There are several elements which must be proven to win a personal injury case. First, you must prove negligence. Negligence is the failure of someone to take reasonable caution to avoid injuring another person. You have the right, by law, to file a personal injury lawsuit to recover damages from someone who causes you personal injury due to their own negligence.

There are usually four areas of negligence that need to be proved by your personal injury attorney for you to prevail in court.

Did the negligent person owe a duty to the plaintiff?

The first element in the personal injury case which must be addressed is the existence of responsibility. Did a relationship exist between the plaintiff and defendant? Did the defendant have an obligation to act in a certain way to avoid causing injury to the plaintiff?

For example, a driver owes other drivers and pedestrians the freedom to move about safely on the roads without being hit by his car. If that driver strikes another driver while texting on his phone and causes injuries, a personal injury lawyer could argue that the driver was negligent when he took his eyes off the road to text on his phone. The driver had a duty to others on the road; he is negligent and directly responsible for the other driver’s injuries and damaged vehicle.

The negligent person breached his duty

Once you have established that the defendant owed the plaintiff a duty, than you need to show that the duty was breached. A breach of duty occurs if the defendant violates their duty by failing to practice “reasonable caution.”

While a judge decides whether a duty exists in a personal injury lawsuit, a jury decides the question of whether or not the defendant contributed or caused the injury.

The negligent person’s actions caused the injury

This cause in fact is also referred to as “but-for” causation. So, but for the defendant’s conduct, the damage to the plaintiff would not have happened.

There was an actual injury that can be measured

In a personal injury lawsuit, the defendant is only accountable for the injuries that the he could have predicted or foreseen through his behavior and/or actions. It is not enough to prove that the defendant was negligent. You must also prove that through this negligence, the plaintiff suffered real injuries and/or property damage.

Who can be sued for negligence?

A lawsuit that alleges negligence is not limited to just individuals who are responsible for another’s injuries. Various entities and professional people could be held responsible for a range of damages. For example, a manufacturer can be found negligent for merchandise they produced and/or sold that caused harm to an individual or damaged property. Also, a lawyer or doctor could be sued if malpractice on their part caused financial or physical harm to a client or patient.

Proving negligence is a complicated process. If you think you have suffered damage due to another’s negligence, it is a good idea to consult with an experienced attorney who can show you all options that are available to you.

You may be at a crossroads in your life. If you or a loved one has suffered a serious injury, greatly affecting your life, you may wonder what your options are. You deserve compensation, but how do you get it? The initial steps in filing a personal injury claim is seeing if you truly have a case, finding out if the injury is severe enough for compensation, and then finding proper representation.

Who should you hire to help?
Are you a personal injury lawyer? If you aren’t, you need representation. Not necessarily the family friend or the one who has a legal degree: you should hire an experienced lawyer who specializes in personal injury law. If you do that, you are in good hands. How do you choose one? It’s not the end of the world to get the wrong one on the first try, but generally you want to consult with several, look over fees, and see who is willing to work at a fair rate. If you can get a lawyer who is willing to work on the “no win, no fee” philosophy, that is your best option.

What if you get a low offer?
You get a lawyer. That means you’re serious. So what’s next? Before this, you will have filed a claim with the insurer. If they rejected your claim for help, which does happen, getting a lawyer indeed shows you intend to seriously pursue this. You may then get some offers before you even file with the court. If liability is clear, the insurer will want to settle early. They may give you what you think is a high offer, but find it’s not enough to cover expenses after medical costs, like lost wages. It’s not uncommon to get a low offer to start, and to then get a better one. So make no decisions until you negotiate, as you can always go back to the initial offer.

What if you get a high offer?
What really is a high compensation offer? This all depends on the nature of your injury. The greater the value of the claim, the more important a lawyer is. You may, again, think an offer is rather high, and it may be, but the question may be why they are offering this. Insurers do not want to go to court. If you can settle before court, on the other hand, that saves you legal fees too.

Should you go to court?
You should go to court if your lawyer advises you to do so. Make no decisions alone. And don’t be afraid to fight for more money; if the evidence is clearly on your side, you stand to get compensated for any physical and emotional problems, along with other points such as lost wages.

How much can you get?
Valuing a personal injury claim is never easy. You should factor in any expenses you incurred, such as medical and damages. You should factor in lost wages, no matter if you missed days or months. You should factor in your emotional trauma, any lasting effects you have, because this can greatly increase your compensation. The worse the injury, the more liability is clear, and the sooner you get representation, the higher the offer should be.

Since 8 out of 10 personal injury cases are settled before anyone sets foot in a court room, you may wonder about the “secrets” to closing a close before it has to go to court. But is going to court that bad? It depends. You might get more, but you might spend more on your lawyer. And a lawyer is the first step in correctly negotiating a personal injury case.

Should you file a lawsuit?
Do not file a lawsuit without a lawyer. The first real step is sending a letter explaining your injuries to the adjuster in the case. This is far more important than you might think. If you claim an injury of less value than it ends up being, you make it harder to get a quick settlement. If the adjuster sets a low number for the case, that is very hard to change. If you make clear your injuries, which can be difficult without a doctors help, you may get your full compensation.

Negotiating with the Adjuster
What happens if the adjuster sets your reserve too low, or too high? It can be almost a mind game. You should consider consulting with a personal injury lawyer if negotiations are tough. You can make clear your injury beforehand, but be sure you know exactly what has occurred. With a doctor’s guidance, you can do so. Right after any accident, even your doctor won’t know the full extent of your injuries. This is why personal injury cases can sometimes drag on; until you know the full physical and psychological issues, you cannot make a complete claim. On the other hand, you can keep your adjuster abreast of what is happening to better help you in later negotiations.

Consulting with a Lawyer
Make no decisions without a lawyer. This can be hard; will you really need a lawyer? Some lawyers may advise you to only submit your claim when you know the full extent. It all depends on your situation; few cases are exactly alike. Therefore, if there is some uncertainty with any decision, consult with an experienced personal injury lawyer. It’s his/her job to help you make decisions.

What if they pay?
If the insurer covers everything – it happens all the time – you can focus on recovery. If the insurer decides to set your claim lower, you may have to file a lawsuit. Once again, the majority of the time you will not have to set foot in a court room; you can settle beforehand, saving everyone legal fees. However, your trump card is the willingness to go to court. You may get a low settlement offer, reject it, then get a higher one. You may be able to prove more in court, such as with pain and suffering issues, and double the value of the claim. In any case, you need a lawyer to help make this decision, so hire one you can work with over a long period and who specializes in personal injury law.

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.

Will you be taxed for compensation you get from a personal injury lawsuit? Well, there are many ways to look at this issue – and the best may be to consult with an accountant and lawyer – but this guide will give you a general breakdown of what to expect.

First, not all settlements will be taxable, but some can be. This depends on how the settlement is reached, and what language is used in the final documents. If you do not address why you are getting this compensation, for example, you may face some tax problems. It’s smart to include why you are getting this compensation, but even then you should expect to pay some of your money to the government.

One common way the government takes money – whether it seems fair or not – is that of lost wages. Think logically here: if you make $50,000 a year, and taxes take $8,000 a year, but can no longer work this job for some time, you get compensation. More to the point, if you worked, those wages would have been taxes; if you are compensated for lost wages, you will have to pay taxes on that, just like you really had the job. See how that works? You are paying what you would normally pay, and there is little way around that.

If you suffer severe injuries, and you get a huge medical bill, and this bill is covered with your compensation, that money is almost always not taxable. Also, if your car is damaged, and you are compensated for that, that money is not taxable. Money you get to cover injury and damages, to your body and to your property, is rarely if ever taxable. This makes sense, as this money is not going into your pocket like wages.

If you suffer mental injuries, you are now in a difficult position. By some rulings, you may have to pay taxes on compensation for psychological injuries. If you go through a manic depression, or cannot sleep, or go through some other mental illness, you might think the compensation should not be taxable. However, it can be, and often is. This depends on the language used in the settlement. And it also depends on the type of legal representation you get.

There are some differences between money you get from a settlement and compensation you get from a ruling. A judge may use the necessary language in the final ruling – where you get your compensation – on what this compensation is paying for. He or she may have an affect on how taxes are done. On the other hand, settlements can be different, and the language needs to be correct in order to solve the tax issue.

Yes, these things do get complicated. Should you always pay taxes? Is it right? We could be here for days, as this is an issue in many personal injury lawsuits. You should expect to pay some taxes on compensation, but usually the most important money will reach you, not the government.

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.

What kind of claims call for a personal injury lawsuit? More than you might think. And you may be wondering why you have options when injured, or what your rights mean when you walk into a court room. This blog guide can help.

Do you have a claim?
A useful legal resource for lawyers, experts, and “newbies” is Nolo.com, who recommend you file a claim in four scenarios. You suffer a permanent injury. You or a loved one may be incapable of walking correctly for six months to permanently. You suffer from medical malpractice. An incompetent doctor or hospital makes crucial mistakes and it costs you. You suffer a severe injury, such as loss of sight, because of a car accident or fire which should not have occurred. Finally, in a world full of science and technology, sometimes “toxic” problems, such as dangerous gases or some other contaminate, can lead to major injury or death. In all of these examples, there is room for discussion on when a claim is worth pursuing. You should never make this decision alone; get a lawyer’s help.

You Have Rights
As a citizen of the U.S., as a worker, as a parent, as a safe driver, as someone who puts trust in a hospital, you have rights and they must be protected. It may sound like the Bill of Rights, but the point is that you have rights and sometimes you have to protect them. Often enough, it will be you, not someone else, making the decision for a lawsuit. You should make an educated decision by reading pieces like this one and consulting with a lawyer.

Who should you hire?
You have the option of literally thousands of lawyers pretty much anywhere in the country. Your options are many, but they are not all equal. Not all lawyers are capable of helping you. You want someone who specializes in personal injury, perhaps even has direct experience in your situation – if you were in a car accident, accident law is important. You need someone who has the time to help you, not a lawyer who passes the ball to his or her second. And you want someone who is willing to work on the “no win, no fee” philosophy, where if they lose, they get nothing, and if they win, they get something.

How much?
How much can you expect from your personal injury settlement? It’s a critical question, one we’ve went over before. This depends on how you act legally. If you settle out of court, it may be a “win, win” situation, where you can avoid a long legal battle. On the other hand, you may get more in court. Most lawsuits are settled out of court, and if you get the opportunity, consider it a gift. However, make no legal decisions without an experienced lawyer. There is always room for negotiation.

Winning is not always about money. Winning when you’ve been wronged has much more to do with it than the big check you get. Sometimes it makes a point. Of course, in New York personal injury law, winning is definitely about financial protection. It’s important if you or a loved one has been wronged – whether it’s medical malpractice, a hit and run accident, or many others – to get this financial protection.

Who can help?
First and foremost to winning a New York personal injury lawsuit is who you hire for legal representation. There are thousands of personal injury lawyers just in New York city, and many more outside of it. However, you can narrow the field down quite a bit by years experience, cases won, and price. A lawyer is like a lighthouse ensuring a ship reaches harbor: without it, you may crash and come up with nothing.

How soon must you file a New York personal injury claim?
Each state has different time limits for filing a personal injury claim. In New York, you must file the lawsuit within 3 years of the accident. There are some variations to the laws in other states. Generally you don’t want to rush a lawsuit nor wait too long. If you file too early, and suffer further injuries after not claimed, you stand to lose some financial compensation. Of course, if you wait too long it won’t matter at all. The best policy is to consult with a doctor, then your lawyer, and when the injury affects are clear, to file a claim.

What damages can you get?
States vary again on what kind of damages you can claim, but generally the scope of the laws is very much the same. All common personal injury lawsuits – such as hit and run, brain injury, medical malpractice, traffic accident, etc – can be claimed. However, what many fail to understand is that pain, suffering, and trauma also will be compensated for. If you suffered greatly and your life changed, you may get more from pain and suffering damages than for the actual injury.

How do you prove liability?
Your lawyer’s job is to prove liability and damages. Liability is who’s at fault and why. Sometimes this is quite clear: someone ran a red light and hit you. Calculating damages is different, as you’ll be looking at how the accident affected you both in the short and long term. If you cannot work your job ever again, financial compensation should include loss of work. If you suffered major physical and mental pain, you deserve more. Proving this usually involves a doctor, expert witnesses, actual witnesses to the incident, and if any laws were broken such as running a red light.

How much will you get?
Personal injury lawsuits in all states can be quite high. It does depend on who you are suing. If you’re suing a major company with a lot of insurance, the damages could be of great value. On the other hand, if you are hit by a truck from a small business, they may have less money to give. Usually these cases need not go to trial. You and your New York lawyer will likely get an offer to cover the damages and stay out of court; this saves you time and money.

If you or a loved one have been affected by a medical mistake, you have rights. That is the first step in getting a medical malpractice settlement. Unfortunately, many make mistakes in personal injury lawsuits, such as accepting initial low offers or hiring no representation. This blog guide walks you through the key steps to getting a medical malpractice settlement.

Step 1, Understand Your Rights
Since you and your family have likely been put through some kind of nightmare, it’s important not to downplay why it happened, who’s responsible, and your rights to compensation. You put your trust in a medical professional or hospital, and they failed. Even minor mistakes such as a mistaken medication filing can have major consequences. All hospitals make mistakes at some point, but that does not mean you have no rights.

Step 2, Get a Lawyer
In medical malpractice cases, hiring an experienced personal injury lawyer is crucial to winning. Yes, your lawyer has a fee, typically 25-35% of your final settlement. But remember, most only get paid if you win, giving them major incentive. And face it, do you really want to plead your case by yourself or with someone with years experience in law and personal injury? A lawyer ensures you get proper compensation for any damages, and that justice is served so you can move on.

Step 3, Be Clear on Mistakes
Initially, you want to be clear on what mistakes were made. The aforementioned mistaken prescription is a good example where proof is very clear. It can also be a botched operation by a doctor or the wrong diagnosis.

Step 4, Proving Liability
Liability in medical malpractice can be complicated. In many instances more than one person or entity can be held responsible and sued. The logical point is that, if someone more competent had been there, would the mistake have still been made? If an experienced doctor had taken your case, would he or she have made the same mistake? That’s how liability is proven in a court of law.

Step 5, Settlement or Winning in Court
Few medical malpractice cases with obvious liability go to court. Hospitals and medical professionals will settle out of court for a number of reasons, namely saving lawyer fees and an embarrassing battle. Rarely will you have to go to court to get your money, but if your case is weak on paper, you may have to fight in court. In both of these, your lawyer is your counsel. Let him or her make key decisions so you can win.

Should you take a settlement offer, or ask for more money, or go to court? These questions are quite important in personal injury lawsuits. Usually, you want to take the settlement offer if it’s fair. There are some points to consider before you make any personal injury lawsuit decisions.

Always Hire a Lawyer
First, do not make this decision alone, or let yourself be intimidated by insurers trying to give you money. Be smart, hire a lawyer, and explain no decision will be made without legal counsel.

Know Your Lawyer Fee
In settlements, a portion of the money is your lawyer’s. This typically goes from 25% to 35%, but usually on the low end for settlements. If your case goes to court, the lawyer will do more work and get a higher amount, closer to 35%. If you settle, and your lawyer spends less time on the lawsuit, it may be around 25%. But it’s important to know how much of your money is going to the lawyer when deciding on the offer.

Income Taxes
This can get complex legally, but a settlement may affect your income taxes, with or without a lump sum payment. It’s wise to consult with a financial expert in order to understand how much you’ll get after taxes.

Insurance
If the defendant has a lot of insurance coverage, that may mean a bigger offer. If they are barely covered, that may mean a smaller offer. Sometimes you can only get so much from the responsible party.

How Much Other Money?
Is the defendant a millionaire or unemployed? Is it a small business or a Fortune 500 company? Just like insurance coverage, how much the defendant earns must be considered in your settlement offer. You don’t want too little money if they have a lot, nor try to force a higher offer from someone lacking a lot of funds.

The Defendant’s Lawyer
Often you can reach a fair settlement, but this is dependent on the defendant’s legal representation. Some lawyers may be more than willing to take counter offers, while others may not. This is mainly a job for your lawyer.

Pain and Suffering Issues
If you’ve suffered severely, it’s your right to get higher damages. You may have been more affected mentally than physically. You may be able to work but suffer through extreme pain. You also deserve more for loss of life enjoyment.

What’s your low offer?
Finally, what is your bare minimum offer? Consider using it if the defendant lacks funds. You want a number you won’t go lower than, just in case. If you are miles apart, it may be best to go to court. That’s where an experienced personal injury lawyer is invaluable.