Make Your Claim: How Do Personal Injury Settlements Work?
If you’ve been the victim of a car or workplace accident that wasn’t your fault or based on the negligence of another person, we know you want justice.
However, understanding how to handle a personal injury case can be quite complicated—especially if you’re already in extreme pain and emotional distress.
Read on to learn what more about what the process of filing a personal injury claim looks like, and how you can get the best personal injury settlements possible.
Step One: Lawyer Up
Regardless of the severity of your injuries or the amount of emotional distress the accident has caused you, everyone wants to get the highest personal injury settlement possible.
However, without a lawyer, this just isn’t going to happen.
Not only will the right car wreck lawyer help to ensure you follow the rules of court and collect/file all the necessary documents. They’ll also be able to offer concrete proof of your pain and make compelling arguments as to why you deserve more than the typical settlement for personal injury.
Additionally, a lawyer may also be able to help you settle your claim out of court.
This is often an ideal solution as it guarantees you’ll get some money, takes less time, and is much less stressful than spending months or longer in court.
Step Two: Filing and Serving
Next, your attorney will officially file your personal injury case.
This is what begins the entire process, and it’s vaguer than you might expect. It discusses why the suit is being filed and the charges against the defendant.
Then, you’ll have about a month to actually find the defendant and serve them with the official complaint.
During this time, it’s essential that you monitor your behavior and avoiding doing anything that might jeopardize the legitimacy of your case.
Step Three: Collecting Documents and Evidence
In order to get the highest possible personal injury settlements, you’ll need to provide lots of records and evidence.
Collect witness statements from anyone on the scene, as well as the police report of the accident.
Make sure you also have letters from your health and/or car insurance company, your employer, and a copy of any medical records or receipts.
Step Four: Settling and Heading to Trial
Finally, you and your attorney will decide if it’s possible for you to reach an injury settlement out of court with mediation, or if the case truly warrants a trial.
The amount of your settlement will depend on the intensity of your injury, the level of negligence from the other party, their assets, your recovery period and the expenses associated with it, and more.
Need Legal Assistance with Personal Injury Settlements?
No matter which side of potential personal injury settlements you’re on, hiring an excellent attorney is what matters the most.
If you want to see justice done, then use our lawyer directory to connect with the best possible personal injury attorney for your case.
Still need a bit of help understanding the legal process of a personal injury case?
Our blog is always here to break down tough legal concepts, so give it a read before you meet with your lawyer.
When to Consider a Catastrophic Injury Lawyer?
First, it is worth mentioning that, even in the case of common personal injuries, most people do not request the services of an experienced lawyer. Instead, they try to settle the claim on their own.
Naturally, if you are the subject of a catastrophic injury, then it is strongly recommended that you rely on a catastrophic injury attorney to deal with your claim and help you get the best possible settlement or compensation in court.
But, how can you tell if you need a catastrophic injury lawyer? Well, this is an article that will help you make your final decision. In the following lines, you will find out exactly when to consider such a lawyer, as well as some benefits that come with hiring one.
What Is a Catastrophic Injury?
By definition, a catastrophic injury is a permanent medical condition that the injured party suffers as a result of an accident. Unlike personal injuries, the catastrophic ones will either take a very long time to recover from, or will permanently affect the victim.
Before considering a lawyer who specializes in such injuries, it is important to determine whether you are subject to a catastrophic injury or not. Here are some of the most common types:
- Broken Bones
- Amputation
- Paralysis
- Burns
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Organ Failure
- Internal Organ Damage
- Paraplegia
- Quadriplegia
- Deafness/Blindness
- Swimming/Drowning
- Carbon Monoxide Poisoning
If you are subject to any of the above, then you should consider a catastrophic injury lawyer. It is important that you do not waste any time and pursue a claim as soon as possible. You will have some of your medical bills taken care of, and you will also reach a settlement, or a trial in court, much faster.
If, for example, your family depends on you and your job and a catastrophic injury renders you unable to work, then it is of paramount importance that you deal with such a claim as soon as possible.
Why Is Hiring a Lawyer Important?
As mentioned before, you will already have many things to think about if you have been injured. Naturally, you may not be able to fight for the compensation you deserve. Therefore, you should let a lawyer do this for you.
You will have time to deal with your personal problems, while your catastrophic injury lawyer makes sure that your claim is properly dealt with.
Moreover, it is well-known that it can be very difficult for an individual to obtain compensation. In most cases, they agree on a settlement that does not favor them at all. Instead of receiving compensation worth millions of dollars, you may receive as little as a couple thousand dollars if you handle things on your own.
Obviously, an experienced lawyer will know exactly what to do to make sure that their client gets the best outcome possible, and that the injury won’t affect their financial life in the future.
The Bottom Line
In short, as soon as you’ve determined that you are the victim of a catastrophic injury, you should start looking for lawyers that are experienced in this field. Acting promptly can save you a lot of time and money, as well as spare you some of your medical bills.
Keep in mind that any type of damage (physical, emotional, etc.) is eligible for compensation. A lawyer will ensure that you get compensated for everything!
What Does a Personal Injury Lawyer Do and Why is It Beneficial to Hire One?
A personal injury attorney is probably going to be your best friend if you’ve been involved in an accident and want to be compensated. As you may already know, they are the ones you need to call if you want to get the best possible settlement in your case.
However, you may not know what they do exactly in order to help you win the case. They basically provide you with legal representation when you’ve been injured in an accident. Their main goal is to pursue compensation for the victims of an accident.
Still, this is just an overview, as their tasks are more complex than what we’ve mentioned. Therefore, let’s see what a personal injury lawyer does and why it’s beneficial for you to hire one!
What Do Personal Injury Lawyers Do?
Naturally, what a personal injury lawyer does depends on each case, which is mainly influenced by a specialty area and the stage of the case that they are dealing with. However, there are some things that they will have to do regardless of what case they are responsible for.
- Investigating Claims – personal injury lawyers work on a contingency fee basis. This means that they usually finance the case they work on. They will put themselves at risk. This ensures that they will properly investigate and assess a claim in its initial phase. It is very likely that, if they think your case will not win, they won’t accept it.
- Evidence Gathering – as with any case or claim that is to be disputed, gathering evidence is very important. You can expect your personal injury lawyer to request certain documents from you, while they will also procure incident and police reports on their own. They may also track down witnesses and collect their statements. For comparison, they work quite like a private investigator.
- Negotiating with Insurance Companies – as mentioned before, a personal injury lawyer will make sure that you get the best possible settlement for your case. This implies negotiating with insurance companies and determining the maximum amount of compensation available. They will also communicate directly with the insurance companies and prevent you from doing anything that may endanger your claim.
- Sending Demand Letters – after investigating your claim, the lawyer may send a demand letter to an insurance company. Such a letter demands a certain amount in damages for the injured party.
- Preparing Pleadings – in case the insurance company refuses to offer the injured party a fair settlement, the lawyer will most likely prepare a complaint against the defending party.
- Conducting Discovery – the lawyer may also send interrogatories to the opposing party, asking for specific information.
- Representing Clients at Trial – if your case ends up in trial, then your personal injury lawyer can easily represent you in court, because they are familiar with the procedures and customs that it implies.
The Benefits of Hiring a Personal Injury Lawyer
As you can determine from the aforementioned, there are many benefits that come with a personal injury lawyer. The most important one is that they will get you the best possible settlement for your case.
According to statistics, claims that are not handled by a personal injury lawyer are usually settled for amounts seven to ten times less than the cases when the injured party has a lawyer by their side.
Therefore, it goes without saying that hiring a personal injury lawyer will result in nothing but benefits!
The Bottom Line
A personal injury lawyer will process all of the information they are provided with. Of course, you will be the one to give them most of it.
Therefore, it is important that, before questioning the actions of a personal injury lawyer, you make sure that you have given them all they need to win your case.
Moreover, given that most of them work on a contingency fee basis, you will not lose money if they don’t win your case. In short, there’s nothing for you to lose if you hire a personal injury lawyer!
Can Car Accidents Cause Depression?
Car accidents are known to cause both minor and serious injuries to victims who are involved. Auto accidents also cause long term illnesses such as post-traumatic stress disorder (PTSD), depression, and even anxiety.
Mental health problems such as depression require medical treatment and a victim who is suffering from this condition as a result of a car accident can seek compensation with the help of a personal injury lawyer.
5 Depression Symptoms To Lookout For After Being Involved In A Car Accident.
1. No Longer Interested In Things Or People You Used To Like.
The first sign that may indicate you are suffering from depression after a car accident is losing interest in things or people you used to like. It can be your work, relatives, friends, and even a hobby. Things that used to bring you joy are no longer interesting and in such a case, it is advisable that you create a list of the things you used to like before the accident. This will help you realize whether you are losing interest in things and people or not.
2. Anxiety.
Anxiety is not just a normal worry, but a serious issue that can result in phobias, attacks and other serious symptoms such as muscle tension, insomnia, and even gastrointestinal issues. After a car accident, this disorder can start interfering with the victim’s ability to continue living a normal healthy life. That is why it is advisable that you visit a health specialist for a proper evaluation to be conducted.
3. Change in Eating Habit.
A person suffering from depression also changes his or her eating habit. depression can either cause a person to overeat or neglect to eat. Therefore, if you have been involved in a car accident and you, later on, realize that your eating habit has changed, then you might want to seek medical treatment because you might be suffering from depression.
4. Persistent Headaches.
If you are experiencing headaches after an auto accident, then this is a sign of depression. That is because when the body experiences increased tension, it can result in pains and aches such as chronic indigestion and jaw tension. Therefore, if you are experiencing persistent headaches after a car accident, then it is advisable that you visit a healthcare facility for further tests and treatment if necessary.
5. Not Getting Enough Rest.
Those who suffer from depression find it difficult to sleep or tend to oversleep. If you are facing such a problem after being involved in a car accident, then chances are that you might be suffering from depression. Besides suffering from insomnia, depression also causes one to feel weak throughout the day even when not engaged in any tough work.
Conclusion
Car accidents do not only cause physical harm to victims but mental problems as well such as depression. This condition is not easy to treat and can cost a patient a lot of money depending on how severe the problem is. If you have been involved in a car accident, lookout for any of these symptoms to help you determine whether you are suffering from depression or not. Lakota R. Denton is an Asheville Personal Injury Attorney who has helped many people who have been involved in serious car accidents.
5 Things a Personal Injury Lawyer Needs to Know About Your Case
As is the case with most claims, you need a lawyer in a personal injury lawsuit to increase the likelihood of success.
Besides, because personal injury suits require that you show fault as well as assess the damages, a layperson may have difficulties handling them on their own.
While having a personal injury lawyer is essential for your lawsuit, you have to provide him or her with particular information to build a strong case. The attorney will need to know a few things surrounding your situation. Listed below are five specifics a lawyer representing you in a personal injury suit needs to know.
When Did the Injury Occur?
Statutes of limitations regulate personal injury lawsuits. In essence, this means that you must file your claim within a specific period.
Note – failure to instigate a claim within the stipulated period bars you from seeking compensation. The lawyer will, therefore, want to know when the injury occurred or when you first learned about the damage. That way, he or she will be in a position to determine whether your case is within the set timelines.
What Expenses Have You Incurred?
The losses you’ve incurred in terms of medical bills and lost income as well as care costs primarily determine the amount you will seek compensation for your injuries.
Therefore, you must provide all the records that show how much you’ve spent at the hospital, dates that you have been out of work as a result of the injury and the receipts of any other expenses you may have incurred due to the injury.
Was the Defendant “On the Job?”
Apart from the person who appears to be at fault, you can petition other defendants in a personal injury lawsuit. Assume you were involved in a car accident, for instance.
If the driver of the car was carrying out his or her duties as an employee at the time of the accident, you could charge the driver’s employer in the suit as well.
Where Were You When the Injury Occurred?
The specific place where the accident occurred could also help determine who is legally responsible for your injury. For instance, if you were at a shopping mall when you sustained the injury, the owner of the property can be liable for your damages.
The law, under the theory of premises liability, states that the owner or tenant of a property can be held legally responsible for accidents that occur to other people while on the property.
Has Any Person Involved in the Accident Contacted You?
For you to succeed in a personal injury lawsuit, you must prove the defendant was at fault. Any form of communication and a possible defendant would prove critical in determining fault. Admission of guilt may also mean that you have the upper hand when negotiating for a settlement. While you’re at it, give your lawyer any proof of communication with the defendant’s insurer or attorney.
How to Choose a Personal Injury Lawyer
See, not every other attorney is worth representing you in a personal injury lawsuit. At the very least, you want to be sure that you stand a chance of winning your case. What does this tell you? Well, it implies that you’re better off finding an experienced lawyer to take up your suit.
And, speaking of experienced lawyers, Brian Guralnick is a highly rated West Palm Beach personal accident and injury attorney who can help you maneuver through the rigorous court processes. With over 25 years of experience and a proven record, you can bet that you’re dealing with a person who knows what he’s doing.
Remember to do independent research about what past clients have to say about the attorney you choose to work with. You can even ask them for their portfolio to have an idea of what to expect. Think of it as a way to ensure that you’ll get justice.
The Bottom Line
If you are contemplating filing a personal injury lawsuit for an accident sustained, you need to provide all the facts to your lawyer. Doing so will make it easier to prove that the other party was to blame for the injury and therefore increase the likelihood of getting compensated.
On top of that, a reputable attorney will assess your case and determine if you have enough evidence to build a solid case. So, get in touch with a personal injury lawyer in your area today for more advice. After all, most offer a free consultation.
The Different Types of Negligence in Personal Injury Claims
If you’ve suffered an injury caused by someone else, you’ll definitely want to make them pay for the damage done to you. In order to do that, you must be able to prove whose fault it was. This is legally referred to as negligence.
There are four elements that must occur for you to prove someone’s ‘fault’ or negligence.
- Duty
- Breach
- Causation
- Damages
The first two elements are more complicated to prove, but in short, the other person must’ve had some duty to provide you with a safe environment, and must’ve breached that duty somehow.
Most personal injury claims and lawsuits center around negligence. If injury or damage is caused to a person because of negligence, then the negligent party could be responsible legally.
Because negligence could happen in many different situations, there are various types of negligence that might apply in a case. These types include:
Comparative Negligence
This type is where the plaintiff is partially responsible for the injuries to themselves. They might be required to pay a certain percentage of the damages depending on their involvement.
For Example: In California, a plaintiff could be 95% at fault of an accident, and yet still recover the remaining 5% of a compensation award. This is part of California’s ‘Pure fault’ laws.
Contributory Negligence
Unlike comparative negligence, contributory negligence is where any amount of fault or negligence on the plaintiff’s side would prohibit them from receiving financial damage awards. So, a defendant would not owe a plaintiff anything for damages if the defendant was able to prove contributory negligence.
Gross Negligence
This type of negligence is where a person exhibited a complete lack of concern for the safety of others and would be 100% responsible for the damages and losses that have occurred. This type of negligence typically applies to medical malpractice cases or seriously violent matters.
Contributory and Comparative Negligence
This type of negligence is employed in cases where the injured party is responsible to a certain extent and would have their compensation reduced or completely eliminated.
In Texas, for example, the compensation is eliminated if the injured party is more than 50% responsible.
Vicarious Liability
This type of negligence is applied when the defendant is held accountable for the actions of another person they are considered responsible for. This could be used when a child has caused a serious injury and their parents would be held responsible, or when an employer is held responsible for the actions of one of their employees.
Seek an Experienced Attorney
Proving Negligence could be a challenge in some situations, but it’s imperative to win a personal injury case. That’s where the help of an experienced personal injury attorney comes into play.
Hiring a lawyer that has numerous cases involving negligence and who knows exactly how to deal with insurance companies and settlements would give you the upper hand, and would raise your chances in receiving full compensation for your damages and losses.
What Are Your Rights after Suffering a Personal Injury?
We’ve written about personal injuries before on this site, but in this post, we’re going to talk specifically about what rights you have following a personal injury. Injuries can result from a vehicle collision, accident at work, or other mishaps caused by the negligence of another party.
You’ll probably agree that the immediate aftermath of a personal injury is not an optimal time to start thinking about legal rights and monetary restitution, but it is important that you know about your rights before such an accident even happens. Let’s document a few of your rights following a personal injury so you can be informed when you call up a personal injury lawyer for legal assistance. In the Wilkes-Barre, Pennsylvania, area, JPP Law specializes in personal injury law and offers free consultations in these cases.
Right to Document the Accident
No matter who is at fault in a personal injury situation, you have the right to take notes at the scene if you were injured. Your first-hand written account of the event will undoubtedly be more accurate than your memory recall even a few days later. Be sure to include all the details of your injury, and take photos if you think they would help police or lawyers later.
Right to Call Emergency Responders
When you have been injured in an accident, you have the right to notify emergency responders such as police and paramedics, and we highly recommend you do so immediately, even if your injury doesn’t seem severe. Police should be involved to file reports, especially in situations with high amounts of property damage, such as car accidents. And you should have paramedics look you over in case the extent of your injuries is more serious than you believe.
Right to Speak to an Attorney
Laws surrounding personal injuries, insurance, and fault in accidents can be difficult to navigate, especially because the details of these laws vary by U.S. state. No-fault auto insurance states, for example, require injured parties in car accidents to seek claims from their own insurers rather than from the insurers of the responsible parties. In tort states, an injured person would file a claim with the responsible party’s insurance.
There are even more nuances that are a bit too complicated for the scope of this article. That’s why we recommend talking to a personal injury lawyer if you are confused at all about your rights following a personal injury. These attorneys know the ins and outs of how best to stand up for your rights and get you the financial compensation you deserve.
Injured at Work?: Here’s What You Need to Do
When you get ready for work, do you ever imagine that you could get into an accident on the job?
Well, if you work in an oil or mining field where there’s a constant threat of accidents, the story is different, no doubt. But if you work in a traditional office, injuries are the last thing on your mind – if at all. However, stats show you shouldn’t be too comfortable. In the United States, a worker is injured every 7 seconds.
If your worst fears come to pass and you’re injured at work, knowing what to do next can make a big difference, not only to your health, but also to your finances.
Keep reading to learn about the steps you should take.
Seek Medical Help
After getting injured at work, the first thing you should do is get medical help.
If you’re seriously injured and you can’t reach your phone, ask a colleague to call for medical help or take you to nearest healthcare facility.
Some workers who are injured on the job make the mistake of staying quiet. Perhaps they feel they’re okay to continue with their duties, or they got injured while doing tasks without wearing proper gear so they fear their employer will reprimand them. Regardless of your specific situation, don’t make this mistake.
Even if you’re feeling perfectly fine, it’s important to see a workers comp doctors. Some injuries might not present any physical symptoms until sometime after the accident.
Report to Your Supervisor/Employer
After treatment, the next step is to file an accident report. Most employers provide forms where injured workers describe the details of their accident.
Because there’s a legal timeframe within which injured workers should file a claim, it’s crucial to be prompt. But what if your treatment takes longer and you’re not able to get back to work soon enough?
Call your supervisor, who should then come (or send someone from the company) to the hospital or your home to record the details.
File a Compensation Claim
A workplace accident can keep you out of your job for several weeks, months or years, depending on its severity. You’ll also spend lots of money treating your injuries and other resulting conditions, especially if you didn’t have personal injury insurance.
Luckily, there are workers’ comp laws that protect people like you. Depending on the laws in your state, your employer or their workers’ comp insurer should compensate you adequately for your injuries and losses.
As such, file a compensation claim with your employer or their insurer. If your employer offers filing assistance for injured workers, well and good. But if they don’t, you might need to hire a workers comp attorney to help you fill out the paperwork and ensure the amount claimed is a fair estimate of what you truly deserve.
And in case your employer or their insurance company deny the compensation claim or want to pay out a lower amount, your injury lawyer will pursue other paths, such as going to court, to ensure justice is served.
Know What to Do When Injured at Work
Getting injured at work can have far-reaching consequences, no matter how minor an accident looks. This is why knowing what to do next is crucial. Be sure to follow the steps fleshed out above.
Good luck and keep reading our blog for more workplace tips.
Can You Sue After an Electric Shock Injury? Here’s What You Should Know
There are about 30,000 electric shock injuries in the U.S. every year.
About 80% of them occur to people when they’re at work. Electric shock is one of the more common workplace-related injuries.
An electric shock injury can cause a wide range of health complications. From burns to damage to internal organs, these kinds of injuries are not to be taken lightly.
If you were recently involved in an electric shock accident, you might be thinking about whether or not you should sue over it. Here is what you should know before filing a lawsuit.
Figure Out Who Was Responsible for Your Injury
Did you suffer an electric shock injury because you were using a piece of electrical equipment improperly? Or did you sustain an injury because you didn’t take the proper precautions prior to doing electrical work?
If you fall into either of these two categories, you might ultimately be the one to blame for the electric shock accident that occurred. But if you suspect someone else may have been responsible, that’s when you can consider filing a lawsuit.
The individual or company responsible for your injury might be:
- An employer who failed to maintain a safe working environment
- An electrician who did shoddy work on your building
- A company that manufactured a faulty product
Think about what caused your injury to occur and who might be to blame for it. If someone other than you was at fault, you should have a strong leg to stand on in court when you file a lawsuit.
Determine How Much You’re Going to Sue the Responsible Party For
Once you’ve figured out who you believe was responsible for your electric shock injury, you can decide if it’s worth suing them, and if so, for how much.
You can come up with an amount by crunching the numbers to see how much money you’ve lost due to:
- Medical bills
- Lost wages
- Rehabilitation costs
There might also be general “pain and suffering” damages that you should take into account. This will help you decide if it’s worth filing a lawsuit in the first place or if the attorney fees and aggravation will cost more than your windfall.
Find an Experienced Electrical Injury Lawyer
The only surefire way to determine if it’s worth filing a lawsuit following an electric shock injury is by speaking with an experienced electrical lawyer.
A lawyer can look at the details surrounding your electric shock accident and let you know if a lawsuit is worth pursuing. Learn more about how this type of lawyer might be able to help you.
Get the Money You Deserve After an Electric Shock Injury
It can take months, if not years, for people to get over the pain associated with an electric shock injury.
If your injury is going to limit you in any way moving forward, take the necessary steps to file a lawsuit over it. A lawsuit can help you get the funds you need to regain some sense of normalcy in your life.
Browse through our blog to get more information on hiring the right lawyer in your area.
4 of the Most Common Types of Personal Injury Cases
Every year, more than 2 million Americans sustain injuries during a car accident. And about 200,000 of them are hospitalized as a result of their injuries.
Many of these people choose to file car accident cases in an effort to receive compensation from other drivers or car insurance companies. This makes car accident cases one of the most common types of personal injury cases – but they aren’t the only ones.
Here are four cases commonly filed each year.
1. Slip and Fall Cases
Every year, nearly 1 million people are injured during slips and fall accidents on the job. They’re injured in a variety of different industries, including:
- Construction
- Warehousing
- Manufacturing
- Education
- Government
Many of these people sustain injuries to their backs, necks, shoulders, arms and legs, and even heads. They’re often forced to stay out of work for extended periods of time, and some even end up out of work forever.
If you’re ever involved in a slip and fall accident as a result of someone else’s negligence, you might want to speak with a lawyer about it. Know when to ask a spinal injury lawyer or personal injury lawyer to represent you.
2. Medical Malpractice Cases
Did you know that about 250,000 people die every year due to medical errors made by doctors? Medical errors impact people a lot more often than you might think.
When a doctor makes a medical error that results in death or another health complication, a person or their family can file a medical malpractice case. Although medical malpractice cases are often complicated, they can get people the money they deserve in the aftermath of medical errors.
3. Dog Bite Cases
Dogs are “man’s best friend.” But that doesn’t stop almost 5 million dogs from biting Americans every year.
About 800,000 people are treated for dog bites on an annual basis. There are even a handful of people killed due to dog bites each year.
If you’re ever on the receiving end of a dog bite, talk to a lawyer about potentially filing a lawsuit against the dog’s owner. They might be on the hook for any medical bills that you rack up treating a dog bite.
4. Defamation Cases
You don’t need to get physically hurt to file a personal injury case. Some personal injury cases involve emotional pain and suffering.
Defamation is one such case. When someone uses libel or slander to hurt your reputation, they could be forced to pay for it. You just need to prove that the defamation hurt you financially in some way.
Defamation cases can be challenging to prove in court, which is why you’ll need a top personal injury lawyer on your side. Look for someone with experience when it comes to defamation.
Hire the Right Lawyer to Help With the Different Types of Personal Injury Cases
Different personal injury lawyers can help you with the different types of personal injury cases.
If you were involved in a car accident and want to hire a personal injury lawyer, find one who has experience with car accident cases. If, on the other hand, you were involved in a slip and fall accident, search for someone who has expertise in this area.
This will give you the best chance to win your case and help get answers to all your pressing personal injury questions.
Browse our blog to read more about hiring the right personal injury lawyer for your specific case.
