What Damages are Awarded?

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What Damages are Awarded? What Damages are Awarded?

Amtrak Train Bound for Chicago Derailed

In recent years, there have been many incidents of train crashes and/or derailments in the news. Personal injury attorneys have helped victims and their families recover following injuries to themselves or the death of loved ones. Whether the railroad crash was due to human error or mechanical problems, there are numerous options available to attorneys to file personal injury claims on behalf of the victims of these accidents to help them begin to rebuild their lives.


Amtrak Train Bound for Chicago Derailed

At least seven people were taken to the hospital after an Amtrak train bound for Chicago derailed in southwest Nebraska. On August 26, 2011, an Amtrak train departed from San Francisco carrying approximately 175 passengers. The train derailed at 8:00 a.m. when it crashed into equipment which had been left on the tracks.

Two locomotives and three passenger cars flew off the tracks. Some of the other cars leaned over on their side, but there were no reports of any fires. Mark Magliari, an Amtrak spokesman, says he cannot verify the exact number of people injured, but says that no one is believed to have life-threatening injuries.

Seven people were treated at Dundy County Hospital and considered “stable.” While no one was seriously injured in this accident, fatalities are common in train crashes due to the size and speed of the trains.


Train Accidents Involving Fatalities

In June of 2011, a deadly collision between an Amtrak train and a large Peterbilt truck killed six people and injured twenty more. More than 200 passengers and 14 crew members were on board when the train was struck by a big rig truck in the Nevada desert.

The driver of the truck, Lawrence Valli, slammed on his brakes and skidded for about 100 yards before slamming into the train, causing it to derail. Valli was killed in the collision.

Two lawsuits, both by Amtrak employees, have been filed against Amtrak, Lawrence Valli‘s estate, and his employer John Davis Trucking Company. Amtrak train attendant, Alexandra Curtis, claims she has suffered permanent injuries and has been diagnosed with post-traumatic stress disorder. She is blaming Valli for ignoring warning signs and railroad crossing gates.

Valli had a record of reckless driving that included three speeding tickets in the last four years, using a cell phone while driving, and carrying a load that was too long.

The second Amtrak employee to file a personal injury lawsuit, Lana Dickerson, also named Amtrak in her suit. Twenty-six year old Dickerson claims that after the accident, she was attempting to lead surviving passengers to safety when their path of escape was blocked by a locked baggage car door. The group then had to turn around, and go back through a burning car, walk over several dead bodies and jump out a window to a rocky rail bed fifteen feet below.

While Dickerson’s personal injury suit names the truck driving company, the main focus of her suit is on Amtrak and its policy that led to a locked baggage car door. Lawyers from both sides are studying Amtrak policies to determine if they required this particular door to be locked.

While these personal injury lawsuits may give relief and compensation to these employees, the victims also hope that their efforts can result in safer policies being enacted in the future.


Statute of Limitations for filing a personal injury claim

Most states require that a personal injury lawsuit filed against a carrier be filed within a certain time frame, or statute of limitations. If the suit is not brought before the designated deadline, the injured party loses his right to recover for injuries and/or damages. For example, California has a time period of two years from the date of the accident. Courts adhere strictly to these deadlines.

Additionally, if the carrier is government-owned such as Amtrak, there may be unique notices that are required to be given within a certain time frame. Some of these time requirements may be very short, within thirty to sixty days. These policies are set forth by local municipal regulations. An experienced personal injury attorney can help you file your personal injury claim within the specific statute of limitations and get you the compensation you need to recover from your personal injuries.



Personal Injury Claims in Restaurants

tourism map dining restaurant symbol

Image via Wikipedia

If you are injured while dining at a restaurant, did you know you may be entitled to compensation for your damages? Examples of such injuries can include:

  • If you become ill from eating the restaurant’s food, you may be able to file a personal injury claim based on food poisoning.
  • If the restaurant’s floors are slippery and you fall and are injured, you may be able to sue the restaurant to cover your medical expenses.
  • If your property is damaged by a restaurant employee, you may have cause to file a personal injury lawsuit. An example of this might be if your waiter carelessly pours coffee on your laptop computer or if the restaurant’s employee knocks down your fence while delivering your catering order.
  • Restaurant Owners Responsibilities
    The owner of the restaurant cannot predict or prevent every possible injury to patrons, but they do have the responsibility to take basic steps to ensure patron safety, such as:

  • Providing and maintaining a safe entrance and exit to and from the restaurant;
  • Making sure patrons can safely go from the dining area to the restrooms and back;
  • Following Health Department regulations to safely store, handle, prepare and serve food and beverages;
  • Regularly inspecting restaurant equipment, from tables and chairs to glassware and utensils, to ensure it is in proper working order;
  • Keeping floors free of obstructions (like water, electrical cords or uneven surfaces) that might cause a patron to slip and fall;
  • Alerting patrons if anything in the restaurant poses a safety threat, so that patrons can take adequate steps to avoid injury (like posting a “wet floors” sign after mopping).
  • Personal injury claims come about when a restaurant owner fails to meet any of these basic responsibilities.

    What to Do If You are Injured in a Restaurant

    First, seek medical attention, and document your injuries and treatment. Take photographs of any injuries you receive as soon as possible and even during the healing process to support your claim of injury. You may even want to document weight loss you experience if you are unable to eat or keep food down for extended periods due to serious illnesses like salmonella poisoning.

    An attorney licensed to practice personal injury law can assist you in obtaining copies of your medical records related to the injury, including x-rays and your doctor’s notes on your condition. Be sure to keep records of all expenses you incurred as a result of your injury, like medical bills, but also keep track of lost wages from any times you were unable to work due to your injury.

    Your personal injury lawyer may also interview restaurant employees or other patrons who witnessed your injury, as well as take photographs of the restaurant to document anything that contributed to your injury.

    What Happens Next in My Personal Injury Claim?

    Your personal injury attorney will assess your claim based on the medical evidence, your expenses and his professional expertise. He will contact the restaurant with a suggested personal injury settlement amount. The restaurant may choose to pay immediately or negotiate the settlement amount with your attorney. Should the restaurant owner attempt to deny any responsibility for your injuries, your attorney may file suit against the restaurant on your behalf; in this case, a judge and/or jury may hear your case and award damages based on the evidence presented. No matter how your case is settled, a personal injury attorney is a strong advocate working on your behalf in fighting the restaurant to recover your damages and receive compensation for your injuries.

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    Getting the Right Personal Injury Lawyer

    Paramount to any personal injury settlement is getting the right representation, a lawyer capable of helping you get proper compensation for your injury. You likely have more questions than answers at the beginning. That makes it important to getting a personal injury lawyer capable of answering all of them. This guide shows you how to hire the right lawyer.

    Where do you find a lawyer?
    You might visit your local state bar looking for a lawyer. If you’re in Georgia, you go to the Georgia State Bar, which has a website. If you have a family lawyer, you may ask for some referrals to experienced personal injury lawyers. You can always look online at sites and reference points. Many lawyers have sites and blogs like this one to help those interested in getting help. You can find out a lot about a lawyer’s experience by a site. You should always make more than one or two visits and/or phone calls. You should consult with several experienced lawyers. Make it a goal to not settle on the first or the cheapest. You can find a good one you can afford.

    How much experience should your lawyer have?
    Well, experience does vary, but you definitely want a lawyer who specializes in personal injury cases. You might even try to find a lawyer who has relevant experience. If you are suffering from a work related injury, you may be able to find a lawyer with experience there. If you suffered a car accident injury, you may get a lawyer with more experience in accident law. If you are dealing with a tough insurance company, you can find a lawyer capable of winning a major lawsuit. You have many options.

    How much do you pay?

    This depends on the lawyer and your case. Generally, you want a lawyer capable of winning, but also a lawyer who thinks you have a chance of winning. You should be able to get a lawyer willing to take his or her fee only if you win a settlement. This is called the “no win, no fee” philosophy, where if you lose  you get nothing but your lawyer also gets nothing. If you do win, or reach a settlement, your lawyer should take from 25-35% of the money. If you settle, it should be about 25%. But if your lawyer has to take this to court, that takes more time, and the final fee will be closer to 35%.

    What to do you gain?
    This too depends on your lawyer and your case. It depends on the nature of your injury. It depends on how much the insurer is willing to pay. You should get all medical costs covered. If you missed work, or lost your job, you should be compensated for that. If you suffer major pain and suffering, such as trauma from a car accident, this increases your compensation greatly.

    If You Have Questions

    If you have questions, that is what your personal injury lawyer is for. You can also look online and ask others with experience. The important thing is to take that big first step: hiring the right legal representation. If a lawyer is willing to take on your case for the “no win, no fee” philosophy, you likely have a winner.



    6 Ways to Avoid Inexperienced Personal Injury Lawyers

    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.



    Danger of No Legal Help in an Injury Lawsuit

    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.



    7 Questions to Ask Before Hiring a Personal Injury Lawyer

    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.



    9 Important Points to Consider In a Personal Injury Lawsuit

    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.



    6 Advantages of Settlements in Personal Injury Lawsuits

    There is a case for not settling out of court. Sometimes the offers you get are not fair at all. Though most personal injury lawsuits do settle out of court, sometimes your best choice is to fight for proper compensation. It may mean you get more. But there are advantages to settlements as well.

    You Lower Your Lawyer Fee

    Your personal injury lawyer will get his or her cut only if you win (if you hire a lawyer who has a “no win, no fee” philosophy). But, if you settle out of court, lawyer fees go down. It makes sense: your lawyer spends less time in court, less time making a case, less time preparing, and therefore his or her costs go down. You can expect about 25% of your settlement to go to your lawyer. If you go to court, it can be higher, at about 35%.

    You May Get More

    If you settle, there is a chance you’ll get more money than if you go to court. The judge may decide for you, but not give you the amount of compensation you wanted. And since your lawyer fees will go down, you stand to save some money there. If you feel the settlement offer is too low, consult with your lawyer in order to make the decision. The point is not to always avoid going to court, but to get more compensation.

    You Save Time
    If you go to court, the case can take years. If you settle, you may get a lump sum or monthly payments in  matter of months. If you are in a a tough financial situation, settling may provide the money needed. On the other hand, you may be able to get much more if you go to court.

    Proper Medical Coverage
    If you’re getting huge medical bills, settling before court can protect you financially. Medical costs for major injuries can cost you tens of thousands of dollars. If you need specialized medical attention, a settlement may help you pay for it;.

    You Get Future Financial Protection
    If you cannot work ever again, you deserve a high settlement offer. Even if you only miss some work, say a few months, it can hit your pocket book. Or if you have continued medical problems, that too can hurt you financially. Whether you settle out of court or go to court and win, both protect your future.

    You Can Move On

    If you want to avoid lengthy court battles, medical bills you can’t pay coming in the mail, and a lot of headaches, settling allows you to move on from this accident. If you were hurt and someone else is at fault, it need not be a long process. If you simply want to move on instead of fighting court battles for months if not years, a settlement is smart.



    What if Your Spouse Suffers a Major Injury? How Personal Injury Lawsuits Work

    While accidents and injuries occur every every minute of the day, it’s important to note your legal protections.  Sometimes the injury does not occur to you. That makes it important to also understand your spouse’s legal options if he or she is involved in an accident, suffers injury in the work place, suffers after a medical mistake, or for variety of other reasons.

    Do you have a claim?
    You don’t know if you have a claim without looking deeper in what happened, who holds liability, what injuries your spouse suffered, and finally by consulting with a lawyer. If your spouse suffers a minor injury – twists an ankle or something else with little pain and injury – the claim is likely not worth the time and effort. If you end up owing tens of thousands of dollars for medical expenses, and liability is clear, you definitely should consider your rights.

    Liability can be proven in a variety of ways. If the police report shows your spouse made little to no mistakes and the other drivers holds liability, that can be a major point in identifying your right to a lawsuit. If a doctor makes a clear mistake, gives your spouse the wrong medicine or advice, and this causes injury, you have legal protections. Bad as it sounds, the more your spouse suffers, the worse the damage, and the clearer the liability, the more value the claim is. On the other hand, this is quite important: you both deserve financial compensation, much more than the basic expenses.

    What are the first steps?
    This all depends on what happened. You always want a personal injury lawyer to look over your case, but before that, make sure your spouse is healthy, record as many details on the event as possible, record expenses and expected expenses, and find any possible evidence.

    Get Better
    Your spouse may not be in the best shape to take a major role in the case. If the accident causes whiplash, a relatively common event, you might take the lead role in helping him or her get better mentally and physically.

    Get Witnesses and Experts
    You might also take a more active role in putting together a case. With a personal injury lawyer’s help, you can collect evidence, find witnesses, and use experts, all to make a better court case.

    Who can help?

    Rarely do personal injury lawsuits go to court: most are settled before that. While you may want to be in total control of the lawsuit because of your spouse’s injury, you should immediately consult with an experienced personal injury lawyer. He or she will work for any money you get. If you lose, the lawyer should get nothing. If you win, the lawyer gets a fraction, usually 25% to 35%, depending on whether the case goes to court or not. Let a professional handle the case and your chances of a high settlement are great.



    4 Common Personal Injury Lawsuits: And How to Win

    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.



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