You’re hit by someone who doesn’t check his blind spots while driving, or a work accident leads to a major injury, or you simply slip, fall, and break your leg in a store parking lot. Injuries happen every day, and while that may seem scary, remember your rights when an accident occurs. If someone is at fault, if you suffer severe physical and/or mental injury, if you get billed for $20,000 by the hospital, you have a right to compensation. We went over some of the common injuries, but let’s go into more detail.

Car Accidents
There are thousands of car accidents every day. The numbers can be scary. And remember every state gets hundreds of injuries and deaths related to drinking and driving. There are many who simply should not be on the road, or are busy texting and forget to stop. These things happen, and if you get hurt, you have legal protection.

Slip and Fall
Slip and fall injuries are also very common. If you are in a northern state, ice is a reality. And everywhere it rains is potential for a slip and fall. Simply because you made the wrong decision to step on ice, water, or an object, does not mean you have no legal claim. The owner of the property should have kept the grounds safe.

Hurt At Work
Being hurt at work can be somewhat fuzzy, as in some jobs, such as construction, you are taking some risks by accepting the job. However, once again your rights come into play. No matter your occupation, there is almost always a chance for some sort of accident, whether it’s from falling or some other hazard. You may feel odd suing the company who signs your paycheck, but sometimes you must.

Medical
Medical malpractice, our final common personal injury case, is also something you may feel odd about. After all, the hospital was trying to help you. But if they give you the wrong medicine or botch an operation, mistakes which simply should not happen, it’s important to know your rights. If it can be proven a competent doctor or nurse would not have made the mistake, you have a right to sue.

Can you win?
You always have a chance in a personal injury lawsuit. The clearer that liability is, the better chance you have of winning. Usually, if the evidence is against them, insurers and defendants will offer you a settlement out of court. Few personal injury lawsuits go to court, especially when fault is clear. But you do need a lawyer.

Who can help?
You may just take the first offer and forgo hiring a lawyer. That’s your choice, but you may not get an initial offer, or you may be able to get even more money out of this settlement. You simply do not know the value of the claim; an experienced personal injury lawyer does. Fees are minimal when you consider how much you stand to get for a serious injury.

Staying positive can be hard when you have suffered or are suffering. In personal injury lawsuits, sometimes you are in extreme pain, leading to other emotional problems. How can you stay positive during this process?

Protect Your Rights
How can you stay positive if you can’t walk for six months? Or if your in so much pain the doctors keep changing your medications? While it’s not always that bad, you have to consider your rights. You have a right to proper compensation, especially if you are in a bad state. To protect your rights, hire an experienced lawyer. Make no key decisions without family and legal consultation. You may want to just hand over legal matters to a spouse.

Ask for Professional Counseling
Asking for psychological help may seem unnecessary, but many suffer from trauma, depression, and anxiety after a major accident. You may be unable to work for six months, for example, and therefore are worried about paying bills. You should always seek professional help when struggling. Who you see and why are not for the purposes of this piece, but suffice to say it can help you get through the negotiations.

Let Your Lawyer Handle Legal Matters
If you hire a professional personal injury lawyer, let him or her handle all the legal issues. You should have some involvement if you are capable, but rarely do you need to have a major role other than telling the truth and explaining your situation. The lawyer will be working for a portion of the settlement money. That gives him or her incentive to help you win. You can save time and headaches by letting a good lawyer handle your case.

Consider Negotiation
Most personal injury lawsuits end far before trial. If you are worried about losing in court, remember that if proof is clear you will almost always get some reasonable offers. While you should never take a deal without knowing the full extent of your injuries and without guidance of a lawyer, you can avoid a lengthy court battle by taking a fair offer from the defendant. And the money can be quite large. If you have to go to court, as long as liability is clear, the more pain and injury you suffer the more compensation a judge will give you.

Know This Will Pass
While a court battle may take much longer than a settlement, there is always an ending. Your case will be finalized and hopefully you can move on. If you win, you and your family’s future will be protected.   Your injuries will be covered, your lawyer will be paid, and any further damages for pain and suffering can be factored in. While a high dollar value is not the biggest thing in the world, money is an issue for the majority of us.

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.

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.

Want a personal injury lawyer who charges “super low” rates and puts little to no effort into your case? Or do you want an experienced lawyer who can help you win?

Well, it’s not always as obvious as that, but many put money on lawyers – sometimes a lot of money – who lack the experience to actually handle a complex personal injury lawsuit. First, most experienced personal injury lawyers will only take your case if you have a winner. And second, they do this because they typically only ask for a percentage, from 25% to 35%, of the damages. But you need one with experience. Why?

Do you have a claim?
How do you know if you have a claim? If a good lawyer is willing to take it, you might have a strong claim. If you’re getting offers to take your case for a fee and/or you’re getting turned down a lot, you may not have a winner. A lawyer is your best adviser on whether you have a right to compensation for an injury or not.

Settlement Offers
On the other hand, you might know you have a case before even looking for a lawyer. Why? The insurer offers a settlement; in other words paying you money not to sue them in court. However, these offers, though they may seem quite high at the time, are typically not in your ballpark. No, you likely deserve much more. But you won’t know without an experienced lawyer.

Experience in Handling Out of Court Processes
Beyond settlements, your lawyer has other things to do outside of court. This includes getting witnesses, if any; getting experts willing to testify; getting any police reports or other documents; and also getting doctor evaluations on your injury. A personal injury case is not a race; it’s a sprint. It may take over a year to finalize. But most settle before court.

In Court Experience
If you and your lawyer decide to go to court, experience in the court process is invaluable. This is where your lawyer will earn his or her fee.

Winning
Why do you need an experienced personal injury lawyer? The bottom line is to win, to get you proper compensation for medical expenses, lost wages, pain and suffering issues, emotional distress, and much more. If your lawyer has won cases before and takes on your case, you are in good hands.

You Get Money
How much money can you get? This does depend on your lawyer. Some will try to avoid going to court, save themselves time, and take a quick settlement. This is a sign of inexperience, if not laziness. An experienced personal injury lawyer maximizes your damages, giving you the most money. After all, a good one is willing to go to court to help you win, but he or she will get compensated fairly too.

The most important point to remember in any personal injury case is that you have a right to proper compensation if you were not at fault. And even if you are partially at fault, you still have a right to a claim. If you are hit by a car, shatter a bone and are in the hospital for months, your life has changed. Certainly you deserve far more than just having your hospital bill paid for. Yet many misunderstand their rights in personal injury claims. You might get offered a big check, at a value half what you deserve. Including in this claim would be your inability to work.

This guide gives solutions for your personal injury claims. We will focus on:
Your inability to work.
If you will ever be able to work again.
If you were not at fault.
If your life has changed greatly.

You Cannot Work
Even missing 3 months of work can set you back thousands of dollars. This should be properly compensated for. You deserve far more than your hospital bill to be covered. Of course, there is far more to being off work than just losing money. You often lose opportunities and may not be able to work this type of job again.

If You Can’t Work This Job, Or Any Job
If you can no longer do physical labor and you have worked a construction job for 10 years, which you are trained for, you deserve compensation. Often insurers will try to cut corners in initial offers. Being unable to perform the same job is a life changing event. If you can no longer work any job, you likely deserve additional pain and suffering damages. If this happens to a loved one, it can also severely hurt the relationship. There are many laws involved and you need to consult with a personal injury attorney immediately.

You Weren’t At Fault
If you get into an accident and someone else is to blame, obviously you deserve damages. But don’t mistake your involvement. If you had a part in the accident, say walked in front of a car speeding, that does not mean your damages are significantly less. They can be lowered if it’s found both are at fault, but the person most at fault and who caused the injury still has to pay.

Your Life Has Changed
Finally, being unable to work your job is a life changing event. Many of us take pride in working every day. Being incapable of working changes your life greatly. Because your life has changed, other issues may present themselves. If you suffer through mental anguish this falls under pain and suffering issues, you need to be compensated.

Some of these points may sound very obvious. Because many of these cases are settled out of court, it’s important to note that personal injury settlements should cover more than medical expenses and work changes: they should also cover life changes.

If you have been hurt, you need to get better. If someone has hurt you, you need to know your legal rights. In personal injury claims, while no two cases are exactly alike, there are some parts which merit going over in detail. Namely, pain and suffering, emotional distress, loss of enjoyment, and other ways where your settlement may be higher than you think.

Why is it important to know these things? Aren’t injury, economic loss, and medical costs more important? You may be surprised to find your claim doubling in value simply because you went through or are going through extreme pain or emotional suffering.

Why Pain and Suffering Issues Make Claims Higher
Pain and suffering is not something you can quantify easily in legal terms, but that does not make it any less important. While your doctor may know the cause of the pain, he or she may have trouble actually stopping it. Not surprisingly, in personal injury lawsuits with extreme pain and suffering issues you can and should be compensated. If you suffer through this, it needs to stop, and those at fault must at the least make financial restitution.

What We Mean by Emotional Distress
You may go through a serious depression after you find out you’re ability to run will be gone, or you can barely walk, or that you will suffer through certain conditions the rest of your life. Perhaps you may suffer trauma from the accident. If you suffer emotionally, you need to be compensated.

Loss of Life Enjoyment
If you can’t walk, as an example, that is a loss of life enjoyment, and a great one. If you cannot do the same things you’ve been doing all your life, it can cause a great impact on your life. Therefore, proper compensation is needed.

Loss of Love
If you suffer through sexual problems –  not being able to have any relations with your spouse – this too is a major change in your life. Also, if you’re relationship with others in the family, such as your son or daughter, is greatly affected by your injury, this can be considered in a claim.

How to Value Your Claim
A personal injury claim is about far more than who’s at fault, why they’re at fault, and a hospital bill. Your claim can likely be valued much higher if you suffer beyond the injury. In any case, a professional personal injury lawyer is required. Quite often you’ll be getting offers from insurers; until they make due on the emotional and other damages, you and your lawyer should be prepared to make counter offers.

Pain and suffering, emotional distress, loss of happiness and love – these things can be difficult to prove. However, an experienced lawyer can get you proper compensation for your losses. While money isn’t the answer for everything, it is important.

Since most lawsuits never go to trial, especially personal injury lawsuits, this guide focuses on how settlements work. What shouyou factor in for settlements? How does your injury affect the case? What should you and your lawyer consider? We’ll be going over these questions and more.

Hiring a Personal Injury Lawyer
Hiring a lawyer is a key element in getting a better settlement offer. For example, you may get an early offer from the insurer, and even though it’s low, you consider it. In this case, you are in great danger of making a critical mistake. You always want legal counsel to look over the offer, even if this means a few hours of consultation with a lawyer. Usually you can get a much better offer by hiring an experienced personal injury lawyer.

Expenses and Costs
Does the settlement offer even meet your main expenses and costs? Hospital bills can run into the thousands, as can lost wages. If you are unable to work a job for a year which pays you $40,000 a year, those lost wages need to be covered. There are other costs and expenses too, but the important thing is to have a number you must reach. And usually you want much more than simple expenses and costs.

Pain and Suffering
What surprises many who file personal injury lawsuits is that you can actually get far more compensation from pain and suffering issues than actual medical bills and lost wages. Judges are apt to give you a high amount because, let’s face it, an injury can cause severe physical pain, mental anguish such as depression, and often completely changes your life. It’s justice to get proper compensation for these affects, and with the right lawyer you can get it. If you get a settlement offer that does not consider pain and suffering issues, you should negotiate.

Who Are You Suing?
How big is the defendant’s pocket book? For example, in a medical malpractice case you have a lot of room for damages. This is not just about getting money from them; it’s about getting proper help. However, knowing who you are suing and what kind of settlement offer they can make makes the process easier.

What Does Your Lawyer Think?
You may think you have a minor case, until your lawyer finds out a similar case was settled for twice what you were offered. This is where a lawyer can be invaluable: it’s his or her job to ensure you get proper compensation. Of course, not all lawyers are equally capable of giving you this information. If you get an experienced one, you should trust their judgment on the value of your case.

Similar Personal Injury Settlements
Finally, we mentioned this last element, that you should consider what similar cases have been settled for. But you should also have a minimum amount you take if the defendant can go no higher. This process can be like dancing. But if you know how much you really want and need, it can help. If you know that another case has settled for this amount, it’s a good goal to have.

Remember that personal injury lawsuits take time. If you go to court, it may takes months to years. Settlements save everyone time and money, but don’t be afraid to take this all the way to court.

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.

Winning is possible in personal injury cases because of laws that protect your rights. You have a right to compensation if you’ve been severally hurt. If a loved one has died, you deserve financial protection and to be able to punish those responsible. If you put your health in the hands of a hospital, it’s their job to keep that trust. Unfortunately, making sure your rights are not infringed upon can be tough. This blog guide goes over the litigation process, educating you on what happens, what you can expect from your lawyer, and what you should expect from those at fault.

First Steps
You hire a personal injury lawyer. Even if you are a lawyer yourself, even a personal injury lawyer, you should hire a professional who can spend valuable time on your case, can stay impartial, and can fight for your rights.

The lawyer will start out by gathering key evidence, witnesses, and experts. Say for example you were in an accident and had a major back injury. Your best evidence may be the witness to the accident. You can also use experts to show how this accident might have happened. And in a proper case, police reports are important.

Your Health
Once you have gotten capable of appearing in court, you and your lawyer will be making a plan based on medical problems you are having, what the doctor thinks, what kinds of losses you’ve had as a result of being unable to work, and some more economic details.

Ask for An Offer
In our accident example, you would want to allow for a settlement offer to be made. Your lawyer should formally ask them for an offer. If one is made, you have to make your own decision. Accept no offer unless your lawyer agrees, and be reasonable. If they are trying to cheat you out of proper compensation, you can keep fighting and with the right lawyer win even more.

You File a Suit
If you don’t like the offer or one never comes, you then file a lawsuit. Then the court process is in the hands of your lawyer. It’s his or her job to ensure you stay within the laws, to effectively use witnesses and experts, and to win you proper compensation. That makes hiring an experienced lawyer very important.

What personal injury lawyer can help you most?
The best personal injury lawyers do more than win, they care. Let’s face it, in many lawsuits you are practically married to your legal counsel. After all, you and your family’s future are on the line. Therefore you should be very picky about getting a lawyer with experience, who offers a fair fee, and who you get along with.

A good lawyer will not take all you compensation. He or she will get a part of the settlement money. This keeps costs down for you while the litigation is ongoing, and gives the lawyer more incentive to win.