There are several types of "auto accident" claims, including accidents involving motorcycles, trucks, semis, bicycles and pedestrians.
When you are involved in an auto accident, there are several types of claims that you may be entitled to make, depending on your specific fact situation. They include:
First-Party No Fault Benefits: These benefits include payment of your medical bills, medically related mileage, wage loss, prescriptions, household services replacement, attendant care, and the like. Normally these benefits are provided by your own automobile insurance carrier. If you do not have auto insurance of your own, there are other insurers that you may be entitled to file such a claim with.
Third-Party Tort Claim: Such claims are made against the negligent or at-fault driver and their insurance company. If the negligent person is not insured, there may be other avenues of recovery for you.
Uninsured and Underinsured Motorist Claims: Depending on the coverage you purchased, there may be further potential claims if the responsible driver has very low insurance limits [the State only requires limits of $20,000 per person/$40,000 per accident], or is uninsured. It is very important to process such claims in a timely and correct manner, or you can inadvertently give up your right to pursue such claims.
Additional Claims: There may be additional claims available to you, depending upon your fact situation. Things such as the involvement of a government-owned vehicle or a drunk driver, or if the injury occurred during the course of your employment, may give rise to additional claims.[Back to Top]
WRONGFUL DEATH CLAIMS
If a loved one is lost due to the negligence of another party or entity, it will likely become necessary to open an Estate in Probate Court. There are many requirements that surround this type of claim, and it can become very complicated. We encourage you to consult with us to make sure all rights are protected. [Back to Top]
Attacks or bites by dogs (or other domestic animals) leading to injury may give rise to a claim against the owner or person who has kept the animal on their property.
It is important to investigate what insurance coverage exists, including coverage for payment of medical bills. [Back to Top]
You may have been injured by a defective condition in someone else's premises or suffered an injury due to a slip and fall.
If you are injured on someone else's property, it must first be determined what your "status" was on the property: were you an invited guest? A business customer? Or a trespasser? Each has it's own legal definitions giving rise to what rights and remedies are available.
Each fact situation is different and must be analyzed in the context of all of the facts surrounding the incident.[Back to Top]
Laws governing malpractice have undergone drastic changes in the last few years. Changes made as part of "tort reform" and appellate cases in this area of our law have reduced the number of viable medical malpractice claims that can be pursued.
It is not sufficient that a doctor commits an error; in addition to committing an error in your medical treatment, that error must lead to very significant medical consequences for you. If the mistake or error is caught and corrected, you may not be able to pursue a claim.[Back to Top]
We handle many other types of claims, including boating, ATV and snowmobile accidents, nursing home negligence, and dramshop claims [claims against alcohol providers]. Since each fact situation is different, you should feel free to call our office to discuss what potential claims you may have arising out of your own fact situation.[Back to Top]
There are many time limits and notice requirements associated with different claims. It is advisable to consult with an attorney in regard to time limits and notice requirements that may be applicable to your fact situation. If you do not resolve your claim or file a lawsuit, or serve a required notice, within the time limit applicable to your claim, your right to pursue the claim is gone forever. [Back to Top]