Reasons Your Personal Injury Claim May Be Rejected

If you have been injured, physically and you want to claim for compensation against the responsible party or parties, then it is crucial that you understand the common reasons why personal injury claims are rejected by insurance companies. Here are the most common reasons your personal injury claim may be rejected by insurance companies as listed by Albuquerque personal injury attorney.

Your Claim Was Denied Because You Cannot Prove Fault

For example, if you hit a mailbox while backing out of your driveway and can’t prove that it was poorly placed or maintained by another person or company, then it is unlikely that you will receive compensation for your damages. Additionally, if fault cannot be proven as in many car accidents, then a court is unlikely to award any money for injuries.

The Severity of Your Injuries Did Not Match Up With the Cost Incurred By another Party

If your injuries are not severe, insurers and other third parties will assume that you are exaggerating or overstating your injuries. This is to discourage claimants from making claims for what they consider minor injuries. The onus will always be on you as a claimant to demonstrate why it was reasonable for you to incur X cost due to these minor injuries, which can take time and money.

Insurance Company Could Find No Proof 

When you file a personal injury claim, you'll have to prove to both yourself and your insurance company that an accident occurred. If there is no proof that an accident actually took place (for example, if it was not witnessed by anyone or if you don't have a police report), then it will be difficult for you to file a successful lawsuit in civil court.

Pre-Existing Conditions Can Cause Denials

In any kind of insurance claims, including those involving automobiles, there’s a chance that an insurer will deny coverage or raise premiums on policyholders if they have a pre-existing condition. This is also true in most cases involving personal injury claims. Some common examples of pre-existing conditions include chronic pain conditions like migraines and arthritis. Some less common but well-known pre-existing conditions are obesity and diabetes, which are often thought to cause more accidents or injuries.

You Filed the Lawsuit after the Statute of Limitations Period Expired

Almost every state has a statute of limitations that restricts how long after an accident you can file a lawsuit. The time limit for filing personal injury claim differs from one state to another.

If you’ve been injured in an accident and decide to file a personal injury claim, there’s always the possibility that your claim may be rejected. So, it’s important to seek the legal assistance from the attorneys of personal injury law firm Albuquerque. For more help from personal injury or car accident lawyer Albuquerque NM, please get in touch with a reputed law firm in your place.

Factors to Consider When Looking For a Criminal Law Firm

If you’re accused of committing a crime, you’ll need to hire an attorney who specialises in criminal law. Even if you think you didn’t do anything wrong, it pays to have your interests represented by an expert in this field just in case there are any loopholes or technicalities that the prosecution might use against you in court. Fortunately, there are many criminal law firms Sydney out there who can help you get through this trying time. Here are a few factors to consider when looking for the right one for your case.

Confidence

The right criminal law firm should have confidence in its experience and expertise as it relates to helping clients with their criminal defence. Make sure that you’re meeting with a criminal solicitors Sydney who represents clients charged with similar crimes. If they don’t specialise in your particular area of crime, look elsewhere. Confidence shows that they know what they’re doing, so you can feel confident about how your case will be handled if you choose them.

Communication

Is their communication timely, detailed and informative? Do they provide you with all of your options, regardless of whether you choose them or not? Are they easy to reach by phone or email? How does it feel when you have a question? Does it feel like no one cares about your situation as much as they should? Do you get an answer within 48 hours? Is there any reason to think that would change if you hired them?

Reputation of the Law Firm

While it might be true that you can’t judge a book by its cover, criminal law is one area where you should take more than just a quick glance at someone’s resume. A good rule of thumb: don’t hire a lawyer with a track record of losing cases. Even if they get your case thrown out, do you really want them in court arguing your side? With so many prominent law firms around today, choosing wisely is crucial as is checking references and looking into past cases.

Reviews on Google

Reading online reviews is an excellent way to screen and choose the right criminal lawyers Sydney. Do they have multiple dissatisfied clients? If so, it’s probably best to look elsewhere. One important thing to keep in mind when reading these reviews, however, is that one unhappy client could easily create multiple accounts on Yelp or Google.

Experience/ Litigation history

Hiring a firm with an established record of success can help provide you with piece of mind knowing that your case is in good hands. Always ask about their litigation history and success rate. An experienced law firm will have a track record of handling cases similar to yours, so you’ll know what to expect during every step of your case. 

Asking how many years they’ve been practicing law may not be enough, since some lawyers are new but have handled hundreds of cases over their career, while others are new to practicing law but have no experience whatsoever.

Consider these factors when looking for a criminal law firm in Sydney. Make sure to choose a lawyer who works on client’s interest.

Construction Site Accidents That Could Lead to a Personal Claim

 

As a construction worker, you’re almost constantly exposed to situations that could potentially lead to an accident on the job site. This could include anything from falling from ladders or scaffolding to being struck by heavy machinery, and all of these situations can have serious repercussions in your life, both physical and financial. 

In some cases, it may be necessary to file a personal injury claim against the negligent party after you’ve suffered an injury. It’s important to seek the advice of a personal injury attorney in Belen to claim the compensation you deserve. 

Here are the most common construction site accidents that can lead to personal injury claims if they happen to you or someone you know.

Slip & Fall

Slip & fall accidents can happen anywhere—even on an asphalt parking lot. If you’ve slipped and fallen, it’s important to talk with an attorney of a reputed personal injury law firm Belen nm who can help you understand your rights and take immediate action if appropriate. With millions of slip & fall cases filed each year, some are bound to slip through the cracks.

Electrocution

If a power line falls onto your property, it’s likely covered by your homeowners’ insurance. However, if you or one of your family members touched that downed line, you might have some grounds for a personal injury claim against an electrical utility company. (You may want to speak with an attorney before taking any legal action.)

Crushed by Falling Objects

Although it’s scary and horrible, falling objects are common in construction zones. The most common result of falling objects is broken bones—but crushed organs, skull fractures, and concussions are also very real possibilities. If you or someone you know has suffered one of these injuries because of an object that fell from a construction site, you may be able to file a personal injury claim. 

Injuries Caused by Heavy Machinery

Heavy machinery can cause serious damage in an instant. It’s difficult for workers to watch out for large machines as they move throughout a construction site; whether they’re moving them, fixing them, or operating them, accidents are bound to happen. According to data from OSHA, more than one-third of construction site accidents result from being struck by heavy machinery.

Injuries Caused by Collapsing Structures

One of the most common construction accidents is when a scaffolding or structure falls on workers. If an unstable piece of construction equipment topples over and injures you, then you may have cause for filing a personal injury claim.

Injuries Caused by Chemical Burns

In a perfect world, construction sites would be perfectly safe for workers. But in our world, construction sites are full of hot tools and chemicals that could lead to serious chemical burns. If you suffer from chemical burns on-site, contact an attorney immediately; they can help you file a personal injury claim against your employer.

Occupational Disease Claims

If you were exposed to toxic chemicals or harmful substances at work, there is a possibility that your employer failed to provide you with a safe working environment. This can lead to serious medical conditions such as cancer and severe respiratory problems. The first step in filing an occupational disease claim is usually consulting with an attorney who specializes in these matters.

Don’t delay if you were injured in an accident at work as there are time limits on filing claims. No matter the claim, our personal injury or car accident lawyers in Belen, can help you claim the compensation you truly deserve.

What Should You Do If You're Accused of a Crime?

Whether it's true or not, being accused of committing a crime can be very scary and overwhelming. You could face prison time or hefty fines if you’re convicted, so it’s important to know what to do if you’re ever charged with committing a crime and how to stay out of trouble in the future. Our criminal solicitors Sydney have compiled a list of things you need to do if you are accused of criminal charges. 

Notify Your Attorney 

The first thing you need to do is approach one of the best criminal law firms in Sydney and let them know that you have been accused of criminal charges. Criminal lawyers can offer advice and help you take further action. A good lawyer can help you understand your case and provide valuable guidance. 

Remain Silent and Find out What’s Happening 

It’s every citizen’s right to remain silent. Never speak to a police officer or any officer when you are interrogated. Please be aware that anything you say can be used against you in court, even if it's something an officer asked during questioning. As soon as you are aware that you are accused of a crime, find out what's happening and what your options are. Speak to Criminal lawyers Sydney in private without letting law enforcement know you have done so. A lawyer will be able to advise if you should remain silent or speak with law enforcement officials. 

Stay Calm and Don't Run

It's easy to panic when you've been charged with a crime, but running away or attempting to flee will only make matters worse. There is no need to run and hide because your innocence will protect you from being found guilty. Stay calm, don't run and get in touch with an attorney as soon as possible. The biggest mistake you can make is calling someone who hasn't studied criminal law for a living - even if they have a lot of experience in another field.

Acknowledge That There Will Be Consequences

It’s important to understand that you will face consequences for your actions, including a criminal record, which can affect future job prospects and college applications; loss of income; legal fees and court costs; a damaged reputation in your community; and additional personal and emotional challenges. Once you’ve accepted responsibility for your actions, it’s time to move forward with putting together a plan of action along with your lawyer. 

Stay Positive

Stay positive, and stay in control as much as possible. Try not to lose hope, even if it seems like things are bleak right now—they can always get better!

If you’ve been accused of criminal charges, it’s important to remember that you are innocent until proven guilty. The criminal justice system has checks and balances to ensure that no one gets convicted unjustly, but if you don’t take certain actions, you could end up receiving harsher penalties than your case deserves.

Who Is Responsible For Paying If I Have Been Injured Due To Potholes Or Poor Road Conditions?

Well, it depends as a number of factors could come into play, including where you live and what happened. Potholes and other poor road conditions can cause serious accidents, injury and damage to your vehicle. These accidents may be due to the condition of the road, the unsafe driving of other drivers, or due to an otherwise defective car part that was damaged because of poor road conditions (e.g., defective tires). Whom do you need to blame if you have been injured in such an accident? Read on to find out who will pay if you have been injured by an accident caused by potholes or poor road conditions as advised by car accident lawyers in Edgewood.

The Individual

If you were injured because of an accident caused by a pothole or poorly maintained roads, you may be able to file a personal injury claim. First, it’s important to determine who could potentially be held liable for your injuries. In many cases, local governments are responsible for taking care of their roads and may therefore need to pay damages if someone has been hurt because of unsafe conditions. This is where things can get tricky; there may be several parties that might share responsibility. A seasoned personal injury attorney in Edgewood can help claim your compensation.

Councils

It is not always possible to determine exactly who owns a particular section of road, because ownership may be shared by several different parties. Local councils are in charge of maintaining minor roads within their area (A-roads, B-roads and unclassified roads). Some maintenance may be done by utility companies such as gas, water and electricity companies when they carry out maintenance on their underground services. Hence, it’s advisable to seek the advice of a personal injury attorney to file a claim.

Employers

The company will be liable for employees being injured by defective infrastructure, and might be forced to pay their medical bills. Who will pay their medical bills (company, your health insurance provider, or a combination of both) depends on where they live. In most states in America, workers’ compensation covers medical bills related to work-related injuries.

Government Departments

The government can be held liable, but it will take more time and effort. Government agencies like public works, transportation departments and planning commissions might be at fault in your situation. Once you know who was in charge of maintaining and repairing roads at that particular location, you can file a claim against them. In such cases, you will need to prove their negligence caused your injuries.

We hope we've answered your question but please feel free to contact our personal injury law firm in Edgewood nm for more queries and legal aid for your case.

When You Need to Hire a Personal Injury Attorney

A personal injury attorney can help you if you’ve been hurt in an accident that wasn’t your fault, or if you’ve had your rights violated. However, you’d be skeptical whether or not to hire a personal injury attorney in Los Lunas, aren’t you? While you can handle personal injuries on your own, it’s a good idea to seek legal advice from a reputed personal injury law firm Los Lunas nm to make sure your rights are protected and receive the compensation you truly deserve for your sufferings and paint.  Here are a few instances where you’ll need legal representation:- 

After an Accident

If you’ve recently been injured in an accident, it’s not uncommon to feel overwhelmed. Regardless of whether you’re hurt badly enough that you need to see a doctor or if your injuries are minor and will heal on their own, it’s important for you and your family that you speak with an attorney as soon as possible after an accident.

If The Person Who Caused Your Injuries Hasn’t Been Held Accountable

When it comes to personal injury lawsuits, there are two types of compensation: economic and non-economic. In some cases, you may not be entitled to receive monetary compensation for your injuries. If that’s true in your case, consider hiring an attorney to help you through your lawsuit. Not only will personal injury or car accident lawyers in Los Lunas be familiar with both of these areas of law, but he or she can also offer emotional support and understanding throughout the difficult process.

Your Injuries Are Causing Serious Financial Stress

Medical bills are piling up, but you still can’t work. Even if you could work, your job isn’t giving you enough hours to pay your bills. Either way, it’s taking longer than expected for your settlement to come through. Unless you want to go into debt—or go on food stamps, it might be time to hire an attorney.

Your Injury Doesn’t Improve Over Time

It’s unlikely that you’ll improve immediately after an injury. This can be frustrating, but it’s also important to be patient. If symptoms don’t subside or new issues develop, it could indicate something more serious that requires medical attention.

Consult with an attorney. It’s your right, and it’s something you can’t afford to overlook. Your health is on the line, and you need an advocate who understands how these types of cases work. Filing a lawsuit isn’t easy, but it may be your best option if you want justice.

Affirmative Sexual Consent Laws in NSW – What You Need to Know

 

Major reforms have been made by the New South Wales parliament regarding the Affirmative Sexual Content laws in the state. The changes have been made to ensure that justice is served to the survivors and victims of sexual assault cases. According to this law, both participants should consent to sexual activity, otherwise it would be considered assault or rape. So, what does this mean, and what can you expect from the law? In this blog, expert criminal lawyers in Sydney will provide you with more information.

An Overview of the NSW Sexual Consent Laws:

On the 23^rd of November 2021, the Affirmative Consent Bill was passed by the government, intruding the new affirmative consent principle.  The previous law explicitly stated that the prosecution had to prove that the accused person in a sexual assault or intercourse case (rape) ‘had sexual intercourse with the other person without their consent, and knew that the other person was not consenting’.  However, with the introduction of the new law, sexual consent should be communicated by actions or words, rather than being assumed. Victims’ groups and advocates, who have been demanding to change the law, appreciated the move.

Objectives of the New Law:

Changes have been brought to NSW sexual consent laws to assert that everyone has the right to decide if they should be involved in a sexual activity. Mutual communication is a must for consensual sex. The criminal lawyers in Sydney explain that the individuals participating in sexual intercourse should voluntarily and explicitly agree.

The new law also describes that a person has the right to withdraw consent at any time. Just because someone consented to sex doesn’t mean that they agree to other sexual activities or continue to engage in that or a different activity. For instance, if consent is given to ‘sexual touching’, affirmative consent is still required to proceed with ‘sexual intercourse’.

The best criminal lawyers in Sydney clarify that ‘sexual act’, ‘sexual intercourse’ and ‘sexual touching’ are three different things. The introduction of verbal consent in the new law is designed to clarify any issues surrounding victims who were frozen with fear and unable to tell the perpetrator to stop.

The Reason Behind the Changes:

In many cases, it was not easy to tell if there was consent in a sexual activity with the previous law. The case of Luke Lazarus – who was accused of rape by Saxon Mullins – is a glaring example of the same. In the case, Luke was initially found guilty in the first trial; however, he was acquitted of all charges in a retrial. Later, the court of criminal appeal specified that there wouldn’t be a third trial because the prosecution were unable to prove beyond a reasonable doubt that Mr Lazarus knew Ms Mullins was not consenting. The reforms will hopefully bring more clarity in sexual assault cases.

NSW Attorney-General Mark Speakman said, “No law can ever erase the trauma of sexual assault, but we have listened to calls for change and consulted victim-survivors and legal experts to improve our response to sexual violence.”

If you have any questions about the new sexual consent law, get in touch with our top criminal law firms in Sydney today. You can reach the Powerhouse Law team 24/7 on 1800 100 529 or submit your details through the online form.