Personal Injury Lawyers

Is it difficult to calculate the damages of your pain and suffering? Was there a severe disruption to your life or extreme property loss? A personal injury attorney can be helpful in answering these questions.

Personal Injury Lawyers Personal Injury Lawyers

June 19, 2010

What Happens at Personal Injury Court – Closing Arguments and Jury Verdict

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.

June 1, 2010

Compensation and Your Personal Injury Claim

Getting hurt for no fault of your own requires compensation — and the worse the injury, the more you deserve. What can you get compensated for? Who can help? And how much can you expect?

Forms of Compensation
There are six forms of compensation typically rewarded in a personal injury case.

Medical Treatment: You should receive money for any and all medical care involved in the accident. If you break your leg in a car accident, suffer a concussion, or any other form of injury you need medical help with, this is part of any settlement with an insurance company and is almost always rewarded.

Income: Using the example where you break your leg, ask yourself how this will effect your work. It might be impossible for you to start immediately, you may not be able to work at all, and that gives you a right for damages related to loss of pay. If you’re in a leg cast for months, for example, you deserve all lost wages.

Property:
While this may seem small at first, if your car was completely totaled in the accident, beyond your insurance claim is the cost of the vehicle. Also, any other possessions which were lost or broken in the accident should payed back. If you’re car is totaled, your expensive cell phone ruined, and anything else, you have a right to compensation.

Pain and Suffering: If you suffer a concussion after the accident, or any other injury which is painful. you also deserve compensation. If you have to take strong pain killers, for example, and these make you feel sick, you may claim that. While given less than medical treatment, this can truly make your settlement pay for all the pain and inconvenience involved.

Emotional Pain: Along with pain and suffering, you may have some mental trouble after the accident. Sleepless nights may be your problem. This often occurs in more serious accidents.

Loss of Enjoyment: While this too may seem small at first, it makes sense. If  your injury resulted in  a loss of enjoyment, of having fun doing your regular activities, you can get damages.

Loss of Consortium:
Lastly, you may have trouble with your spouse after an injury. If it hurts your relationship, perhaps in the bedroom, you can receive damages. Some states also include this law for hurting relationships  to children who may be deeply affected by the injury. In some cases, the payment for damages is given directly the the affected loved one.

Who can help?
A professional personal injury lawyer can win your fight for compensation. Typically, you can receive substantial benefits. True, the more hurt you are the more of a settlement you’ll get, but an experienced lawyer can win fights beyond just medical and income damages. They earn money in things such as pain and suffering and loss of enjoyment, which can be harder to prove.

You can expect most settlements to go beyond medical expenses and income losses. Since no two cases are exactly the same, you should first choose a lawyer and then ask him or her how much you can get.

May 26, 2010

What is a Wrongful Death Claim?

This post shows you what  a wrongful death claim is, who can file, how to hire an attorney, and what to expect in terms of compensation.

What is a wrongful death claim?

Wrongful death occurs when someone dies because of another  person or entity. By entity, we mean a company or organization. Perhaps  the hospital your husband was staying at made key mistakes which cost him his life … or your car had a fault in it leading to a tragic accident … or another person is at fault for a death because of drinking and driving. There are many cases where a wrongful death claim  can be made beyond those too.

So you understand the basics, that wrongful death occurs when a loved one is killed because of the actions of someone else.

Every state in the country has some kind of wrongful death laws, though they are different. It’s wise to seek professional counsel if you’re certain you have a wrongful death claim;if you’re not sure, an experienced lawyer can help.

Who can sue?
Who is allowed  to file for wrongful death? Most common is family filing for it. A claim will be filed by a representative on behalf of the family. Most common is immediate family, but also life partners, financial dependents,and putative spouses. All states allow for  immediate family, such as a son or husband, to file. Some states also allow life partners to file a claim. The laws can be different from state to state. Also, if you are dependent on someone for your income or to take care of you, some states allow for a wrongful death claim. In any case, you’ll be working with a representative who will serve you as a party of interest. A representative is usually the executor of the estate for the person who died.

Who can be sued?
There are many options for wrongful death claims. For example, if you’re husband was killed in an automobile accident, perhaps the other driver had been drinking or made a serous mistake, you can prove fault with the driver.  You might also sue the employer at fault for an automobile accident, such as a semi-truck driver’s employer. Or if a car had a a defect, you can quite often sue the car manufacturer if it cost  a life. In some instances, you may also sue hospitals for wrongful death. Car accidents are very common, but they are not the only claims allowed.

How will they pay?
Certainly, there are emotional and economic damages involved in a wrongful death claim. While it may seem insensitive to go over the value of a person who didn’t need to die, it’s right  to do so. The people who hurt you must pay for what they’ve done. In wrongful death claims, there are economic, non-economic, and punitive damages. You could have a right to lose wages, hospital bills and more. For non-economic, you may feel the need for psychological help because of grief, and these can be covered. Punitive damages occur when the mistake clearly didn’t need to happen, when it was a very grievous error.

The actual amounts  of wrongful death claims can vary. It’s wise to hire an experienced attorney to fight your case. Not only will your attorney fees be covered in the final settlement, but you’ll also have someone who can increase the final settlement and punishment.

January 29, 2009

What should I do after a car accident?

Most of us will be involved in some type of automobile accident in our lifetime. In fact, death from car accidents is the number one cause of death for people aged 6 to 27. An automobile collision can occur if you hit an animal, another car, person or any type of stationary object.

If you are the victim of an automobile accident you may be able to receive compensation if the injuries you sustained are due to the negligence of another driver. Punitive damages may also be assessed if the car accident was caused by serious reckless behaviors of another driver. A serious auto collision can result in lost wages, property damage and increased medical costs for you or your family.

If you have been involved in a car accident there are several actions you should take:

• Never leave the accident scene.
• Seek medical attention for all injured individuals
• All individuals involved in the accident should provide their personal information to the police.
• Do not talk to the other drivers involved in the accident or admit guilt for the accident, the police will gather all the necessary documentation.
• If you are injured seek medical attention immediately.
• Talk to your insurance company right after the accident.
• All discussions with other insurance companies should be done by your insurance company, your personal injury attorney or the police.

It is important to talk to a personal injury attorney if you have suffered financial loss or serious injuries due to the negligence of another driver. An expert personal injury attorney has the expertise to assess the full cost of your injuries. Unfortunately, there are some injuries, such as back injuries, that may be difficult to calculate the full medical costs right after the injury occurs.

The insurance company’s goal will be to pay out as little as possible in a personal injury settlement agreement. They will have their own adjuster and investigators working for them. There is no need for you to work on your own with out the legal expertise of a personal injury attorney.