Medical Malpractice

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September 3, 2010

6 Things About Personal Injury Attorney Fees You May Not Know

Lawyers sometimes get a bad name for charging high fees. True, charging $300/hour for consulting or legal advice can be too high for many of us, but when you are paying for value, you can get value. If you pay cheaply, it’s unlikely you’ll get much better than a cheap service. That’s in fact the basic idea of this blog guide: that lawyer fees, especially personal injury lawyer fees, are reasonable when you consider your options.

A Good Personal Injury Lawyer Gives You Options
Let’s start by explaining what a lawyer gives you. If you have ever watched a legal show, yes it can seem simple and fun. However, it’s not much like that in most court cases. There are applications to be filed, claims to be made, negotiations to begin, judges to negotiate with, and battles.

A good lawyer gives you the best options by explaining all this to you, giving you the options along with his or her opinion. This is invaluable. If you have no legal experience, and expect to win a tough case yourself by simply telling the truth, you just won’t know where to begin.

In effect, a good personal injury lawyer explains to you if this is a winner. How? Often by saying whether or not he or she will take your case.

A Professional Personal Injury Lawyer Only Wins When You Do

Usually you only want to hire a personal injury lawyer if you have a winner. It can be too expensive to pay your lawyer during a process which may take months to years. If you have a winner, a lawyer will likely waive the fee and offer to take a portion of the settlement or claim.

If you get an offer before you even hire a lawyer, you may consider taking it. Having a lawyer makes your case much stronger, and quite often leads to a better settlement. If the offer is too low, you take it, then suffer further injury, you have no legal recourse. And if you get a settlement offer, your lawyer reviews and accepts it, because he or she has not been inside a court room and fought your case there, you pay less.

Lawyers Pay Too
Simply put, you don’t just walk into court and ask for a job. It takes years if not decades for a good personal injury lawyer to come out of law school and get enough experience to be valuable to you.

A Lawyer Has Costs
Rarely is this a one person show. A lawyer may have an entire staff helping with your case. They may consult with other lawyers. He or she may have to spend valuable time researching your case. For example, there might be other cases where an injury occurred, making clear proof the entity is at fault; this occurs in manufacturing all the time, as well as hospitals.

If You Win, How Much?
If you win, your lawyer fee will be more than worth it. You can save yourself a lot of hassle simply by having a professional handle the case. You can also do some good. If you win a lawsuit against a hospital who botched an operation, you might ensure no one else is hurt like that. If you win a lawsuit against a pharmaceutical company who hurt hundreds, that’s justice.

If You Lose, What Next?
Sometimes even the good guys lose, but it’s important to know you have legal rights to a review of any decisions made in court. This is what appeals court is about. Usually you want to take a complete look at your case with your lawyer; you just might not have enough proof. But in appeals court, your personal injury lawyer can show his or her legal expertise and help you turn this into a winner.

August 30, 2010

4 Ways to Maximize Your Medical Malpractice Case and Help Your Lawyer

Winning is quite often about money, but in personal injury lawsuits, it involves right and wrong too. There are many stories of the good guy losing, but with the right strategy, you can maximize what you get if you’ve been wronged. This is nowhere more evident than in medical malpractice lawsuits. This guide explains four key ways you can maximize your personal injury claim for medical malpractice by helping your lawyer.

Don’t Take Easy Deals, Don’t Cooperate
Let’s make it clear: you do not want to cooperate with an insurer or entity when it comes to a claim. The more you say, the worse the situation will be. If you start making statements, the insurer can use them against you. Their job is to give you as little money for medical mistakes as possible. This is a tough one to know when the situation is chaotic, but the most important step.

Give Your Attorney Proof

You can best help your personal injury lawyer by working with him or her and giving any and all proof. Your lawyer needs proof for things like lost income, proof of disability as a result of a medical mistake, any documentation from your doctor, and any other proof of damages in your life. For example, you need proof from a doctor on your condition, as the judge won’t just take your word for your illness.

Proving Mental Effects

While you may think the physical side of a medical malpractice lawsuit is the most important, sometimes the secondary effects of your condition are cause for more compensation. Just as wrongful death cases can lead a judge to giving a very large sum to the deceased’s spouse, so too can a hospital botching an operation and ruining your mental state lead to proper compensation. This isn’t always about the money. Sometimes it’s about making a point as well, but protecting you and your family’s future is important.

Proving emotional distress is also not about saying you have some problems. If you are experiencing symptoms of schizophrenia, you need to get help to ensure you get better, and also for proof in your lawsuit. You can help your lawyer greatly by going to a professional and getting proper evidence of mental effects.

Pain and Suffering Issues
Along with mental problems, you may have some lingering pain and suffering issues after a medical mistake. It then becomes important to show the details. You can’t just say “I can’t sleep.” You have to say when you can’t sleep and why. Your lawyer can then work on getting relevant proof.

Helping your lawyer may seem like an obvious point. However, it’s understandable you have other things on your mind. Be aware that your lawyer is fighting for your rights. If you hire a good personal injury lawyer, and if you’re honest, the compensation should come.

August 27, 2010

The When and Where of a Personal Injury Claim

When should you file a personal injury claim? And where should you go for help? They seem like easy questions, but the devil is in the details. First, know your rights. Second, know how to ask questions. Third, go with the experts. This guide answers many related questions.

When Should You File? First, when should you hire a lawyer?
You should consult with a lawyer before agreeing to anything with insurers or the entity at fault. Quite often insurance companies will try to settle before this case goes anywhere. However, know your rights, know that the people at fault are thinking of themselves first and not you, and follow your given right to hire legal representation. You should hire a lawyer the moment you know a claim will be needed. There may be a case of a hospital mistake leading to an injury. In cases such as wrongful death, it’s even more important to follow this step. If you are in an accident, make sure you are okay first, but if possible write down important details on what exactly happened.

How should you hire a lawyer?
Not all personal injury lawyers are equal. Just as in any profession, some are better than others. This profession requires both in court and out of court experience. To hire a lawyer you can go online, make some phone calls, and perhaps even go on recommendations. You want to consult with more than one. And never meet with a lawyer who charges an initial consultation fee. Meet with several lawyers, go over experience, and consider rates.

When can you file?
Once you hire a lawyer, you can then begin the legal process. If you hire a good lawyer, he or she will handle the time table for you. They will be in charge. Unless major mistakes are made, leave it that way. You typically want to wait six months to a year before making any kind of lawsuit. You may even get offers during this period; until you know the full scope of your injury, make no agreements.

You do have a time table allowing you to file the claim. State laws differ, but usually you have about 3 years to file a claim. It’s best to file far before that, especially if you have medical costs or other damages.

Where do you go for help?

If you are unsure of this while process, that’s okay. It does get complex. There are many references in print and online helping those in need of personal injury law information. However, your best resource is your lawyer. Also, legal sites like this one, as well as government law sites, can provide some detailed information. You may even ask someone who’s been through a similar case, though no two personal injury lawsuits are exactly alike.

August 16, 2010

The Why and How of Personal Injury Claim Notifications

If you’ve been in an accident, you may immediately be thinking of compensation. If you or a loved one have been victim to medical negligence, you likely want the responsible parties to pay. For any personal injury lawsuit, there are legal rules you need to follow. This includes making sure all parties responsible are notified. It’s an important part of the legal process, and this blog guide can help you understand why you need to and then how to.

Why?
It’s important to notify the parties responsible as soon as possible. This is to get your personal injury claim started. You may not even know who exactly was at fault, but have some idea. It’s very important to notify these parties.

Who is responsible?
You should notify anyone involved in the case who might be responsible. The most common personal injury case is a car accident; in this case, you would notify all drivers who were involved. If this is a different kind of accident, you may want to consult with your lawyer as who to notify. If it’s a case of medical negligence, for example, you would definitely need legal consultation in order to prove who is at fault and how they’re at fault. If you’re unsure, as with most legal matters, you need to speak with a personal injury lawyer.

How To Write Notification Letters

Let’s say you have a clear idea on who is responsible for this accident and/or injury. You write a letter explaining there has been and accident and if you were injured. Sometimes there is more than one person to send this letter to. In your letter, you don’t go over facts of the case, proof of your injury, or what you are seeking in terms of compensation. A notification letter is about following the laws and ensuring you can claim damages. So keep it simple and direct. You want your notification letter to simply be a message stating that legal action will be taken.

How a Personal Injury Lawyer Helps

A personal injury lawyer can help you through this process. In most lawsuits, they are not paid unless you actually win the suit or get a settlement offer. Usually, you can expect a settlement offer, sometimes a very fair one. A lawyer can walk you through these initial stages, and then, perhaps most importantly, help you come to a dollar number for fair compensation.

August 6, 2010

5 Tips on Appealing Personal Injury Lawsuits

You always have a right to appeal a personal injury lawsuit, both as plaintiff (you’re the one suing) and as a defendant. This blog guide gives some essential tips on appealing when it comes to the plaintiff appealing for compensation.

Know Your Rights

You have the right to appeal a denial after appearing in state court. Say for example you suffered a major injury after an accident, and lost the ability to work. Because you were at fault, for whatever reason, additional compensation was rejected. And you failed to win the lawsuit to get more damages. While this is just an example, it points out that you won’t always be compensated after a serious injury, a least beyond covering your medical costs. In this case, if you can prove that the law was not correctly followed in the original trial, you can win an appeal.

Know How Appeals Court Works
In appeals courts, you do not call defendants and show evidence. You prove that the law was not followed correctly in the original trial. Everything is recorded in trials, from witnesses to police reports. If the judge made decisions which effected your personal injury case, you can sometimes argue they were not lawful decisions. The court process is supposed to be an accurate representation of the laws, but it doesn’t always work that way. Your goal, with your lawyer’s help, is to prove somehow the laws were not followed. If you can prove this, you have another chance to win.

Is your lawyer good?

If you lost your original case, you may consider hiring a new lawyer. But just losing does not mean your lawyer is inept. However, if you have trouble communicating with your lawyer, if you feel they spent too little time preparing for your case, or if they did not accurately represent your claim, perhaps getting a new one is smart.

What the Lawyer Does
The lawyer will earn his or her in money in proving that the original trial did not follow the laws. His or her best move is the “appellate brief,” where the previous trial is called into question. This is where a personal injury lawyer will earn his or her money. If you can make a strong appellate brief, it can win the appeal for you.

Saving Time

You may not have a case for an appeal. Sometimes plaintiffs try to go all the way to the Supreme Court in order to get compensation. This is your right, but be mindful of the facts. If you can’t prove the original trial was wrong, you may want to save the time and money involved. Still, it’s your right to appeal, and a lawyer can help you decide.

August 4, 2010

Should You Accept a Structured Settlement?

Structured settlements in personal injury cases require some legal help. But who can help? The best way to get help on any personal injury law subject is by consulting with an experienced lawyer. However, the final decisions should be made by you with some guidance from your lawyer. For example, in many cases structured settlements help give more stability after a major injury. You might have trouble walking after being hit by a car, and the settlement pays you money in steady amounts so you can live a normal life. That’s in fact one of the benefits of structured settlements. Let’s go over some more.

Benefits of Structured Settlements
If you have a permanent injury which makes it impossible for you to work, a structured settlement can have lasting economic benefits. You typically pay much less taxes in a settlement. If you have trouble managing larger amounts of money, a lump sum may not be in your best interest. You might also have an easier settlement because some companies prefer paying over time rather than lump sums.

Spending all your settlement money seems like an easy mistake to avoid. However, many believe more money will come in, and blow the entire windfall within a matter of years. If you get it spread over 20 years if not the rest of your life, and have it managed by a professional, you have more economic security.

You can also plan for future problems with a structured settlement. If you fear future medical problems because of the injury, you can plan for such costs in the settlement plan.

Downsides of Structured Settlements
You don’t want too much control of your money; that may sound odd, but it’s because of the IRS. If you control your money too much, the tax benefit you gain will sometimes be lost. You want a professional to manage your money, but that can take the management process out of your hands.

In other situations, you may experience severe economic problems. The economy may go downhill, you may lose a lot in the stock market, your spouse may lose his or her job, and you will have no protection. These are examples of where a lump sum may buy you the time you need.

You usually get about the same amount in a structured settlement, but you can never be sure. Insurance companies sometimes prefer structured settlements because it can save them money in the long run. They won’t disclose the value of the settlement, only how much you get.

Should You?
Structured settlements are not for everyone, but the benefits likely sound better than the downsides. In the end, it’s up to you. What you can do is consult with a lawyer on the case. No matter your opinion or what offers are on the table, you need to hire a personal injury lawyer.

Who can help?

A local, professional, and experienced personal injury lawyer is invaluable in personal injury settlements. Quite often in personal injury cases you will get settlement offers before even going to court.  And the more proof you have of fault and injury, the better the settlement. If you have trouble keeping money in the bank, a structured settlement may be better; it may also be a deciding factor in both sides agreeing to compensation. If you’re good with money and want more control, getting your money in a lump sum can give you more financial freedom.

June 11, 2010

Common Questions on Personal Injury Claims

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.

 

 

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.

February 11, 2010

Injured in a car accident in Dallas

Over one million drivers share the roadways in Dallas, and hundreds of drivers each year are injured in a car accident. Car accidents can lead to minor car accident injuries or more severe injuries which may make it impossible to work for weeks, months or even years.

In Dallas, if a car accident injury is caused by another person’s negligence the victim may have the ability to file a car accident law suit to receive compensation for their car accident injuries. If the judge or jury decides in the plaintiff’s favor they may be eligible to receive:

  • Medical care for their car accident injuries which can include: hospitalization, medication, surgery, medical equipment and reconstructive surgery
  • Payment for damaged property
  • Payment for lost wages including estimated future lost wages
  • Payment for pain and suffering

If the judge or jury considers the defendant’s actions willful and malicious they may also assess punitive damages against them. Many accidents in cars are caused by the inattention or actions of multiple parties. If both parties are responsible for the car accident injury claim, the plaintiff’s award may be lowered.

Can I file a car accident claim in Dallas?

To file a personal injury claim in Dallas the plaintiff must prove three things:

  1. Fault – in a car accident claim the plaintiff must prove the other driver’s actions were negligent or reckless. Negligence is defined as “the failure to exhibit the level or care which is exercised by a reasonable person in a similar circumstance”. Speeding, drunk driving or running a red light could all be considered negligent actions.
  2. Causation – in a car accident claim the plaintiff must prove that it was the defendant’s actions which were the proximate cause of the car accident injuries.
  3. Damages – the plaintiff must prove that they were in fact actually injured in a car accident from the negligence of the plaintiff.

Steps after a car accident in Dallas

When a car accident occurs, whether there are accidents in the car or not, the following steps should be taken:

  1. Do not flee the scene of the car accident.
  2. Check on all the other drivers, and if there are car accident injuries call 911.
  3. Do not make any statements, and do not admit car accident fault.
  4. Gather information from the other drivers who were injured in the car accident.
  5. Go see a doctor.
  6. Call the insurance company.
  7. Talk to a car accident lawyer and do not agree to any car accident injury compensation until the car accident injuries are verified.

Do I need a Dallas car accident lawyer?

Claims for car accidents may be simple if there is only minor damage and no car accident injuries. For this type of claim you may not need a car accident lawyer. If there are severe injuries or the insurance company is not providing the necessary compensation you need for your car accident insurance claim, it may be important to get legal help.

Car accident attorneys have experience negotiating with the insurance company to make sure you get the car accident injury compensation you need. Car accident lawyers also can help you pursue a car accident law suit if the negligence of another person caused your car accident injuries. Every state has a statute of limitations for filing a personal injury claim. In the state of Texas, under most conditions, a car accident law suit must be filed within 2 years from the date of the car accident injuries.

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