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Article Title: The Life of a Personal Injury Case: Part 1  - Before A Lawsuit 
is Filed
Author: Donald Kudler
Category: Legal
Word Count: 600
Keywords: Personal Injury, Injury Accident, Automobile accident, negligence, 
tort, intentional tort
Author's Email Address: [email protected]
Article Source: http://www.articlemarketer.com
------------------ ARTICLE START ------------------

Personal injury cases are cases where a person is injured as a result of the 
negligent or intentional acts (or failures to act) of another. Also known as 
torts, they fall into two classes: negligence and intentional torts. Negligence 
cases include automobile accidents, slip and falls, products liability, and 
medical malpractice cases. Intentional Torts include cases arising out of 
intentional acts such as assault, battery, wrongful imprisonment, defamation 
and abuse of process. The injuries to the person can be physical and/or 
emotional. The injured person may incur two types of damages: "special 
damages", including medical bills, lost wages, travel expenses; and "general 
damages" also known as pain and suffering, which includes the loss of enjoyment 
of life resulting from the physical injuries caused by the other person's 
actions or failure to act.

A personal injury claim begins on the day a person is injured as a result of an 
act or omission by another. These are, of course, unfortunate incidents which 
can result in anything from minor bumps and bruises to life altering injuries 
and even death. Hopefully, the injuries are minor, require little or no 
treatment, resolve in a short period of time and leave no residual pain.  
Unfortunately, this is not always the case.

Treatment 

When injuries are minor and treatment is needed, the most important thing for 
the injured person to do is to begin treatment immediately. There are serious 
medical and legal detriments caused by delaying treatment for an extended 
period of time. Your health should be the primary concern whether or not you 
are making a claim against another party. In some cases, delays in treatment or 
terminating treatment too early can make recovery time longer and lead to a 
less than full recovery.

Sometimes treatment begins at the scene of the accident with first aid or 
treatment by paramedics or ambulance staff. Sometimes treatment will begin 
later. It is not unusual for a person not to feel injured at the time of the 
accident and begin to feel pain later. Personal injury Attorneys and their 
clients should rely on the expertise of doctors and medical providers to make 
the best treatment decisions for each person and to determine what injuries 
were caused by the accident. Personal injury Attorneys can discuss the 
treatment options with you and/or the health care providers, but medical 
decisions are, ultimately, made by the patients and their doctor(s). Personal 
injury Attorneys can recommend doctors who are familiar with treating injuries 
that arise during personal injury claims.

Investigation

Investigations by the potentially responsible parties, their agents or 
insurance companies begin at various times after the injury. Remember, none of 
these people are on the injured person's side - it is their job to limit the 
amount they have to pay. In cases such as automobile accidents involving 
commercial vehicles or taxis and slip and falls on business properties, the 
investigation begins at the scene. In those cases, the potentially responsible 
party or its agents may take photographs, measurements or statements at the 
scene. Under these circumstances, it is important to be precise in any 
statements you make regarding what you saw, heard or felt. The need for 
accurate statements applies to witnesses as well as injured persons.

Understand that the other party, its insurers and their agents do not want to 
pay out more than they should - they are in business to make a profit. They 
want to ensure that the potentially responsible party was at fault for causing 
the accident and that the claimed damages (i.e. medical bills, lost wages, 
property damage, and pain and suffering) are reasonable, necessary and related 
to the accident.

Donald C. Kudler, Esq. is an attorney practicing in the Las Vegas, Nevada law 
firm of Cap & Kudler.  More information can be found at the firm website, 
http://www.capandkudler.com, or his blog, vegaslitigator.com/blog. He can be 
reached at (702) 878-8778 or by email at [email protected].
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