Category Archives: Personal Injury

Can I Hire a Personal Injury Lawyer if I do not Have Any Money?

If you have suffered personal injury and you need compensation for your losses or a loved one has been killed, you may need the help of a personal injury lawyer.  A wrongful deaths is the death of a a spouse, child or parent due to the negligent or deliberate act or behavior of another person or entity. The surviving spouse, parent or child of the person who lost their life may, in most instances, be legally allowed to file a wrongful death claim or lawsuit to recover monetary damages.

Hiring a Personal Injury Lawyer without Upfront Money

The good news is that you can hire a personal injury lawyer even if you do not have any money.  How? Personal injury lawyers work on a contingency fee basis.

What a contingency fee basis means is that you do not owe the personal injury lawyer any money unless that personal injury lawyer wins your personal injury case and secures a monetary settlement for you. If your personal injury case is won by the personal injury lawyer, you agree to pay the lawyer a certain percentage of the money that you are awarded.

Although the contingency fee arrangement is great for claimants who do not have extra money to hire a lawyer, contingency fee agreements can make it more difficult to get a personal injury lawyer to take your case if they do not believe you have a high chance of winning.

How much will the personal injury lawyer charge? The amount can vary from state to state but could be as high as 30 to 40% of the personal injury compensation amount. Some types of injury claims, such as workers compensation claims, will be regulated by the state and the work comp lawyer will not be able to charge more than the specified amount.

What about negotiating the personal injury lawyer’s fee? This may be possible, however, the most experienced personal injury lawyers who are in high demand generally do not have to accept less than the standard payment amount. Determine court costs, legal fees and other expenses prior to signing any type of agreement for legal services.

You may still be wondering whether it is worth it to hire a personal injury lawyer and bring a personal injury lawsuit when you have no money. If you hire a personal injury lawyer, included in your settlement may be punitive damages, emotional distress, mental anguish and pain and suffering. The inclusion of these damages can make it worthwhile to hire a personal injury lawyer even when you do not have any money.

If you have questions about your personal injury claim, complete the evaluation form and an injury lawyer’s office will contact you to discuss your personal injury claim.

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Can a Personal Injury Lawsuit be Filed if a Person Dies Before Filing It?

You may be a family member of a person who was the victim of a personal injury. Your family member was injured as a result of someone else’s reckless or negligent behavior. It may have even been a deliberate or willful act on the part of someone that caused your family member’s personal injury.

As a result of your family member’s personal injury, they decided to file a personal injury lawsuit. A personal injury lawsuit is simply a legal action that is brought in court by a person who has been injured either physically or emotionally by the negligence of another person or entity.

What if your family member dies before they could bring the personal injury lawsuit? Can a personal injury lawsuit still be filed? And, if so, can you or another family member file the personal injury lawsuit?

Although personal injury laws vary from state to state, it depends on whether the death of your family member came about as a result of the injuries that they sustained in the accident or from other unrelated causes. If your family member’s death was the result of the accident, your family member’s death is then considered by the law to be a “wrongful death.”

A wrongful death is an unnatural death. It is a death that should not have happened. It is a death that came as a result of someone else’s negligent or willful act.

Just as it is with personal injury laws, wrongful death laws also vary from state to state. However, if you are a spouse, child or parent of the deceased, you are allowed to recover monetary damages by filing a wrongful death lawsuit or claim.

Keep in mind, the wrongful death case can be won through preponderance of evidence, which is a lower threshold of proof then beyond a reasonable doubt, which is used in a criminal case. Some wrongful deaths may also be considered criminal actions including homicide, manslaughter, DUI death, but if the defendant is not criminally charged for the death this does not eliminate the family’s right to file a civil claim to recover damages for the wrongful death.

Personal injury claims, including wrongful death claims, will have a statute of limitations in all states. For instance, California injury laws allow personal injury claims to be filed within 2 years from the date of the injury (exceptions exist for medical malpractice cases). There also may be less time allowed to seek compensation if the injury occurred due to the negligent actions of the government or a government employee.

If you still have questions about whether you are one who is permitted to bring a personal injury lawsuit because your family member died before bringing it, the attorneys at www.personalinjuryplace.com are the ones who will have the answers to your questions. The attorneys at www.personalinjuryplace.com will give you the guidance and direction that you need. Do not wait. Go to the attorneys at www.personalinjuryplace.com without delay.

How do I Fire My Personal Injury Lawyer?

If have been injured from the actions of another person or if someone in your family has been killed from the negligent actions of another person, you may be able to file a personal injury claim and win compensation for your injuries.

But what if you have been injured, you hired a personal injury lawyer but they are not doing the work you are paying them to do? Do you have the legal right to fire a personal injury lawyer? Yes, you do, but nothing should be done without careful consideration.

Steps to Firing a Personal Injury Lawyer

 

Clearly evaluate why you are unhappy with your current personal injury lawyer. Make sure you do not blame them for something they cannot control, like the amount of time it may take for you to get your settlement. Is your injury lawyer not performing their duties or is the process simply taking a long time? Set up a meeting and discuss your concerns.

If you do decide to fire your personal injury lawyer, there are some steps that need to be followed:

1. First, review your legal agreement.

Does it give you instructions for terminating the agreement? Although your personal injury lawyer generally only gets paid if they win your claim, even if you fire your first personal injury lawyer, they may be entitled to compensation you win from your personal injury claim. If you hire a new personal injury lawyer this award may have to be split with your old lawyer.

State laws vary, but in some states if the personal injury lawyer is terminated “without cause” or by your personal injury lawyer with justification you may have to compensate your lawyer for certain legal services before you can terminate the legal agreement.

2. Talk to another personal injury attorney.

Make sure you outline why you were unhappy with your first lawyer. Make sure you feel comfortable with the skills and expertise of your new injury attorney. Be leery of any injury lawyer who has attempted to get you to fire your previous lawyer so they can represent you. This could be a violation of specific state laws against solicitation.

3. Finally, all termination agreements should be made in writing and should clearly state why you are ending the legal agreement.

You should also request your legal file, although in some states there may be parts of the file that may not have to be turned over, such as the personal injury lawyer’s assumptions and theories about the case. Do not be punitive in your actions against the lawyer unless they have acted unethically toward you or taken illegal actions in your case.

Keep in mind, it is generally better to make an attempt to work with your current lawyer. Many problems are a result of miscommunication and can be cleared up with a meeting.

If you have fired your personal injury lawyer and are looking for another one, the lawyers at www.personalinjuryplace.com will not disappoint you. The lawyers at www.personalinjuryplace.com will handle your case in the right way.

Wrongful Death for the death of a Child

A wrongful death is a death that is due to the willful, reckless or negligent actions of another party. That party may be another individual or individuals. It may also be a company or an entity. When the malfunction of an item results in the death of a person, in some cases the entity or company that made the item can be held accountable for the wrongful death.

The motives of the intent of the defendant may be irrelevant in the wrongful death lawsuit. In a civil case the courts are less concerned about whether the action was intentional or unintentional and more concerned about whether: 1) the defendant breached their duty of care toward the plaintiff (the deceased); 2) the death was caused by the defendant’s breach of duty; 3) the plaintiff or deceased suffered loss or in this case death due to the conduct of the defendant.

When someone is to blame for the wrongful death of a child or elderly person, it may be especially trying and upsetting. The hurt, pain and sorrow may be even greater. You may be angry and want to see whoever was responsible for that child or elderly person’s death pay for what they have done.

You may be the parent of a child whose death was a wrongful death? Or, you may be the spouse or child of an elderly person whose death was a wrongful death? Is there any action that the law will allow you to take against whoever brought about the death of your child or your parent or spouse? Can a wrongful death lawsuit or claim be made for a child or an elderly person?

Although wrongful death statutes and laws are not the same in every state, in most states, if you are the parent of the child or the child or spouse of the elderly person whose death was a wrongful death, you are permitted to file a wrongful death lawsuit against the party who caused that death.

The problem is that recovery of damages is usually small and modest in a wrongful death lawsuit that is related to the death of a child or elderly person. The primary reason for this is that the measure of damages in a wrongful death lawsuit is your financial loss.

When a child dies because of a wrongful death, the financial losses can be minimal. Recoverable damages are usually based on the habits of the child, state of health, life expectancy, earning potential, sex, age and work expectancy.

When an elderly person dies as a result of a wrongful death, the courts may determine they have a low earning potential. Because their child or children are nearly always adults, they are may not need significant support, nurturing or guidance from their parent. The loss, although emotionally devastating, may not financially impact the children.

If someone you loved has been killed due to the negligence of another person, it may be time to discuss your case with a personal injury lawyer.

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Should I File a personal injury claim?

How do you know if you should file a personal injury lawsuit?

The first thing to consider prior to filing a personal injury lawsuit is whether you have suffered personal injury to your property or person. Obviously, you would not have grounds for a personal injury lawsuit if you or your property have not been injured or damaged and you have not suffered some type of loss, either financially or emotionally.

Another thing to consider is whether someone else is responsible for the personal  injury to you or your property. To win a personal injury lawsuit you must prove your personal injuries were caused by the negligence of another person, and it was their actions that were the proximate cause of your loss. This means that if it had not been for their negligent actions, you would not have been injured.

Do all personal injuries have to cause physical harm? No, many examples of personal injury lawsuits are filed and won but the plaintiff did not suffer physical injuries. Loss can also be emotional pain and suffering.

In tort law, to win a personal injury lawsuit for emotional distress you will need to prove that the defendant’s actions were reckless and intentional, their conduct was outrageous and severe, and that due to their actions, you suffered emotional distress. It will be hard to win your personal injury lawsuit unless you can prove that their behavior was “utterly intolerable in a civilized community.”

Another important thing to consider when asking the question, “Should I file a personal injury lawsuit,” is the time that you have for filing a personal injury case. The statutes and laws dealing with personal injury lawsuits vary from state to state. However, each state has what is known as statutes of limitations for filing a personal injury lawsuit.

Basically, “statutes of limitations” set the time limits for filing a person injury lawsuit. If you believe that you have a personal injury case and you do not file the lawsuit until after the deadline in your state has passed, your right to recover damages for personal injuries  may be lost. In some states, the time limit may be only a year for filing a personal injury lawsuit.

Another thing that will help answer the question, “Should I file a personal injury lawsuit,” is whether you have any evidence or proof of your personal injury: bills from hospitals and doctors, copies of medical reports, police reports, the testimony of eyewitnesses and photographs of your pinjury. If there has been damage to your property you should get an estimate of the cost to repair the damage.

If you suffered personal injury which was caused by the negligence of another person or entity, it may be time to contact a personal injury lawyer. The attorneys at www.personalinjuryplace.com will give you the right advice and guidance concerning your personal injury lawsuit.

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Who is Allowed to File a Wrongful Death Claim?

If the death of your loved one or family member happened as a result of the willful, negligent, deliberate or reckless act of another party, the death then becomes what is known as a “wrongful death.”

This is true regardless of whether the act that brought about the death was done by a person or persons, or an entity or company. An entity or company could be a car manufacturer in which a malfunctioning car part was responsible for the wrongful death.

You should also know that the intent of the party responsible for the death of your loved one or family member has nothing to do with whether the death is looked at as a wrongful death. The intent of whoever caused the death of your loved one or family member may have been either intentional or unintentional. It does not matter. Any unnatural death that is due to the behavior of another party is regarded as a wrongful death.

There is nothing that could ever replace your loved one or family member. No amount of money or recovery of damages can make up for the life that has been lost. However, you would like to see that justice is done. You would like to see whoever was responsible for the wrongful death of your loved one or family member be held liable and accountable for their actions.

A wrongful death claim is a legal in which a decedent’s heirs and other beneficiaries are permitted to take action against whoever caused the death of the decedent. Wrongful death claims are governed by statue, and these statutes vary from state to state.

Filing a Wrongful Death Lawsuit

Most states allow the next of kin, children or a surviving spouse to file a wrongful death claim. There are some states that permit a surviving spouse to file a wrongful death claim even though they may have been separated from their deceased spouse. This is not allowed if the surviving spouse is guilty of failing to provide support or desertion.

Usually, parents are allowed to file a wrongful death claim for the death of their child, and children are permitted to do so for their parents. Parents are not allowed to file a wrongful death claim for an adult child in some states, and only children who are minors are permitted to do so for parents in some states.

If you are not sure if you would be allowed to file a wrongful death claim for the death of your loved one or family member or you have other questions about who is allowed to file a wrongful death claim contact the attorneys at www.personalinjuryplace.com. Please be sure and fill out the free case evaluation form at the bottom of the page and a personal injury lawyer’s office will contact you within a few days to review your wrongful death claim.

Filing a Wrongful Death Claim When the Deceased Did Not Have a Job

You may have a family member who died a tragic death that you believe was a wrongful death. How do you know for sure? A wrongful death is a death that has been brought about due to the irresponsibility, recklessness, negligence or intentional behavior of another party. This may have been one individual, more than one individual, an entity or a company.

You know that nothing can give back the life of your family member, but you would like to see the party or parties responsible for the wrongful death of your family member held accountable for their death. Have you considered filing a wrongful death claim?

Wrongful death lawsuits can compensate the family of a breadwinner who suffered a wrongful death due to the negligence of another person, but what if the deceased did not work or has never worked? Are you allowed to file a wrongful death claim? And if you are allowed to file a wrongful death claim, is it a good idea? What damages could you hope to recover?

Wrongful death laws and statutes vary from state to state. There are a minority of states that will not allow you to file a wrongful death claim for non-economic damages. These are damages for losses that are not financial. However, the majority of states will now permit you to file a wrongful death claim for recovery of non-economic damages. So this means that even if the deceased was not working and earning an income, most states recognize that their death does cause your family loss.

For instance, what if the mother of the family dies? She may not have been supporting the family economically, but no one would argue that her death does not cause the family substantial non-economic loss. The good news is that most states now agree.

The best thing to do is to go to www.personalinjuryplace.com where the attorneys will know what the wrongful death statutes and laws are in your state. The attorneys at www.personalinjuryplace.com will be able to advise you on whether it would be wise to proceed with a wrongful death claim.

If your family member was an adult who could have been employed at the time of their wrongful death or a homemaker, even though they may never have had a job, your family may, under certain circumstances, be able to recover damages.

Personal injury lawyers can review your wrongful death claim and help you estimate the loss of wages that you family member might have earned in the future or what it would cost to replace the services that are done by a homemaker. Do not hesitate. There are time limits on wrongful death statutes and laws.

Filing a Wrongful Death Claim

When a death occurs as a result of negligent, reckless or deliberate behavior on the part of another person, entity, persons or company, it is known as a “wrongful death.” To put it simply, a wrongful death is a death that ought not to have happened.

It is important to know that the intent of the wrongdoer is not relevant for a death to be considered as a wrongful death. The act that results in an injury that brings about death may be either intentional or unintentional. Therefore, when any unnatural death happens because of someone else’s act, it is regarded as a wrongful death.

Death can occur from an unintentional action such as a bicycle accident, car accident, or motorcycle accident. Intentional criminal actions can also lead to wrongful deaths (fights, assaults, rape, or murder).

Regardless of whether or not the actions which lead to the death were intentional or unintentional or whether the state decides to pursue criminal charges, the surviving family members of the deceased may, under certain conditions, be able to win compensation for their loss.

Filing a Wrongful Death Claim

You may have a spouse or family member that you believe lost their life in a wrongful death. You would like to pursue a wrongful death claim. How do you go about filing a wrongful death claim? What do you have to do? What is the first step in pursuing a wrongful death claim?

Most surviving family members should first talk to a personal injury lawyer. Filing a wrongful death claim is a complicated procedure that should not be attempted without the help and counsel of one of a personal injury lawyer.

A personal injury attorney can review your claim and let you know if you are allowed to file a wrongful death lawsuit. The surviving, immediate family members are generally the only ones who are permitted to pursue a wrongful death claim.

The immediate family of the decedent are sometimes called “distributees.” The most common distributees are children, spouses and parents, although wrongful death statutes are different for each state. Personal injury lawyers who are familiar with the laws of your state can make sure you are allowed to file a wrongful death claim.

The third step in pursuing a wrongful death claim is to make sure that you meet certain basic requirements. These basic requirements include:

Proof of death of your family member (a death certificate that is signed by a coroner)
Either a witness or evidence that another party was responsible for your family member’s death
Being able to prove that you have suffered economic, traumatic or emotional loss due to the wrongful death of your family member.

After you have met these basic requirements, you may pursue a wrongful death claim. However, before any papers can be filed with the proper authorities, a defendant must be identified. To win your wrongful death claim you will have to prove that your family member’s death was a result of the defendant’s negligence and you have suffered some type of loss.

Nursing home abuse and filing a personal injury claim

Senior citizens represent some of society’s most vulnerable people. Senior citizens in a nursing home are often most commonly abused, neglected or injured because they are unable to easily defend themselves.

Nursing home or assisted living facility abuse can be physical, financial or emotional. No matter what form the abuse or neglect may take, it is always hurtful or damaging.

Unfortunately, nursing home or assisted living facility neglect often goes unnoticed. Even though repeated visits are made to a nursing home or assisted living facility, signs of neglect may remain hidden.

There are several reasons why your loved one may suffer abuse in a nursing home or assisted living facility. A nursing home or assisted living facility owner may try and cut corners by skimping on training or staff.

In many instances, workers in these facilities are overworked, poorly trained and receive low pay. However, some of the worst cases of abuse may occur in nursing home or assisted living facilities which appear well run, professional and clean.

Common types of nursing home abuse

There are many different forms of abuse and/or negligence that may take place. Some of these include:

Being given the wrong medication or overmedication
Poor hygiene
Malnourishment and dehydration
Bedsores
Falls

You may have a loved one who has suffered some type of abuse, neglect and/or injury in a nursing home or assisted living facility. You may be outraged, angry or upset that this happened. You also may be trying to decide what to do. You may wonder whether it would do any good to contact a personal injury attorney.

Can an injury attorney help in this situation?

Personal injury lawyers can protect your loved one’s legal rights. An attorney can assist you in getting proper documentation before a nursing home or assisted living facility misplaces it or covers it up. An attorney will also be knowledgeable about the statute of limitations and other unforeseen issues which may prevent you from receiving a just remedy for the abuse, neglect or injury.

If your loved one has been injured in a nursing home it is time to talk to a personal injury lawyer. Do not delay. Fill out the FREE evaluation form and a personal injury lawyer will contact you to discuss your nursing home abuse claim.

How much does a personal injury lawyer cost?

Personal injury lawyers generally work on a contingency fee basis, which means they are only paid if you win your personal injury case. If you win your injury claim, they are paid a percentage of the fee which you are awarded.

What happens if they do not win your personal injury lawsuit? They are not paid their fee, although some injury attorneys will require payment for general costs to process your case such as the filing fee. This is generally not an issue but should be discussed with your personal injury lawyer prior to signing any type of representative agreement.

How is the contingency fee calculated?

The rate of pay for a personal injury lawyer can be affected by a variety of factors such as the claimant’s state of residence or the type of injury claim.

Personal Injury payment amounts can vary by state

Contingency fees can vary by state. Injury lawyers may charge from 30 – 40% of the injury settlement amount. Under some conditions, you, the client, may be able to negotiate a fee, especially if the potential settlement award could be very high. Keep in mind, the best injury lawyers may not be willing to negotiate the fee.

Payment amounts can vary by type of personal injury lawsuit

Injury claims such as workers compensation are tightly regulated by the state and the amount paid to a work comp lawyer will generally be established by law or must be approved.

For example, in Texas work comp cases, the lawyer is paid by the employer’s workers’ compensation insurance carrier out of the income benefits the injured worker received, but the work comp attorney fees must be approved by the Division of Workers’ Compensation and are based on the time and expense of the lawyer.

After the work compensation claim is settled and the attorney fees are approved, the amount paid to the lawyer is deducted from the claimant’s payment and sent to the lawyer. The amount can be as high as 25% but is limited by state work comp laws. Other states have different methods of determining legal fees in workers’ compensation claims.

Benefit of Contingency Fee Agreements

Contingency fee agreements can benefit the claimant, especially if they do not have sufficient funds to immediately hire an injury lawyer to plead their case. Injury lawyers are also highly motivated to work hard and help their clients get a high reward.

What are the downsides? If the personal injury lawyer quickly settles the injury case the client may feel that they paid their lawyer for doing very little work. It could also be argued that this type of agreement may increase the amount of claims filed because there are no negative consequences for filing frivolous injury claims. Although some could argue that injury lawyers would have less of an incentive to take claims that they do not think they have at least a small chance of winning.

Do any injury lawyers work on an hourly fee schedule?

Most injury lawyers will not work on an hourly basis, requiring clients to pay them for every hour that they work on the injury case. Why? Because most personal injury claimants do not have the necessary funds to hire an injury lawyer with up-front cash payments and the injury attorney may make less money under an hourly fee schedule than they could received if they eventually won the injury lawsuit.