Cases can go on for years. This leaves both sides spending much more money than originally planned. Cases that don’t settle right away require much more time and energy, as well. You and the other party’s attorneys will need to produce documentation and find witnesses. Settling early ensures that these extra fees and steps are skipped.
Everyone Wants Closure
Overall, it’s very likely that your car accident attorney will settle your case. When it comes to car accidents, everyone involved wants closure. Deciding on a settlement amount right away is in the best interest for all parties involved. This includes the plaintiff, defendant, insurers, and attorneys. Most attorneys are juggling several cases at once and will actively seek settlement before trial. Insurers want to close out claim files quickly without overpaying. Neither plaintiffs or defendants want a trial that goes on for years. The most efficient way of moving forward is with an appropriate settlement agreement that both parties agree on.
Contact Denver Car Accident Attorney
Taking the proper steps after a car accident claim is crucial. Serious car accidents often cause financial burdens due to personal injury. If you are looking for financial compensation due to a car accident, it’s essential to work with the right attorney. Lampert & Walsh have over 15 years of experience in settling car accident cases.
Our professional personal injury attorneys can help achieve a settlement amount quickly. We’ve helped countless accident victims successfully navigate their civil litigation cases. Contact our office to get your settlement case started today.
Can I Take a Class to Learn Motorcycle Accident Prevention?
Motorcycle accident prevention and safety classes are a great investment for both new and skilled motorcyclists alike. These courses combine the use of both in-classroom and hands-on riding time. They not only provide motorcycle license preparation but license endorsement as well. Most safety courses are approved by your local DMV. However, you can also check with the Motorcycle Safety Foundation for recommended courses. Learn more about these much-needed safety courses for motorcycle accident prevention and what you’ll need to get started.
Motorcycle Safety Course Benefits
Although some motorcycle safety courses are required before you get your license, it is beneficial to all riders at any point. That is because there is a high percentage of motorcycle accidents that occur on the road. 56% of motorcycle accident deaths occur because of head-on collisions with other vehicles.. Taking a safety course with a professional instructor helps give the insight and knowledge needed to drive safely. It could also reduce the risk of personal injury due to a motorcycle accident.
Safety Course Pre-Check
These much-needed accident prevention courses are easy to fit into any busy schedule. That is because these courses usually range from 15 to 20 hours of instruction time spread out over a few days, or maybe even weeks. The first section of the class will either be inside a classroom or may even be available online. Your instructor will review rider safety tips, basic controls, and driving skills during this portion of learning. Be sure to check with your instructor regarding any necessary materials or handbooks. You can ask for recommended reading materials as well. Since each state has different requirements, it is essential to stay up-to-date on our Colorado motorcycle laws.
To. be prepared for your initial class, consider bringing a notebook or laptop to take notes. Additionally, it is important to wear the right clothing for the hands-on portion of the course. Most instructors recommend a long-sleeve shirt and pants. You should also bring eye, hand, and head protection.
More About Motorcycle Accident Prevention Classes
After performing your in-class instruction, it is time to practice your new or refreshed skills. When it comes to motorcycle prevention, hands-on practice is extremely necessary. You will learn several scenarios and how to handle them safely. These exercises are important, even for skilled riders. This portion of the class helps riders to feel safe and competent, no matter the scenario.
Most motorcycle safety classes teach you a variety of different skills. These include:
- How to navigate around objects on the road
- How to change lanes safely
- How to make u-turns
- Tips on how to brake, accelerate, and shift gears
You will need all of these skills, plus the in-class instructions and tips, to prevent motorcycle accidents. No matter the skill level, motorcycle safety courses are an important part of staying safe on the road.
Denver Motorcycle Accident Lawyer
No matter how many safety courses you participate in, accidents can still happen. Riding a motorcycle has its dangers, and you should always be prepared for an accident. If you do find yourself involved in a motorcycle accident, a Denver motorcycle accident lawyer can help. Call Lampert & Walsh with questions regarding motorcycle awareness courses or if you have been involved in a motorcycle accident.
What Should I Do if a Semi Truck Hits Me?
In many ways, an accident with a semi-truck is more stressful than with another vehicle. These massive trucks cause more damage to your vehicle and yourself. Getting medical help after a truck accident is one of the first things you should do. However, you may be wondering what your next steps are in the aftermath of the accident.
Did you know that filing a legal claim after a truck accident is different from a car accident claim? Know how to protect your legal rights by following these tips if you’re in a semi-truck collision.
Initial First Steps
Document the scene
If it is safe for you to be out of your vehicle, and if you are well enough, take time to document the scene around you. Simply taking a few pictures of the license plate of the truck and other vehicles involved is enough. However, if you want to be a little more thorough, get as much of the following information as possible.
- Note the weather, visibility, and road conditions
- Get the other driver’s personal contact information
- Get the name of the driver’s trucking company and employer
- Take a picture of the other driver’s insurance information and policy number
- Record any other identifying information
Keep your cool.
You have a right to be upset or angry. However, outspoken unpleasantries could cause problems later on. It’s best to keep a clear head so that you can pay attention to everything happening around you. Additionally, you don’t want to admit to fault or liability. Although you’ll want to give a statement to the police, you can keep it simple. Even if you are partially responsible, a Denver truck accident lawyer can help reduce your liability.
File a police report
The easiest way to obtain immediate documentation of the accident is through the police report. Get in contact with the officers who arrived first at the scene of the collision. It’s their job to maintain accurate records of the accident – like who was involved and their statements. This can help determine who was at fault and assist in any legal battles.
Attend to injuries
Semi-truck accidents often result in serious personal injury. Be sure to request a full medical evaluation with your doctor. Get a copy of all medical records pertaining to the accident and keep them organized. This includes copies of receipts and medical insurance documentation, as well.
When to Call a Denver Truck Accident Lawyer
If you or a loved one have been involved in a semi-truck accident, a Denver truck accident attorney can help. You may think that simply talking to your insurance company is your first step to coverage. Unfortunately, their objective is to pay out as little as possible. In order to fully cover your claims and protect yourself legally, you’ll need to the help of a skilled attorney.
There are so many complications when it comes to truck accidents. Let the attorneys at Lampert and Walsh advocate for you. From contacting the trucking company to navigating through federal regulations, you’ll get the settlement amount you deserve.
What to Know About Personal Injury Claims
If you were hurt or a loved one died due to the negligence of another, there are a few things you must know about our Personal Injury Law Firm in Denver.
Personal Injury is More than Car Accidents
Although car accidents and other types of motor vehicle collisions make up a huge number of personal injury cases, personal injury cases can be for a variety of reasons. They can also relate to defective consumer products, accidents caused by unsafe premises, dog bites, and wrongful death.
Settlement Offers Are Not Always Fair
Insurance providers always are going to work as hard as they can to limit what they pay for medical expenses and other damages in the interest. This means that when undervaluing your claim, they will leave you facing financial struggles. Especially in the case of being unable to work due to injuries.
Having a Good Lawyer Matters
Victims of severe injuries typically face huge amounts of expenses. This also leads to being unable to work, and even requiring long-term rehabilitation. Having a personal injury claim led by an attorney who understands the physical, financial, and mental hardships, is important. This will facilitate the best opportunity for getting compensation. It will also help to relieve your stress and give you the chance to focus on your recovery.
Your Lawyer Should Be Experienced
Your lawyer needs to have been through many of the same cases in order to handle yours properly. At our law firm, our lawyers have the wisdom and knowledge to negotiate the best settlement possible. Couple that with experience and resources, and you will be able to thoroughly investigate and aggressively pursue your claim.
Compensation can be Extensive
Compensation in personal injury cases may provide money for medical costs, loss of earning through work, property damage, as well as pain and suffering. When it comes to wrongful death cases you may be given compensation for more. These include:
- Funeral and burial expenses
- Loss of financial support
- Loss of benefits
- Related medical expenses that were incurred before death
- Loss of companionship
Your Case May Take a While
When it comes to medical expenses, not being able to work, and the stress of it all, you may feel pressured to take the first offer that the insurance company gives you. Before accepting any offer you should discuss your options with an attorney this may make it take longer but will allow you to recover the financial security you need.
Cases Can Settle Out of Court
Most personal injury cases are settled out of court. Whether this is through negotiations with an insurance provider’s representation, or through the mediation process. Lawyers work to achieve an agreeable settlement on your behalf, but if needed, you can take it to trial. Contact us today to learn more about what we can offer you and how we can help you get the best settlement.