Personal Injury Lawyers

Is it difficult to calculate the damages of your pain and suffering? Was there a severe disruption to your life or extreme property loss? A personal injury attorney can be helpful in answering these questions.

Personal Injury Lawyers Personal Injury Lawyers

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.

September 1, 2010

5 Examples in Determining Fault in a Personal Injury Case

If you believe someone else is at fault for an accident or mistake, or if you have determined you are at fault, there are some points to know.

This guide gives the essentials on determining who might be at fault. It also gives tips on how to handle situations where you are at fault or where you have case for a lawsuit.

Role of An Accident
You can prove fault in a variety of ways. In personal injury cases where someone is hurt, the injured person obviously has a claim. For example, you hit someone by running a stop sign. They did not look to see if you were coming, but because your duty was to stop, you are at fault. This is an example of how complex the event can be. If you do stop, then drive, and you still hit the person, because he or she made a mistake, you might both have some fault.

If the Injured was Careless
Using the previous example with both being responsible, fault may swing both ways in an accident where driver and pedestrian both made mistakes. Therefore, the injured would have less damages to claim in court or in a settlement with you. If you make the mistake and it is completely your fault, you pay the bill. If both sides have roles in the accident, the bill is much less.

Employer Fault
While car accidents are just one form of personal injury law, let’s consider another similar example. A company truck runs a red light, hits you, and you get whiplash. In this example, the company is often also legally responsible for the mistake. Therefore, you may get more money. It does not matter if the employer made the mistake or not; if an employee they hired and allowed to drive made a mistake, the result is liability.

Property Accident
If you rent an apartment and something bad occurs such as you slip and fall on a piece of loose floor, you might also have a personal injury case. Remember these are just the general uses of accident and personal injury law. If the apartment or building is not kept safe, the owner can be held responsible, no matter if he or she was aware of the problem or not.

Defective Product Claim
Some common problem are food contamination and medication mistakes. If the manufacturer of a food sells something spoiled, a market sells it, both the manufacturer and seller are at fault. If you take a medicine which is not supposed to have the side effects it has, you can sue the company who made the drug and the company who directly sold it to you (the pharmacy).

There is a lot of room for variation in these examples. But it gives you a general idea on the most common cases where someone is at fault for a mistake. Just because someone is at fault does not mean you will always get results. And in some situations you may not want to sue. Because this process can be lengthy, ensure you know the laws. The best person to explain this process is a professional personal injury lawyer. He or she will likely only be paid if you win; if you have a winnable case, most personal injury lawyers will tell you by offering to take it.

August 25, 2010

Proving Liability for a Medical Mistake

Sometimes the ones we put all our trust in are the ones who let us down most. Being a doctor is not an easy profession because of the intense pressures which occur on a daily basis. However, because they chose to help you, because they are paid to help you, and because you put your trust in them, they should be competent. Doctors who make clear mistakes that a competent doctor would not make can be held responsible in medical malpractice cases. More than the doctor can be held responsible too.

What mistakes are made?
There are a variety of problems associated with medical malpractice. The legal point to prove is that a competent doctor, nurse, or hospital staff would not have made the same mistake. If it’s clear someone capable could have performed the operation correctly, could have been clear on what to do,then you often have a legal right to a settlement.

What mistakes are made? Here are some very common ones.
-A wrong diagnosis for any kind of injury or ailment, leading to the costly mistake after.
-Mistakes in treatment, leading to injury.
-Being given the wrong prescriptions.
-Not giving treatment at the right point, where you might have avoided a problem had you been given treatment at the correct time.

How do you prove the mistake?

There are many ways to prove medical malpractice. We went over one: a competent person would not have made the same mistake. On the other hand, you can also prove that the treatment given is against the general ideas on how to handle the injury. If a doctor goes against generally accepted treatment guidelines, they can be at fault (or if someone else who makes decisions made this mistake).

Who can be held responsible?

Now we know that you can file a medical malpractice, and how to do it, so let’s go over who might be held responsible. Sometimes it’s relatively easy who’s at fault, other times it’s obvious more than one person is at fault, but you might have trouble finding someone who you can prove is at fault. These legal processes can be very complex. Your personal injury lawyer is invaluable in these situations.

You can prove a variety of entities are responsible. This includes the physician, the hospital, the nurse, and the pharmaceutical company.

However, you should not go into this alone. Medical malpractice is one of the most complicated personal injury lawsuits. You need a lawyer experienced not in accident law, but in medical law. That means hiring someone who has relevant experience in handling medical malpractice cases. You rarely have to pay them if you have a strong claim; you can pay them with the settlement. And the good news is most of these lawsuits are settled out of court, long before the trial.

August 20, 2010

Why is Your Personal Injury Accident Claim Taking So Long?

An accident claim is quite often a long distance run, not a sprint. That’s unfortunate in some ways, but really understandable when you think about it. Sometimes more time gives you a stronger case, a better scope of your injury, and the time needed to hire an excellent accident lawyer. This guide first goes over why accident claims are important, then makes it clear what you can do to speed up the process and still get proper compensation.

Why is time important?
You quite often will not know if your injuries are permanent, or if other injuries become problems, unless you wait some months. The recommendation is 6 months to a year, but really, one year is what you want. The extra time protects you from any future physical or mental injury, pain, and suffering. There are so many points to an accident case, so many things which may occur making more compensation needed. You may, for example, not be able to work safely for 2 years or more, but don’t know this until you try working again. The scenarios are many; just remember time is money, but more time can mean more compensation.

What happens before trial?
Before trial, you clearly want to evaluate all the effects of your injury. This is always with your doctor and other medical experts. Until your condition has stabilized, your doctor can make no assumptions. It’s his or her job to show how severe your injuries are, and this process should not be rushed.

The Discovery Process

Also before trial is discovery of key evidence, witnesses, and fault for the accident. Lawyers for both sides will be going over the evidence provided. Both lawyers exchange disclosure documents, list witnesses and experts who will testify, and also have you answer questions under oath. You will then be asked for the basic materials proving your need for compensation, including accident reports, medical costs, and insurance policies.

The Way to Speed the Process Up – No Secrets

The fact is most accident lawsuits do not go to trial. The great majority are settled far before you take a step into court. This saves the defendant excessive lawyer fees; and if your case is a strong one, they might need this money. Settlements are so common in accident cases that they sometimes occur before a lawsuit is even filed. You then pay your lawyer his or her fee from the settlement money, and get your compensation. Even still, you should not rush this process. Do not accept a settlement without the guidance of your doctor and lawyer.

How to Get the Right Lawyer

And just who should you hire for your accident case? There are many thousands of personal injury lawyers who’d love to work with you, most likely, because if you have a winner, they want to help. Not all are out for your money. This is a job, and they deserve compensation for help. But be sure they can help, be sure they have valuable accident law experience in and out of court, and also make sure that they do not charge you too much. Perhaps most important, you want to get along with this lawyer; if the case drags on, hiring a new one can be problematic.

August 18, 2010

What is a Demand Letter and Why Do You Need It?

A demand letter is an integral part of the personal injury law process. It can mean the difference between winning a lawsuit and getting nothing. An incorrect demand letter hurts you in court. An accurate one is the first step in winning a case, if not settling out of court for a high amount.

This guide will educate you in many ways concerning the demand letter.
-What it is
-Why you need it
-What it includes
-How to set a fee
-How to settle
-And what your lawyer can do

What is a personal injury demand letter?

This letter highlights why you feel compensation is required. You show your arguments on why compensation is deserved. You might have been in a very bad car accident, having to spend months in the hospital. On your insurance claim, you would want to show first how affected you were and second what you deserve in term of compensation. The demand letter acts as the first step in getting compensation for your injury.

What does the demand letter include?
-What injuries you suffered
-What current injuries have effected your life, as well as any new injuries which became problematic
-Why the other person or entity is legally responsible
-How much the medical treatment cost and how long it took
-How much income you lost
Some of this is pretty obvious. For one, your injuries can be proved by your doctor. Your pain and suffering can also be proved by your doctor, along with your own personal testimony.

How the person is legally responsible for your accident can be the deciding factor: you need to prove this in order to win. Using our car accident case, a police report may be the proof you need in a demand letter.

Not noted in those points is the amount of the claim. That’s because you want to ensure you are fully covered. You should know the full extent of your injuries. You need to see how this has effected your life in the short and long term. You definitely need legal representation in order to know the compensation deserved.

How to Set Your Personal Injury Compensation

You should consult with a personal injury lawyer when involved in any case like this. Your fee will involve the above points, such as how much medical expenses you suffered, and may be higher than you think. Since personal injury lawsuits are negotiated, quite often out of court and sometimes before meeting in court, you want a fee you can negotiate with. If you give a number above, say 50-100 percent higher than what you deserve, in negotiations you can go down and come back to your main number.

What can your lawyer do?
Your lawyer is integral in writing a demand letter; often he or she earns his fee through it. As to fees, you should be aware that most personal injury lawyers agree to take a part of the settlement money. This is important. Lawsuits typically take some time to come together, and therefore paying out of pocket for a lawyer may be impossible. If you’re case is a winner, you should have no trouble getting representation. Just be sure the lawyer is rates are reasonable, has experience in and out of court, and can spend some time helping you.

August 11, 2010

What Does a Personal Injury Lawyer Do?

Personal injury law can get complicated, especially when both sides disagree. In the majority of personal injury lawsuits, the defendant denies being at fault. Because of this, and because personal injury settlements can be quite high, it’s important to hire a personal injury lawyer. Why do you need one? How exactly does a personal injury lawyer help you?

Why hire a lawyer?
Personal injury law can be very complex, especially in wrongful death cases, and you’ll need an experienced personal injury lawyer. His or her job is to walk you through the steps to winning. However, he or she is also your source for whether or not this claim will work; it may be impossible to prove someone else is at fault for the accident.

How do they help?
An experienced lawyer handles the court process for you. They go over the laws involved, explain if you have a case, and note how much you should try to win. Quite often a personal injury lawyer will take his pay from your settlement or claim, not from your pocket. This gives them more incentive to only take on cases they can win. If one is willing to represent you, often that means you have a winnable case.

What happens before court?
Before court even begins, usually you’ll get some settlement offers. If you have a strong case for fault, about 95% of the time the other side will try to pay you without going to court. This is because lawyer fees can skyrocket for defendants, and they would rather settle out of court since it’s cheaper. Also, your lawyer will be helping you make a case that can win in trial. His or her job will be one of proving fault by bringing in witnesses, experts, and other evidence to help prove your case.

What happens in court?
In court, your lawyer will be explaining what really happened, proving this accident has caused you great pain by showing proof of medical problems, questioning any witnesses and also experts, while also trying to interpret the laws. The point here is to give you compensation. For example, if you were in a very bad car accident with a company truck which ran a red light, you would want your medical costs covered, pain and suffering issues to be compensated, any lost job time to be compensated for, and a variety of other issues.

How much will it cost?

As noted earlier, most personal injury lawyers take a portion of your settlement money. If you lose, they get nothing. This is the normal process. Some may prefer you pay them, but be careful in going ahead in this manner unless you are sure you can win. If you are unsure of how to hire an experienced personal injury lawyer, base it on actual court room experience, not the rate they charge. Fees vary, and you of course don’t want the lawyer to take too large a cut of your case, so be sure to consult with several and ask for rates before making a decision.

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.

July 30, 2010

8 Common Medical and Personal Injury Questions

Let’s get right to the questions you might have when it comes to personal injury law and medical negligence.

Is your case strong?
This all depends on the nature of your case, and requires some legal consultation. However, your right in personal injury cases is clear: you can sue if you or a loved one has been injured and suffer physical or mental issues. In many lawsuits, the case is so strong that the defendant will offer a settlement far before it goes to trial. Even if you get no such offer, the more proof you have of fault, the stronger your lawsuit.

How much will it cost?

Costs for a personal injury lawsuit vary according to the the time involved. Some personal injury lawyers are willing to waive their fees unless you win; if you do win, you pay them an agreed rate. This does not mean paying upfront is bad, as not all lawyers will do this. Also, you should only speak to personal injury lawyers who offer free consultations; you might be meeting several, and this is a fee you need not pay.

How fast will you get trial?

Personal injury lawsuits are not a sprint; they’re more like a long distance run. Typically you have to wait about 1-2 years before you actually go to trial. You should also wait some time until you know the entire scope of your injuries. Your damages may not appear until months later; it’s smart to wait 6 months to a year before you sue.

What if a loved one dies due to medical negligence?

You have the right to sue if you’re spouse, parent, or child has died due to medical negligence. These cases can be hard for you emotionally, but it’s important to exercise your right in court against those at fault.

What laws protect you from medical malpractice?

State laws can differ in terms of medical malpractice cases. However, the nature of the law is the same. If you or a loved one are hurt by incompetence, you have a right to sue the providers, usually the hospital. If it can be proved a competent doctor or staff member would not have made the same mistake, you have a clear case.

How much time do you have to file a lawsuit?

States have different laws when it comes to how soon you must file a suit. In all cases, you need to consult with a local, experienced personal injury lawyer. A lawyer can educate you on your strategy for filing a personal injury lawsuit and the time table for it.

Can you have a jury?
Your right is almost always to have a jury trial, though there are certain times where you can’t. This depends on state laws. States allow for jury trials, but sometimes if you signed an agreement beforehand, you lose the right to a jury trial.

What if you lose?

Losing personal injury lawsuits is not the end. This is what appeals courts are for. If you can prove the laws were not followed correctly in the original trial, you can make a strong appeals court case. This too requires an experienced personal injury lawyer.

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.