Pretty much everyone gets into at least one car accident in their life – and “everyone” does include you. What happens after the accident is rather simple: make sure you and the other driver are okay. However, after that, you need to start thinking legally by considering compensation, recording everything you can, and thereby making your personal injury claim successful. Insurance companies will deny you compensation, especially for pain and suffering and anything beyond the basic hospital bills, unless you know how to report your claim. This blog guide shows you how.

Contact Information
Of course, it’s common for drivers to exchange information. However, in order to be sure the information exchanged is valid, you should wait for a police officer in most cases. You should at the least get insurance information and contact information if there are witnesses on the scene. If possible, take pictures of what happened to your car immediately, even if you have to wait until later; this can pay off. If you are injured, don’t worry so much about these things, especially if you’re in pain; but do record any injuries you’re experiencing. It will help both you later on and the hospital.

Get Medical Help
If you are injured, don’t worry about contact information, insurance claims, and making notes. Instead, focus on yourself. You want an opinion from a doctor before you make any claims, and you want documentation on any injuries you have. In order to maximize your claim, do this immediately or when capable. It will pay off.

Get a Free Consultation
If you’re this far, you have a clear strategy when you get into a car accident. Your next step is to contact an experienced lawyer; be sure to contact only personal injury lawyers who offer a free initial consultation. You can do some research and pick one to try, or query several asking the basics. With this initial consultation, you’ll get a clear idea of the experience of the lawyer, his or her professionalism, rates, and how much compensation you can actually get. A lawyer is quite often the necessary tool to maximizing your personal injury compensation.

If an Offer is Made
Quite often in personal injury cases you get some offers before you even sue the insurer or company. This is because it actually saves the ones at fault on legal fees. You should never, ever sign a release for compensation too soon. Instead, wait until you are positive you are fully recovered from injuries. Most states give you several years to file a claim, but this is a decision between you and your lawyer. In order to maximize compensation, you need to first be aware of your total injuries.

How to Handle the Case
There are many other ways to maximize a claim, including how you should get all doctor reports and ask for briefs from your doctors on what effects your injuries will have, if temporary or permanent. You should also be aware that just because you have health insurance does not mean you cannot still sue for compensation, therefore getting extra damages.

In any case involving personal injury, your allies are time, patience, and truth. If you’ve been hurt, even in a minor way, you have a right to compensation in many forms, from the hospital bills to the pain and suffering to the loss of work time and more.

Getting into an accident is not something we like to prepare for; in fact, it’s something few of us prepare for other than getting auto insurance and having a health plan. Sometimes no preparation can prepare you for the chaos during and after an accident. In many accidents, both drivers are fine, but the cars are another story. If you have a very valuable car, say a BMW, and need some repairs, read on. If you have a less expensive car, but have some damages not covered, this guide will help you too.

Minor accidents may seem “minor” on paper but can in fact can cost you thousands of dollars. Your auto insurance payment may be nominal. In order to get your expenses covered, you can take a negligent driver to small claims court. This is, of course, if you feel the fault is not yours. Small claims courts are technically simple hearings, where the settlements are less than other courts. Minor car accidents can be brought to small claims courts and you can get compensation of $2,500 to $5,000. If someone clearly made a mistake, hit that BMW of yours, but it was a minor accident, you have a right to compensation even if it’s relatively small.

In many cases, you can get money from the at fault driver without even going to small claims court. Sometimes you’re able to work out a deal. You can write the driver a letter, asking for a impartial third party to hear both your sides, and settle before court. You have nothing to lose at this stage.

Since small claims courts are not the grounds of professional lawyers, you may wonder if talking to one is good. You can at the least get a brief consultation with a legal expert. Instead of spending all the money you’re trying to get compensation from another driver, you can get a 1-2 hour consultation from a personal injury lawyer and learn how to handle the case.

Since you won’t get that much money, consulting with a lawyer before going to court saves you time and money. Unfortunately, you may not have a “winner” for small claims court. On the other hand, you may have a reasonable case. To save yourself days of work in this case, be sure it’s suitable for a small claims court, that you have enough proof of fault, and that the compensation is worth the time involved.

The advantages of small claims court are many. It’s a fast process, informal, cheap, and relatively easy once you know your rights. You rarely hear of these things happening, but car accidents are under the jurisdiction of small claims court in many cases. If it can put a few thousand into repairing your car, that’s more than worth it.

Thousands die or are hurt by medical negligence every year. The numbers can be scary, with some studies pointing out tens of thousands of deaths and even more injuries related to medical negligence. We’ve gone over medical negligence on this blog, what you can do, but to better help you with your medical negligence claim, here are 6 tips designed to help you get through the legal ramifications.

To Be Safe
First off, if a loved one has died as a result of medical negligence, you must consider yourself before going after those involved. You will get your day in court, they will pay, but you should not downplay your emotions. There are programs for people who’ve suffered through a loved one’s death.

If you have been hurt as a result of medical negligence, be completely safe and go right to a doctor. You should not wait on this, as your health is on the line.

Check Medical Records from State Department of Health
Once things have settled down, it’s time to do some quick research. Technically you can skip right to hiring a lawyer. However, if you want clear proof before you take someone to court, you can research state records for the hospital you or your loved one was at. If this is a common occurrence, if there is clear evidence of repeated negligence, your case is more often than not a winner.

Consult with a Lawyer
Again, you can technically skip the second time and hire a personal injury lawyer to sue the hospital.  It’s good to be sure, so even if you hire a lawyer follow up on what else has happened. Hiring a personal injury lawyer is not easy, but the good news is you have many options. Consult with a number of experienced lawyers about your case, but be sure to find out if they charge for initial consultations. Query as many you feel comfortable with, or as many as you need to until you find the right one, then start asking questions. Present your case, what happened to you or your loved one, and ask how the lawyer can help and how much it might cost.

What Else Has Happened?
In some cases, this medical negligence suit may be beyond just you. If this has happened before to particular hospitals or doctors, it makes your personal injury lawsuit much stronger. If nothing has happened, it certainly does not mean you have no case. It just means you need some legal guidance. In most cases, you will get an offer before the lawsuit is even filed.

When to File
You should not just jump into this case the moment it occurs. For example, if you were operated on incorrectly, there may be further problems you don’t know about. If you file a suit, and a year later a new health comes, you are left with much fewer options. Wait several months to a year if possible and consult with other doctors. Once you’ve waited long enough, you have a much better chance of getting offers or winning in court.

Your personal injury case went in the wrong direction. Maybe your lawyer failed to represent you correctly. Maybe it was not your lawyers fault; cases are won and lost every day and sometimes the facts are the facts.

However, in some cases a more experienced personal injury lawyer could have done better. You might not have a good dialogue with the lawyer. Also, your lawyer may have overcharged you or acted inappropriately. In any of these cases, you can hire a new personal injury lawyer and begin an appeal. This is your second chance to prove in a court that you were wronged.

It could involve a car accident, a loved one dying through medical negligence, or a number of other personal injury cases which involve pain, suffering, and costs. In these cases, it is your right for compensation – you just need an experienced personal injury lawyer to help.

How can they help?
In an earlier post, we went over how you can appeal court decisions with appeals. In these cases, you are often entering no new evidence (though if there is clearly relevant new evidence, you can use it). Now, there will be no trial, no jury, no witnesses, no opening and closing arguments. Your lawyer for you as plaintiff will appeal that the court decision was in error. Perhaps your new lawyer feels the judge or jury did not accurately interpret the laws. This is where the appeals court comes in, going over everything that happened and was presented in court, and then making a case for you. The defense will be fighting this, stating the original trial and its verdict were correct and should be upheld.

The Appellate Brief
The appellate brief is your lawyers way to win. He or she will write a brief with the intent of persuading that the trial judge did not accurately interpret the laws. The defense too will create a brief, but to prove the judge did act correctly.

The Record
All documents, evidence, the pleading, the pre-trial motions, a transcript of the trial, and more will be presented to the appeals court. It can be problematic for both sides in this step, as if not enough was said in the trial you have little opportunity to do so again. An experienced lawyer can still win, but as you can’t usually enter new evidence or question witnesses a second time, it will be harder.

Your Last Chance
Even if you lose in appeal court, you can still file with the state or federal supreme court (unless you’re in Maryland or New York,  who call this the Court of Appeals). The problem is you have a smaller chance of even appearing in court. Supreme courts get a lot of appeals cases, and unless a law has been broken or something else isn’t correct, you will have trouble even getting to court.

If you’re this far along in the process, you may wonder if going through appeals court and the supreme court is even worth it. An experienced personal injury lawyer should be able to help you make the decision.

You went to trial because you offer was made on your accident claim, or you went to trial because the offer was not good enough. The jury’s verdict was against you, making it seem like a complete waste. But if you’ve followed U.S. Courts before, you know there is a little something called the appeals court. It’s not just for criminal law issues. The appeals court is open to other subjects, including personal injury. If you lost a case, and are unsure of what to do next, this blog post will help.

You Can Appeal
Again, you do have a legal right to appeal. If you feel the judge and/or jury acted in error, if new evidence comes in, if you feel the law was not properly followed, you quite often have a case.

Should you appeal?
Now that you know you can appeal personal injury law verdicts, you may want to know if it’s worth appealing. This gets complicated from state to state. For example, some states allow juries to make decisions without a unanimous vote, while others require a unanimous vote for the trial to be upheld. In other cases, the judge can make the decision, or if the jury fails to reach a verdict, throw the case out. It does get complicated, which makes your choice of lawyer quite important. In order to go to appeals court, you need a legitimate claim and an experienced personal injury lawyer. That’s far from easy, but with it you have your best chance.

The Differences Between a Trial and Appeal Court
A trial is what comes initially, where you, your lawyer, and the defense argue using evidence regarding the personal injury in front of a judge and jury. All evidence is presented, witnesses and experts from both sides are called, closing arguments are given, then the jury goes into deliberation and usually comes out with a verdict.

It’s very different in appeals court. You will still be arguing your case, but you have to prove it on the facts or any new evidence which was not present before. There will be no witnesses, no experts, no opening and closing arguments. The rule of appeals court is to look over in detail everything which was presented at the initial trial. In short, the court will review all evidence and testimony already recorded.

Appellate Briefs
This brief is where the lawyers of plaintiff and defense earn their money. You as plaintiff and your  lawyer will make it clear the trial judge or jury did not act in accordance with the law. Something was not followed correctly, and when it comes to law, that’s often all it takes. The defense will do the opposite: their job is to prove the trial followed all laws and the verdict was correct.

As you can see, these things can get complicated. However, this is a good start in understanding the appeals process. It is your right to hire a personal injury lawyer, file a suit with the court, and if you fail, to appeal the verdict in a court of law.

You’ve made it all the way through several blog posts on what happens at personal injury court. If you haven’t read the earlier posts on what occurs, feel to to read those posts first. But here’s a refresher.

Most personal injury cases are settled before court, sometimes even before a lawsuit occurs. If the defendant sees they are in the wrong, whether it’s a major company or an insurer, they often want to save on lawyer fees and settle out of court. This occurs in the majority of cases. In some instances, you may make more money by going to court; in others, the lawyer fees take a good chunk of what the settlement is, if, that is, you win in court. You need to at a minimum consult with an experienced personal injury lawyer in either case. These blog posts are good, but unless you spent years at law school, consult with a lawyer.

We went over jury selection, opening arguments, and witness testimony. Those are big steps, but they lead up to the closing argument and the jury verdict, where lawyer skills are put to the test.

What is said in closing arguments?
Closing arguments are quite similar to the opening statement. You as plaintiff, your lawyer, and the defendant, will each be able to make their case one more time. While it may have less impact than witness testimony or key evidence, it can still swing a jury in your favor. Both the plaintiff and defendant will sum up the case presented to the jury. The plaintiff will be trying to prove there is fault, that damages are deserved. The defendant the opposite: that the lawsuit is wrong.

Jury Instruction
After closing arguments from the plaintiff and defendant, the judge instructs the jury on how to interpret key laws. The judge will not voice an opinion, only the legal standards allowed in making the decision. Both plaintiff and defense can and often do have a say in this, as the judge will be deciding what forms of damages the jury may consider, how evidence should be weighed, and offer details on how to fairly deliberate.

The Jury Verdict
Well, first you have to wait for your decision, the deliberation, but let’s go right to the big part, the verdict. Does the plaintiff have enough evidence, and therefore have enough cause to be compensated, and if so, how much? Or is the defense’s case stronger, proving that this personal injury was not their fault? Most states require the 12 person jury to come to a unanimous decision, which sometimes takes time. Other states allow as low as a 9 to 3 decision. There are cases where the jury comes to no conclusion.

At this point, the decision is out of your hands. If the jury cannot come to a decision, the judge will declare a mistrial or sometimes throw the case out.

You’ve come from the jury selection process to the final verdict. If all this seems difficult, remember the moment you hire an experienced personal injury lawyer, the ball is in your court. If you have a clear case for a lawsuit, you can expect an early offer. If you don’t like it, you risk a trial, but that’s where lawyers and others will be doing all the work.

There is much more to a personal injury case than you might think. It’s not simple, nor easy, and unfortunately not cheap. That makes it important to have an experienced lawyer to help you as a plaintiff. The defendant, whoever you wish to prove is liable for your injury, will hire a lawyer too. You have the advantage in many cases, especially since many personal injury cases are settled long before court, some even before a lawsuit is filed. However, if you get an offer you feel does not cover the scope of your damages, you can reject it, go to court, and win in a bigger settlement.

We know how the jury is created, what opening statements do, so now let’s go over the specifics of witness testimony and cross examination.

Witness Testimony
The whole point of witness testimony and cross examining them is for you to prove a witnesses validity, expertise, and how it then proves your case as a plaintiff. Your lawyer will put into motion proving the defendant’ guilt with witnesses; the defendant’s lawyer will then try to rebut the witness, discredit his or her testimony in order to prove innocence.

The main evidence given in cases is facts, but when facts are given by witnesses, who perhaps saw the injury take place, it gives you the edge. Your lawyer will call witnesses and experts to testify, both who can improve your case. There is also physical evidence involved, such as video of the injury or photographs. If you were hit by a car on a well lit road, and could show pictures of how the accident occurred, or use a witness to the event in the trial, you again have an edge.

The defendant’s lawyer will be doing much of the same thing. The lawyer will try to rebut evidence after the plaintiff rests. He or she will attempt to enter new evidence, perhaps new witnesses, to show what happened in their mind. In other words, the defense tries to create doubt in the jury about facts, to question the expertise of the witnesses, and to show how the defendant is not at fault for the injury.

How does the witness process work?
Think back to the law drama you might have watched on television, where the oath is taken and the witness sits. The plaintiff calls the witness, the witness takes the oath, the lawyer gathers key information from the witness, the defense offers criticisms, and finally the plaintiff gets a chance to refute the cross examination by the defense. So the witness is called, first questioned by the plaintiff, then the defense, then the plaintiff again. When the defense calls a witness, they get to question first, then the plaintiff questions, and back to the defense.

This process is for experienced lawyers, so it’s okay if you cannot grasp the entire process through words. Hopefully you’ll never have to see the court room, choose the jury, prove your case, and wait for a decision. But if it does occur, you know the basics.

We went over the basics of a personal injury trial a few weeks back, yet we only touched the surface details of what occurs in a personal injury case. We had no time to go over choosing a jury and opening statements. Now we do.

What You Need to Know
There is the plaintiff and the defendant. The plaintiff is the one who wants the personal injury claim, and the defendant is trying to prove he or she is not liable for any injury. This will involve evidence on both sides, expert witnesses, and arguments on exactly what the claim should be.

However, before you hire a personal injury lawyer or try to defend yourself, you should know that few personal injury disputes ever go to court. Some are settled even before lawsuits are filed. For example, if a driver of a semi truck hit you or someone you love, and it’s an obvious case of personal injury, there will often be an offer made. The insurer does not want to go to court, because after lawyer fees it could cost them much more money. The plaintiff has the final decision on whether to take the offer or not, but most do for the same reason: lawyer fees can be hard on your budget.

Now let’s go over the jury process.

The Jury Process
Unless a judge is deciding your case, the first step will be to choose a jury for your trial. If you’ve seen TV court room dramas before, you may be familiar with the basics. The judge and lawyers question the jury, trying to find their opinions on certain subjects. If the juror already has a clear opinion on a certain subject, this may disqualify them. It can be very obvious: they were in a similar accident and received damages, or someone they love did. The defendants do not want such an opinion to be involved n the decision. Both the plaintiff and the defendant have a certain number of challenges to these jurors, where you can eliminate several jurors from the proceeding. The judge can also excuse potential jurors with preconceptions. The point is to get an objective jury who are willing and able to hear both sides. This is where your lawyer can earn his or her money.

The Opening Statements
The next step we’ll go over is where the lawyers take an even bigger stage in the case. Both the plaintiff and the defendant’s lawyer will be making clear points before judge and jury prior to the witnesses coming forward. The plaintiff will present facts about how the injury occurred, why the defendant was at fault, and why the plaintiff deserves compensation. The defendant will be making the opposite case, that the plaintiff has no reason to get damages for the injury. Again, this is the lawyers job, to appear in front of the judge and jury and to begin the process of winning.

The Next Steps
After the jury selection and opening statements, the final steps include the witnesses taking the stand, closing arguments, and a jury verdict. That may make it sound simple: it’s far from that. However, with an experienced personal injury lawyer on the case, you have a clear advantage.

There are many personal injury cases where the injured person does not know if he or she has a right to a claim, how much the claim is worth, how long they should wait to claim, what lawyer to hire, how much the lawyer will cost, and much more. Because of that, we created this guide on frequently asked questions concerning personal injury claims. If you’re still unsure of certain topics, an experienced personal injury lawyer can help you.

When should you consult with a lawyer?
If you’ve been injured to a point where it’s effecting your life, even in minor ways, consulting with a lawyer is very smart. You can brainstorm options with one and see if your case is strong. For example, if you were in a car accident, and it’s effected your personal and professional life, if it’s cost you time, money, and suffering, you have a right to claim.

What can you claim?
You can claim based on pain, suffering, and loss of joyful life. You can claim based on loss of income, if you’re not able to work. You can also claim on loss of care and interest. The most common claims are based on pain and suffering as well as loss of income, but there are often other losses such as joy in life which you might be able to file a claim for. If you’re unsure of what to claim, but know you’ve lost something since an accident or injury, a lawyer can help.

How long does the claim take?
This varies from personal injury case to personal injury case, but a professional lawyer will advise you on several things, foremost being how long to wait. For example, you would not wait to file a claim 2 weeks after a car accident where you suffered whiplash or trauma; you might have other injuries over the course of months to years which do not come up. It’s recommend you wait about a year in most personal injury cases so you can be assured you are covered on everything. You may not be able to claim again, so it’s important to be patient and wait to see how your body and mind react. This is where the guidance of a doctor is critical.

How much is your claim worth?
Few experienced personal injury lawyers will tell you how much you will get. There is too much variety in the situation. You rarely know how much the claim is worth until you know how the injury has effected you. Even then, there are so many possibilities involved and differences from person to person that you just don’t know. You will know, perhaps, when an insurer makes an offer; but even then you might be able to get much more. Be wary of lawyers who promise you a figure.

How much does your lawyer cost?
Personal injury lawyers are not cheap, but you can work out a fair rate with a experienced one. You can do it via “pay as you go” or you can pay via a contingency fee agreement. “Pay as you go” lets you hire the lawyer on a retainer and cover all fees. The contingency fee agreement will still have costs, but most of the money will be paid upon a successful injury claim.

You may have many more questions; this is just the beginning. Contact an experienced personal injury lawyer for guidance.

How does a personal injury claim start? It’s always with the injury, and though that part is far from easy, in order to get a settlement you need to know the key steps involved.

You should begin the process by hiring an experienced personal injury lawyer, or at least consulting with one to see if you have a case. This lawyer will collect evidence related to the clam, including past and future medical bills and needs, lost wages and any property damage, pain and suffering issues, and much more. Your lawyer will play a key part in settling your case. If you’re unsure of how to hire one, consider querying several, asking for rate and experience information, and look for a reasonable fit.

Once you choose a lawyer, he or she can begin helping you in the case. Actually, he or she likely won’t help much in court, because the majority of claims related to accidents or injuries are settled out of court.

Settling a Case
The key steps to settling a case once again begin with your personal injury lawyer. Your lawyer should go over your case in detail. He or she will then decide the monetary value of the case; it’s the value of your injury and its effects on your life.

The other issues involved in deciding to settle a case include: verdicts and settlements in similar personal injury cases, the chances of you winning at trial, the amount of information available which could help or hinder your case, any weaknesses in in your opponents evidence, the amount of money this defendant has to finance the case, and how much the insurer of the defendant can afford.

There is more to it, but that’s generally how case are created, fought, and won or lost.

If You Settle
What does it mean to settle? You take money instead of going to court. Few legitimate personal injury cases go to court. This is because of the high cost of lawyers and other factors. Settlements are very common, and you should consider one if offered. However, you will have no more right to further claims based on this injury. That makes it important to have complete doctor evaluations, to have waited some time (preferably a year) to make sure no other conditions result, and for your lawyer to have investigated similar cases.

Settlements are common, but trust your lawyer if he or she says the number is too low.

How Long It Takes
You should always involve a doctor with your case. Of course, you will get checkups, but you should always wait until you and your doctor are fairly clear that you have no further injuries. After proving medically your claim is valid, the process typically takes several months. If it goes to court, it might be longer. Few will go to court, but you should plan for it just in case.