Man holding injured arm

What Are the Steps Involved in a Personal Injury Lawsuit?

by Blog

If you’re considering filing a personal injury lawsuit, you should learn more about the procedure beforehand. Every personal accident case is different, but there are certain common litigation milestones you may anticipate meeting after you decide to bring a personal injury claim.

First Consultation

Your personal injury lawyer will meet with you at the initial appointment to examine the specifics of your personal accident case and answer any concerns you may have. After your initial session, your injury lawyer should give you an evaluation of your personal injury case and advise you on how to proceed depending on your individual requirements.

Investigation

Your personal injury attorney should investigate the details and circumstances surrounding your personal injury case. This investigation will frequently include the following:

• Documenting the crime scene

• Obtaining the accident reports

• Identifying all potential parties at blame and filing claims with their insurers

• Documenting medical bills and paperwork related to treatment for accident-related injuries

Treatment

While your personal injury lawyer is conducting the investigation and filing compensation claims, you should concentrate on recuperating from your injuries. To make a complete recovery and achieve maximal medical improvement, it is critical to adhere to your doctor’s advised course of therapy. 

While you are being treated, it is generally beneficial to keep a log of the hospitals and doctors you see, the out-of-pocket payments you spend, and the dates you were required to leave work to get treatment. This will ensure that your lawyer accounts for all potential damages and includes them in the Demand.

Demand Package

This explains the account of your personal accident case, including how the injuries happened, responsibility theory, and settlement demand. When your demand package is ready, your attorney will go through it with you to verify it is comprehensive. The demand is then forwarded to the insurance provider of the party to blame for your injuries, who will analyze it and determine the worth of your claim.

Negotiations

The insurance provider will usually respond with a settlement offer after reviewing the demand package. Your accident lawyer will tell you as soon as a settlement offer is made and will explore the many alternatives available to you based on their knowledge and experience dealing with hundreds of previous personal injury cases. However, you must eventually choose whether to take their offer, issue a counter-demand, or initiate a lawsuit.

Settlement

If your lawyer is able to reach a deal with the insurance company that fully and appropriately pays you for the injuries sustained, they will draft a settlement agreement explaining the details of the arrangement. Before signing the settlement deal, your lawyer should create a settlement memo detailing how the money will be distributed. While most personal accident cases may be successfully handled, a personal injury lawsuit may be necessary when insurance companies fail to recognize the full extent of your injuries.

Litigation

If negotiations with the at-fault party stall and your lawyer cannot come to a settlement agreement, the next step is normally to file a lawsuit, present your claim for injuries to a jury, and obtain a verdict against those responsible for your injuries.

Discussing your claim with a personal injury attorney might help you identify your legal alternatives. Your attorney will walk you through the claim process and inform you at every stage. Contact Kosto Injury Law to learn more about filing a personal accident claim.

Car crashed into back end of another car

A Step-by-Step Guide To File a Car Accident Lawsuit

by Blog

After a car accident, you need to contact the responsible party’s insurer to file a claim. While the process may go smoothly and quickly, you may also need to hire a personal injury attorney. Working with an attorney is the best option if the other driver does not have insurance or the insurer tries to settle for less than you want. A car accident lawyer will help you during each step in the process of filing a lawsuit.

Collect Evidence

Before you talk to an accident injury attorney, collect as much evidence as possible. Look for evidence that proves you were not responsible for the incident. If the police came to the scene, contact the department and ask for a copy of the police report they filed. This report should include statements from each witness who was at the scene. You may also find video footage of the accident. Gather evidence of the expenses you face as well. You need to show your attorney that you received hospital bills after the accident or that you lost wages as you were unable to work.

Talk to a Lawyer

Once you gather your evidence, talk to a car accident lawyer. Many lawyers offer free consultations that save you time and money. This allows you to talk to an expert and find out if you have a case. You can also find out if you need any other evidence and get an idea of how long the lawsuit will take. The lawyer will attempt to negotiate with the driver’s insurer on your behalf. They will often ask for a specific amount and then haggle with the insurance company to get as much money as possible. Only if they can’t reach an agreement will your personal injury attorney recommend that you file a lawsuit.

File the Lawsuit

When you file a lawsuit, your attorney will file in court and notify both the responsible driver and their insurer. This shows all parties that the lawsuit is moving forward. In some cases, the insurer will decide to negotiate to avoid court costs. The court will ask both sides to gather any evidence they plan to present during the trial. Both sides then have the chance to view that evidence. 

Most states have a cap on how much you can ask for in your lawsuit. You need to show proof of any money you lost as well as any money you paid out. Lost funds may include the time that you took off from work and any future earnings you’ll lose as a result of the accident. The money you paid out includes any funds you used to repair or replace your car as well as medical bills your insurance covered.

Get Help With an Accident Lawsuit

You need help when you file a car accident lawsuit. An accident injury attorney can help you work through each step in the process, which includes finding your evidence and filing in court. Contact Kosto Injury Law as soon as possible after a car accident.

Person with arm in cast

5 Situations Where You Need To Contact a Personal Injury Attorney

by Blog

Suffering a personal injury can be devastating and cause you great distress. If you were hurt due to the actions of someone else, you have a right to file a legal claim. These are five situations that warrant hiring a personal injury attorney.

Your Injuries Are Long-Term or Even Permanent

Long-term injuries make it necessary to hire a personal injury lawyer from Kosto Injury Law in South Florida. Whether or not your injuries are permanent means that you will have to go through extensive medical treatment and might need physical therapy or surgery and miss significant time off from work. Legal representation can help you hold the liable party responsible and ensure that you get the settlement you deserve.

Severe Injuries

In addition to the length of time of your injury, its severity can also impact your case. A personal injury lawyer will make it easier to handle such a complex situation. You might have medical bills amounting to the thousands or even tens of thousands of dollars range and need ongoing medical care costing even more money. A lawyer can help determine how much money your case is worth.

An Insurance Company Refuses to Pay

If an insurance company is responsible for reimbursing you for the accident that caused your injuries but refuses to pay, an attorney can help. Lawyers know how to deal with insurance companies to get the fairest amount possible for your personal injury lawsuit settlement. Where you might be given a lowball offer or refused one altogether, attorneys know the tactics used by insurers and won’t be swayed by them. Instead, they will fight to get you the best offer for your case.

They Are Objective

Personal injury attorneys are not only knowledgeable about how to handle your case, but they are also objective. This allows you to focus on recovering while they handle all the complex legwork of your case. Their objectivity can help your personal injury lawsuit because they can rationally negotiate on a settlement in your favor without making rash decisions. You can sit back and take care of your health without worrying about making the wrong decision.

Your Case Has to Go to Trial

Most personal injury claims reach a settlement. However, if one cannot be easily reached, your case has to go to trial and you need an attorney. A lawyer can expertly handle your case, which means you have a much better chance of the outcome being successful. This is often impossible if you represent yourself.

These are some of the best reasons to hire an attorney for your personal injury case. If you are in the South Florida area and need to contact a personal injury lawyer, contact Kosto Injury Law at your earliest convenience.

White city bus

Who Should Be Held Accountable for a Bus Accident Injury?

by Blog

In a bus accident injury, several parties may be held accountable. These include the bus driver, the bus company, and the government agency responsible for maintaining the roads. It is essential to consult with a personal injury attorney as soon as possible after an accident injury, as there are time limits for filing accident injury claims and gathering evidence. Below is a detailed explanation of how the four parties could be held responsible for your accident injury.

The Driver of the Bus

The bus driver is one of the first people to be held accountable for any bus accident injuries. Depending on their actions leading up to the crash, they could be found negligent in causing or contributing to your injury. The driver’s employer may also be held liable if they did not take appropriate steps in training them or ensuring they were fit to drive. If a mechanical issue caused or contributed to the crash, the company that maintained and checked the vehicle might also be liable.

The Bus Company

Suppose it is found that there was a mechanical failure with the bus itself, which led to an accident. In that case, liability may be attached to the company responsible for maintaining it. This could include anything from inadequate maintenance to defective parts that contributed to an accident occurring in some way, shape, or form. In such cases, passengers may have recourse against both parties – those responsible for maintaining and inspecting buses and always operating them safely. 

Other Drivers Involved

If another vehicle was involved in your bus accident, their driver could also be held accountable for your injuries. This can extend even to those who weren’t directly involved in causing or contributing to the crash but whose carelessness made it more likely that an accident would occur. For example, if another motorist was speeding at the time of impact, this could make them liable for any damages resulting from that speed. 

Government Agencies

Finally, government entities may also be held responsible if their negligence played a role in causing or contributing to your bus accident injury. This includes local and state governments and federal agencies such as the Federal Motor Carrier Safety Administration (FMCSA). They may have failed to properly ensure that all buses were safe and well-maintained, which could make them liable for any damages incurred by passengers due to this failure.

Conclusion

Suppose you’ve been injured in a bus accident. In that case, you must understand who can be held accountable and liable for any damages incurred due to this incident. Determining who is at fault will help you decide which parties should bear responsibility for paying for medical costs, lost wages, and other expenses associated with your injury claim. In this case, a personal injury attorney will be needed to help determine who is liable for the accident and assist in filing accident injury claims. They can also help navigate the legal process and ensure that victims receive fair compensation for their injuries. If You are in search of a professional injury lawyer, contact Kosto Injury Law for consultation or for hire.

Bus accident

What To Do After a Bus Accident

by Blog

There are steps you should take after a bus accident if you have been injured by a vehicle or by flying debris. In addition, if you see someone injured, there are things you can do to help that person out. If you or a loved one has sustained a personal injury through an accident on a bus, the following advice can provide helpful tips on handling the accident’s aftermath.

Call 911

If you or anyone else is injured, call 911 immediately and give the dispatcher your location. If possible, stay on the phone with them until help arrives and provide as much information as possible.

Seek Medical Attention

After a bus accident, you may be in shock or pain. You may have an accident injury that doesn’t appear to be bad enough to be treated at the accident scene. But even if your injuries seem minor, they can worsen later if they aren’t properly treated. Seek medical attention whether you think you need it or not. A doctor can tell if you have a bus accident injury like internal bleeding or other serious injuries that may require immediate medical attention.

Document the Bus Accident

If you are involved in a bus accident, it is important to document the events before and after the accident. It helps when seeking accident injury claims.

When documenting a bus accident, take notes on what happened. Include all details of what occurred before, during, and after the accident. This will help you remember important details about what happened during the incident and may even help identify any issues with what happened immediately before or after the accident occurred.

Take pictures of any damage done to your vehicle if possible. If there are injuries involved, take photos of these as well so they can be used as evidence later on if necessary. If possible, try to get contact information for anyone involved in the bus accident so that they can provide statements about what happened, if necessary.

File a Report with Your Insurance Company

File a report with your insurance company as soon as possible. This may seem like a no-brainer, but it’s not uncommon for people to wait until the next day or even longer before contacting their insurer. If you wait too long, the insurance adjuster may have trouble getting all the information they need from witnesses and other drivers involved in the accident; this will generally delay your accident injury claims.

Contact a Bus Accident Lawyer

When you are involved in an accident, you must immediately contact a personal injury attorney. This is especially true if the other driver was at fault or you were injured during the accident. The insurance company will likely try to settle with you on the spot and get you to sign an agreement that says you are not at fault, but this could cost you thousands of dollars down the road. A personal injury attorney will review your documents and determine who was at fault for the accident and what compensation you may receive.

Your safety is always your priority in the aftermath of a bus accident. But don’t let that distract you from your responsibilities. You need to communicate with those around you, collect evidence from the scene itself, and file the appropriate paperwork if you want to make a case for yourself. Never assume that another driver or their insurance company should take care of things for you. Sometimes, it takes proactive guidance to help you get through this harrowing situation. You should also contact Kosto Injury Law for help in getting the compensation you deserve.

Cell Phone

Jealous Girlfriend beats up
Boyfriend with Cell Phone

by Blog

Cell phone carriers are unlikely to make commercials showing their phone being used as weapons. But this Delray Beach woman struck her boyfriend in a jealous rage, injuring the area below his eye with her cell phone. Here’s the link.

Even though I have been a licensed attorney since 1984, I have never had a case with these facts. But there have been claims that people are injured in altercations. As a Personal Injury Lawyer in Palm Beach County, if someone asks me to represent them in an altercation, I must be diligent in the investigation. Many times, there are witness names in the police reports. I would interview every one of these witnesses.

Personal Injury Attorneys like myself need to determine whether their potential client has a viable claim. We look to see if there is negligence on another. If our client is injured because of the negligence of then I would generally accept this case.

At Kosto Injury Law, we work hard to help our clients. We want to earn their respect with ours. Our goal is to maximize our client’s recovery in the quickest manner possible. Call us today for a free consultation.