A: One of the most important but often frustrating aspects of any settlement is the release or discharge of a party from a legal obligation or claim that has formed the basis of the dispute. A release is a piece of paper that you sign for, it’s the actual cash that you’re going to get as your settlement money. In its essence, what it does, is state that you discharge all civil and criminal claims you may have against any defendant and their insurance company in relation to this accident.

A: The amount of compensation that one is entitled to in the situation he/she was partially to blame depends on the laws of the jurisdiction. Currently there are very limited number of states that apply the contributory negligence rule that the victim cannot claim anything if it was partly his/her fault. In some states, you will be able to recover damages as long as you were not 50% or more (or sometimes 51%) at fault. In other states reasonable and necessary claims can be recovered, so long as the claimant was not wholly negligent. The damages for the case shall be in proportion to the extent of the culpability of the defendant. The rules in this area of the law are considered technical and may vary from one state to another, you are advised to speak to a lawyer.

A: It does not exclude you from also obtaining damages from another party who was negligent in the accident. Perhaps the damages awarded can be mitigated for the pre-existing condition, but you can bring another person or entity to task for worsening the condition. This away someone who interacts with you takes you as they find you so the argument that someone else without the condition would not have been injured cannot be an issue. However, such cases are usually more intricate and mostly likely to involve specialist, so consulting a lawyer is advisable.

A: There are certain do’s and Don’ts and one of them is that you should not talk to an insurance adjuster for any other person involved in the litigation. They were nice and appeared all empathetic but they are most probably out to get you record something that will decrease or wipe off their client’s responsibility. Inform the insurance adjuster to call your lawyer if you employed one and if not, call the insurance company. The same also applies if the attorney is representing another person in the communication.

A: Therefore, you can claim even if you did not feel the pain at the time of the incident. The biological effects of being in a traumatic situation such as in an accident are that the body produces adrenaline and other chemicals which had the effect of a numbing mechanism which creates a temporary relief from being in pain. Some significant pain may be felt or other symptoms may be developed after some time, after days or weeks. Even if you do not feel a sharp, burning pain at the time of incident, still it is about time that you see the doctor since many conditions develop gradually.

A: This depends on the number of years that are allowable by law for a plaintiff to file his case, that is the statute of limitations in each state. While there might be legal actions that must be taken within a year of the injury, other types of personal injury cases might afford one up to four years to seek justice. You should verify the rule in your state so that you do not by some chance relinquish your rights. In addition, there is also some exception of the statute of limitations; however, such exception is very limited and therefore if you think there is an exception you must consult an attorney. In practice, therefore, you should attempt to bring a claim as early as possible when memories are still strong. This will make you defend liability and the extent of your losses in case of a trial.