How much is your personal injury claim worth? It depends on what happened, the company you deal with, and on who you hire to represent you. It depends on if you settle out of court or go to court. It depends on fault, too, among many other points. Dealing with an insurance company, which may sometimes be simple and other times difficult, requires some skill. This blog guide points you in the right direction.

Know Your Full Injury
Before you take any legal steps, it’s time to get better, to focus on your physical and psychological health. If it appears you, or your spouse, will have a long recovery process, it’s time to find out what compensation you can get and how soon.

Hire an Experienced Lawyer
If you are just trying to get better, it can be difficult to find an experienced lawyer. Where do you find one? Online, at your local state bar, or based on recommendations. Generally online is easiest, as you can go the state bar of your state, find a lawyer, go over his or her experience, and make a quick phone call. A lawyer is invaluable no matter if you’re stuck in bed or trying to handle your health. It’s your lawyer’s job to ensure you get proper compensation from the insurance company.

Notify
You want to be sure to notify the party at fault that you have been hurt and will file a claim. This may seem minor – letting them know you are injured – but if you fail to make contact, and then file a claim, you may run into some problems.

Who’s At Fault?
Evidence, such as witnesses, experts on this type of problem, and a police report are often the deciding factors in personal injury claims. If your lawyer can prove to the insurer you were clearly not at fault, you should get a nice offer. If not, your lawyer can prove fault in court and potentially get even more compensation. Most often, you notify, find evidence, prove who is at fault, and settle. If the insurer becomes difficult, you have legal rights.

What is your claim worth?
This is an open ended question, as there is no immediate answer. Much like no two accidents are exactly alike, no two personal injury claims will have the exact same compensation for certain injuries. However, you can expect, if you get an experienced lawyer and fault is clear, to be compensated for points like lost wages, medical bills, and any property damage. If you go through much pain and suffering, this can greatly increase your claim.

The Demand Letter
Once you figure out a fair number for your claim, you submit a demand letter to the insurer of the person at fault. Decisions will be made, you’ll often be negotiating, and quite often you will get fair compensation.

The Ending
How does this end? Well, the final point is that compensation is your legal right. The ending should be one where you are not in severe pain or going through financial turmoil because you cannot work. With the right game plan, the ending can be a good one.

1-Go for a Specialist
One common problem is with lawyers who do “a little of everything,” meaning they will take on any paying case. While there is nothing wrong with that on the surface, especially for minor cases, the more serious your lawsuit, the more you want a specialist. Get a lawyer who only does personal injury lawsuits. While you may be referred by a friend or loved one to this lawyer, be weary of referrals to lawyers who don’t specialize.

2-Look At References
On the other hand, references can be good. They can show positive experiences with the lawyer. They can show the value of a lawyer. They can show how many cases he or she has won. They can even show how valuable some of these cases were to the plaintiffs (the ones suing). Therefore, if you get a personal injury specialist who has done a load of cases, he or she should have some strong references.

3-Look Over The Site
An experienced personal injury lawyer will not always have a website, but if they do, it can give a volume of important information. You can see just how this lawyer has helped his or her clients. You can see cases won and sometimes even the compensation amounts. You can see who the staff is, the secondary people who may help in winning your case. They can also show personality and communication abilities. You want a lawyer who can explain how this process works to you.

4-Give a Fair Fee
You can tell a inexperienced personal injury lawyer – or one who does not specialize – by the fees. Oddly, “we can work that out” or a very low fee often means you have an inexperienced lawyer. The fair rates are 25%-35%. if you cannot get a lawyer to take on your personal injury case, an inexperienced lawyer may try and get you to pay upfront. You should almost always pay with the “no win, no fee” philosophy: you only pay if you win. A lawyer who tries charging you may know your case isn’t a winner.

5-Ask Questions
Ask your personal injury lawyer as many questions as you possibly can. Just as in school, when you don’t prepare for a test you might end up failing. If your lawyer has little to no knowledge on how much compensation you deserve, if you should go to court or simply take a settlement, how liability is made, or how to get experts and witnesses, these are warning signs.

6-Consult With Multiple Personal Injury Lawyers
Finally, you want to consult with more than one lawyer. Don’t settle on the family friend or the “friend-of-a-friend” who needs the work. Consult with a minimum of 5 lawyers. Only consult with lawyers who offer a free case review. If you had to pay for every review, you would be paying hundreds of dollars.

If you are considering filing bankruptcy, and you have an ongoing or settled personal injury case, you likely have some questions. Hopefully this blog guide will answer them.

First and foremost, consult with both a bankruptcy and a personal injury attorney. An attorney is a must in this situation. You need to know if your personal injury settlement will be exempt from the bankruptcy. Say you just received an offer for $20,000 to settle a personal injury lawsuit, but you have an ongoing bankruptcy. In this complex legal situation, a lawyer is crucial. Will the the trustee take your settlement money as part of the bankruptcy? You can potentially save this money by filing for Chapter 13 bankruptcy. If you file Chapter 7, it may lead to the trustee taking the money.

Second, find out if your settlement or compensation will be exempt. You may not lose any money to the trustee. Usually you can list about $15,000 to be exempt when filing a Chapter 7 bankruptcy. Remember, if you file Chapter 13 bankruptcy, you are paying on debts – not eliminating them – which means you may have a better opportunity to protect your money. With so many differing state and federal laws, be sure to do some research and get a lawyer’s help.

Third, know your rights. You can fight certain things.  You do not have to just watch the trustee take your money. As is often the case, most bankruptcy filers lose nothing – including your home, car, and any settlements you have ongoing.  You can appeal that this money is necessary, and that it being taken would be a hardship. If this money is supposed to feed your family for 3 months, you might appeal. Once again, a lawyer is essential here.

Fourth, consider Chapter 13 bankruptcy. Chapter 13 allows you to discharge your debt, but by paying on it over 3-5 years. A lot can change in 3-5 years. You might get a better job, get a raise, get new medical coverage, pay off all your other debts, etc. You will almost always be in a better situation. And though you do have to pay on debts, you stand to protect your home, car, other assets, and any settlements from being taken.

Finally, start doing your own research. This research can and should be done with some lawyers. How will you afford all the legal fees? Typically your personal injury lawyer only takes his or her cut if you win. And bankruptcy lawyers are often very reasonable, understanding you likely need bankruptcy to save money, not spend it.

If you want those responsible for your injury to be forced to pay, you need to understand your legal rights. You have a right to prosecute someone for a clear mistake, negligence, or incompetence. While you may understandably be very angry for what happened, you have to think legally. Whether it was an accident or a medicine mix up or an on-the-job accident, be prepared for a fight.

A fight does not mean you’ll be going into a twelve round boxing match. You may think the first offer you get is very fair, that you should settle fast and be done. Or, you may consider going to court to maximize your damages and punishing those responsible in a court of law.

The “settle fast” idea is flawed simply because you can almost always get more than a first offer. There is nothing wrong with reaching a settlement, but don’t give up once you see the number. Be aware that you might be able to get much more. And this first offer is rarely off the table during the negotiation. At this stage, you definitely need to consult with a lawyer. If the insurer has tried contacting you and settling before you even have a lawyer, they are likely hoping to settle early for less than the value of your injury.

Settling early can also be bad if you do not know the full scope of an injury. Say your spouse was injured in an accident, has a broken leg and bruised rib, and will miss work for six months. She then gets an offer from the insurer, prior to a fully understanding the injury. It can take months to understand the full effects of something like a car accident. If you take this offer – and it turns out she suffered trauma or has another undocumented injury – you may be out of luck.

Going to court has some flaws too. This is a personal injury blog, but let’s be honest: you want proper compensation for you, not your lawyer. If you go to court, you stand to pay your lawyer more money. If you get a reasonable offer, remember that most lawsuits are settled before court. You may get somewhat less, but you get the money immediately and your lawyer gets less of a cut. If you go to court, you can expect to pay 10-15% more of the compensation to your lawyer.

Going to court can be good if you are not getting fair offers. Trust your lawyer here. If you are just being compensated for the injury and lost work time – and not any emotional trauma or pain and suffering – you stand to get much more going to court. If you go through pain and suffering, for example, this can swing the case decidedly in your favor and mean much better compensation. If you’ve been in pain for weeks if not months because of the car accident injury, you stand to double if not triple your compensation.

It can be hard to think with a  clear head when you or a loved one is going through an injury. The important thing is not to rush this process, to focus on getting better, to fully grasp your mental effects, and to listen to your lawyer. Hire a good lawyer too, one who can explain your options, increase your compensation, and fight for your rights. It’s more than worth it.

You’ve been injured. You suffer a severe injury in an accident where someone else made a  mistake. It might have been turning on a red light … giving you the wrong prescription … letting a damaged property stay open to visitors … even slipping and falling in a store parking lot. If you suffered injury, you deserve some help. Almost in every case, you should hire an experienced personal injury lawyer.

Why hire a lawyer?
Well, there are numerous reasons. You get more compensation. You get legal protection. You get the chance to prove, in court, that mistakes were made. You can right a wrong. You can get the insurance coverage you paid for. Your lost income can be covered. Your relationship with your spouse can get help. There are more reasons for both hiring a lawyer and filing a lawsuit, but let’s leave it at that.

When Not to Hire a Lawyer
When you have a minor claim. If you slip and fall, sprain an ankle, ice it for a few days, and are back to normal in a week, is filing a claim really worth it? If you get hit while driving, and you suffer a minor injury, something which gets you in and out of the hospital in hours, you again don’t always need a lawsuit. While there is room in personal injury law for certain kinds of claims, if the injury is minor, if little harm was done, it may be a waste of time. Make this decision with a lawyer, even if it’s only a few consultations.

Dangers of Settling Early
If you do suffer injury and liability is clear, in the majority of cases the lawsuit is settled. This is because it saves the insurer – or person who made the mistake – a long, drawn out legal battle which can cost even more. However, they might visit you in the hospital, or give you a call, trying to negotiate a settlement when you have no legal representation. You can usually see right through it; say nothing. If they want to settle before you get a lawyer, ask yourself why, why are they afraid? If you get a lawyer, it boosts your injury claim considerably. That shows you’re serious.

Dangers of Court
You can’t win in court without a lawyer. What many insurers and defendants are afraid of is proof, witnesses, and experts. Therefore, they will do their best to avoid court, where a settlement and added legal fees can bankrupt them. Remember, if you hire a lawyer correctly – by using the pay if you win philosophy – going to court won’t be a worry. If you go into court without a lawyer, you are making a critical mistake. Ask yourself if you know the first thing about what happens in a court room for a injury claim.

Settling on a Lawyer
Setting goals for what you want for personal injury compensation is good, as are your goals for hiring a lawyer. Since the personal injury process can take many months if not years – until you get better from your injury, or when the full scope of the injury is confirmed – you need not rush into hiring a lawyer. Be critical, look for experience, try negotiating, and start taking steps when you are ready.

You get hurt, hire an effective lawyer, file a lawsuit, start negotiating, and then the business or person you are filing the claim against files bankruptcy. This does in fact happen. But with this blog post, you’ll know some crucial rules – such as the fact that usually bankruptcy does not cancel a personal injury claim  – and get some strategies for getting your compensation.

Who Files Bankruptcy?
According to legal resource Nolo.com, when a person or business files Chapter 7 bankruptcy, you may lose some rights to your money. Also according to this legal resource, if the business files Chapter 7, and you have a personal injury claim, you have options for getting your money.

How can you get your compensation?
You still have your rights. There is no loophole for a business to be allowed to file bankruptcy and avoid punishment for mistakes. For example, if an insurance company refuses to pay your claim, then attempts to file for bankruptcy, you may be able to intervene in the bankruptcy with some legal help. There is a lot of legalities to understand here, namely whether wrong doing was committed. According to Nolo, this is a “malicious behavior” which can be open to interpretation.

When should you file your lawsuit?
You should still go ahead and file your lawsuit. There is no guarantee that the bankruptcy will go through. If you file against a business which is still running, typically they simply pay for a settlement – which is why settlements are so common in personal injury lawsuits – and you can move on. You should therefore file for your claim as soon as you understand your injury.

Will you lose your claim?
This is where the legal process gets complicated. If you won a large lawsuit against a person or entity, they will not always have the option of bankruptcy. For example, bankruptcy can only be filed so often, so if they recently filed, and your injury happened after, they would have to wait years before filing again. That helps you.

You will not always necessarily lose your claim. The best thing you can do is get proper legal representation. An experienced personal injury lawyer is best for situations where you’re worried your claim will either fail or never be paid. If you are unsure about the personal injury legal process, or how bankruptcy might affect you in some other way, choose an experienced lawyer. He or she can consult with you, negotiate for you, protect your rights, and protect your future. If you have a defendant wanting a fight, get someone who can help you win the battle.

Are you covered?
You, your family members, friends, and associates are all covered by insurance benefits. Even if the insurance is in your name, you don’t need permission for coverage to continue if someone else uses your car. As long as you allowed the driver to take your car, he or she is covered. If you are in an accident, the auto insurance always covers you.

Are the damages covered?
If you have comprehensive coverage, almost all possible scenarios are covered. Say your car gets stolen and is found with major damages. This would all be covered by your insurance. If you get into an accident, the auto coverage always covers the repairs.

What cars are covered?
Your current car is covered, and if you get a new car, you do have a window where this car is replacing the other car. In other words, if you buy a new car, that car will be covered immediately by most policies. What kind of coverage you get depends on your policy. You may pay more for deductibles, but if you rarely get into accidents this may end up costing you more.

What if you’re not driving your car?
This depends on what exactly happened. In personal injury cases, liability can vary depending on the situation. For insurance, if a loved one or friend drives your car, you have the same coverage as before, as long as you allowed them to drive your vehicle.

Are employers liable?
Let’s get more into where personal injury claims come in. Say you get hit by a semi truck, where the driver was on a cell phone and ran a red light. The driver’s company has some liability issues. You can hold them liable if one of their workers made a mistake. This can be disputed in court, but in most instances the employer can be held responsible. After all, it’s common sense: if the driver had been more professional, the accident may not have occurred. If there are some major injuries involved, the legal situation can get more complex.

What liability is held by parents?
Parents can hold some liability too, but not in every situation. Usually, if the parent simply let the child drive with no danger apparent, the liability is not with the parent. On the other hand, if the parent put the child in a dangerous position, such as driving late at night, there may be some liability issues.

Once you understand how insurance issues work, you can save valuable time and protect yourself. If you suffer major injury as a result of an accident, know that you have rights, and get a lawyer to protect them.

Do you work on the “no win, no fee” philosophy?
You rarely want a lawyer to handle your case for a regular fee. You want the “no win, no fee” philosophy, where if you fail to settle or win, the lawyer gets nothing. This gives incentive, and saves you from going through financial turmoil if you cannot pay.

How long have you been a personal injury lawyer?
You want to know how long this lawyer has specifically handled personal injury cases. You want a lawyer who specializes in personal injury law, not someone who handles general cases of all types.

What cases do you typically handle?
If your lawyer has never handled a case like yours, such as a medical malpractice, take that into consideration. If you have to choose a lawyer who has specifically worked on similar cases, that is more valuable than someone who has never handled anything like it. While this does not necessarily rule out the lawyer, you do want someone with relevant experience.

How much do you charge?
How much of your final settlement – when using the “no win, no fee” philosophy – will the lawyer take? Protect yourself by having this in writing. Your lawyer is paid with the settlement money, and some charge different rates. While someone who charges more is not necessarily more experienced, often that is the case. Typically you’ll pay between 25% and 35%, depending on the length of the case, if it’s settled or not, and how complex it is.

What settlements have you given clients?
You want to know whether this lawyer has a history of winning personal injury cases, especially ones like yours. If they have actual dollar amounts, that can show you how valuable this lawyer is.

How many current clients do you have? How much time can you invest into my case?
These are two related questions: you want to know if this lawyer is overbooked, and to see how much time they can spend actually representing you. A personal injury lawyer may have a lot of experience, but lacks the time to be effective in your case.

Will you refer my case to others?
Some lawyers have whole teams, such as other lawyers and paralegals, taking an active role in your case. You do not want this to put the lawyer, who you hired based on his or her experience and ability, on the sidelines. Therefore, get upfront info on how much of the case they will be personally handling.

Who can help you most?
The person who can likely help you most be may often be your doctor. You may just want to get better. On the other hand, there is cause for considering a lawyer, someone who can help settle your case while you get better. Though few cases begin until all medical problems are defined – hopefully when you can leave the hospital – there is nothing wrong with considering legal representation early.

Who is at fault?
Liability is important in personal injury lawsuits. Perhaps the most damning evidence – for or against you – comes from a police report. An officer may decide your case, especially if he or she uses witnesses to the accident and gets statements. On the other hand, in cases of medical malpractice, proof is in the results of what happened, and your lawyer needs to take action.

Submitting Your Claim
Insurance companies will process most car injury cases, giving you a number, and then handing your case over to a claims adjuster. The claims adjuster will decide on any damages you deserve. However, there are many cases where your lawyer can make an immediate impact in how much financial compensation you get.

What will insurance cover?
You need to know what the insurance company will cover. Typically, your medical expenses are covered. This too changes from case to case.

How much compensation?
There are many factors beyond simple medical expenses when claiming injury. You might have lost time at work, or be incapable of performing the same job. You might have went through some severe pain and suffering, which can greatly increase your compensation. Your lawyer can give you a fair estimate. Few cases are exactly alike, but you make the decisions, not the person or entity at fault, for what you deserve.

How much damages should you get?
If you suffered property damage, such as to your car, it’s important to get this covered. Though much less important than medical expenses, car damages are a reality.

Negotiate a settlement or go to court?
Should you settle the personal injury claim before you go to court? This all depends on the nature of the accident. Sometimes, you may get a fair offer to settle a case. Say you or a loved one goes through a medical mistake causing major pain and suffering; the initial settlement offer may be much less than you can get. In any situation like this, make no decisions alone – use your personal injury lawyer.

What if you can’t settle?
There are some lawsuits you simply cannot settle before court. Though most personal injury claims can be settled prior to court, sometimes you are too far apart to agree on a number. In these cases, your lawyer is invaluable. If you go to court, he or she is in charge of ensuring you get proper compensation.

Where can you find a lawyer?
You can find personal injury lawyers at your State Bar, online, through referrals, and sometimes by opening the phone book. Online you can get the most information about the lawyer via his or her website. A lawyer is critical in maximizing your claim and ensuring you are treated fairly, so take your time.

Lawyer Only Wins When You Win
First and foremost, you want a personal injury lawyer who follows the “no win, no fee” philosophy. This is a great incentive for an experienced lawyer to help you. If you cannot get a lawyer to take your case, that may mean it’s not a winner. On the other hand, if many are willing to take on your case, that means they’re willing to spend more time and effort in getting results.

Finding Evidence and Witnesses
A good personal injury lawyer allows you to focus on getting better. If you were hit by a car, for example, and suffered serious injury and suffering, often the last thing on your mind is getting a huge settlement. However, who saw the accident, what the police report says, what evidence of injury there is – a lawyer is invaluable in finding these, proving fault, and helping you get proper medical help and compensation.

Negotiating Out of Court
Most personal injury lawsuits with clear proof and liability do not go to court. That makes hiring a lawyer experienced in negotiating very important. The defendant, the person at fault, will often want to settle before you set foot in court. You may even get some immediate offers. However, there is always room for negotiation, and you can almost always get more than your initial offers. But it takes a lawyer to negotiate.

Winning in Court
If you do go to court – not common but it does occur – you likely will have no idea on how to handle  the process. If you have no experience in court, your changes of winning are minimal at best. If you hire a lawyer without the knowledge and skills to win, it may cost you money as well. An experienced personal injury lawyer can help you decide both if you should accept an offer and how to win in court.

How much do you pay?
Typically an experienced personal injury lawyer will take about 25% of the final amount if you settle before court. If you go to court, lawyer fees will be more, making it closer to 35%. Both are very fair. If you get a $25,000 settlement, you might pay $6,000 to $8,000 to your lawyer.

How to Make the Decision
How do you hire the right personal injury lawyer? You can look up many experienced lawyers at the State Bar of your state. You can also find many online. The key point is to go beyond just a few searches; look at experience and rates of several lawyers prior to making a decision.

While some consider forgoing a lawyer, accepting a settlement, and avoiding a lawsuit, you have a right to proper compensation, and your personal injury lawyer protects that right.