Tuesday, May 14, 2019

Should You Sue After An Injury

I can think of a few times over the past couple of decades where I have been injured due to someone else’s negligence but, ultimately, decided I should just “deal with it” and move on. After a few of these injuries on top of a few bone and joint issues, I already had, I ended up being permanently disabled after all. I’m not sure what a lawsuit would have done in all of my cases or even one of my cases. But, I do wish I would have thought things through a little better. At least in a couple of cases.

I used to think it would be rude or maybe I just didn’t necessarily have to “go after” anyone for injuries that I otherwise would not have had had it not been for an unlicensed driver or a job that didn’t care about countless employees with similar injuries or the surgeon who failed miserably and ended up making matters far worse than what they were, to begin with. I figured I would be OK and would just eventually get better. It turns out, I was wrong and I could have possibly won a personal injury lawsuit and maybe at the least, had medical bills paid or my missed income paid for. So, what constitutes a legitimate personal injury lawsuit? If you would have asked me years ago, I would have said, “Oh, I imagine a case such as being run over by a truck and having your legs amputated.” Or “Having surgery and the surgeons do the wrong surgery that was actually meant for the patient in the room next to you.” If you would ask me now, I would say that you should seek legal help immediately after any injury, period. Why? Because, like in my case (cases), you may not have any idea how bad that injury could possibly be. Now, I would seek legal help right away, just in case I will need it.

You’re Injured, Now What?

Seek medical attention, of course! That’s a given! But, while the injury and the steps that led to that injury are still fresh in your mind, you should take the time to write everything down for your own records. Include any evidence you may have whether photos or witness names. The more information, the better. Continue to keep that notebook with you at all times so you can write down and record any phone calls, conversations, medical records, keep track of lost wages, anything that may help you when you confront the person, the insurance company, whoever is responsible for your injury.

Depending on the type of injury or accident, you may be unsure of exactly who is responsible for your injury. Naturally, auto insurance will be responsible for auto accidents, property insurance for an injury that happened on someone’s property, and so on. As soon as you determine who will be responsible, it’s probably best to go ahead and contact that person to let them know you have been injured. Depending on your state, or the state this happened in, you may only have a year from the date of the injury to file a claim so you should do this fairly quickly. Remember to log all of the conversations, letters, calls, jot down anyone and everyone you spoke with and dates and times. This will be extremely important whether you have an attorney at this point in time or not.

Contact a personal injury lawyer to help no matter how small you think your injury may be. They will be able to help you make decisions whether it will be in your best interest to seek legal action or possibly settle out of court. KFB law has an online chat set up as well as a number for you to call anytime so you can put your mind at ease!

Why Should I Consider A Personal Injury Lawsuit?

You may assume that your injury just isn’t so bad or that you should recover in no time and be able to manage on your own. As I mentioned earlier, I felt the same way in every incident I was involved with. Now, I am still fighting for disability, (I am currently on my 5th appeal.) and I have monthly doctor visits and medication even when I don’t end up with a new injury or issue. I wish I had thought ahead rather than assuming I’d be OK.

Consider the future and what type of injury you have. Did you end up with nerve damage? Did you break bones? Will this injury end up causing more pain and more medical problems in the future? Will you end up with arthritis or require surgery? There are so many things to consider! Has your quality of life been affected? Will it be affected by all of the medications, ongoing procedures, surgeries, and doctor’s office visits? How much will your co-pays be? How much income did you already miss? Will you be able to perform at your current job or will you need to be trained in another field or even worse, will you be able to work at all?

One of the most important things that a life-changing injury can affect quite severely, is your family. There really isn’t a way to put a price on something like this. But if you require things such as scooters, wheelchairs, braces, a medication that will help you get through your day, whatever you may need to be able to live your life to the fullest, you may want to consider discussing this with an attorney.

While I can still drive and take my kids to their after-school activities, games, lessons, whatever they are involved with at the time, I am out for several days afterward. The lack of mobility, pain, and swelling are enough to knock me out, almost literally! But, you have to do your best to live a “normal” life and give your children, grandchildren, spouse, your family, a “normal” life. Over the years, I have found so many ways to entertain and spend quality time with my children that don’t necessarily require me to leave the house and run around the block or walk to the park. I miss those things but, I do what I can. I lucked out in a sense considering I can still somewhat get around on a “good” day. But, often times, not everyone is as lucky. These are the things you need to focus on when trying to decide if a personal injury lawsuit is really worth it.

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