Archive for #personalinjury

The Top Reasons Why Personal Injury Cases Usually Result In Favorable Verdicts

An accident can happen at any time, and it is important for everyone to make sure they hire a personal injury attorney who can fight for their rights and represent their best interests. There are a few reasons why personal injury cases tend to win in court, and a personal injury lawyer can help someone put their case in the best position possible to be successful.

One common reason why personal injury cases tend to result in favorable verdicts is that the injury was not the fault of the plaintiff. For example, someone may have slipped and fallen on a wet floor that was not properly marked. Or, they were hit by a car while crossing the street even though they were in the crosswalk and had looked both ways. If the injury is not the fault of the plaintiff, and they can show that it was not their fault, their case might succeed.

The next reason why personal injury cases tend to succeed is that the plaintiff is able to show who is responsible for their injuries. Even if the plaintiff is not at fault, they need to properly identify the defendant. For example, they might be able to identify who was driving the car that struck them. Or, they might be able to show who was supposed to clean up that wet floor and prevent someone from slipping.

Finally, the plaintiff might have a successful personal injury case if he or she can show that the defendant knew about the danger. If the plaintiff is hit by a falling object, they might be able to show that the defendant knew about the dangers of the falling object and did not do anything to repair the issue. Or, they might be able to show that the defendant knew about the wet floor and did not act in a timely manner or mark the area with a hazard sign.

Ultimately, every personal injury case is different, which is why it is important for people who have suffered a serious injury to work with a personal injury lawyer. Always seek the care of a doctor first. Then, reach out to an attorney who can review the case.

Four Reasons to Call a Personal Injury Attorney

There are many incidents that can occur that will cause you to suffer a personal injury, but when is it necessary for you to enlist the help, guidance, and assistance of a personal injury attorney? Read on to discover the top four reasons you may need to call a personal injury attorney for legal assistance.

 

Auto Accidents

Auto accidents are the most common incidents in which you may suffer a personal injury. Many times, an auto accident will result in serious injury to you or your passengers. If you are a loved one has suffered an injury that has caused you to miss work, lose wages, or other issues, you will want to enlist the assistance of a personal injury attorney to hold the other party accountable for their actions as well as your medical bills and other expenses.

 

Medical Negligence

Medical negligence can occur if a physician, nurse, or other medical professional makes a mistake that causes you to suffer a personal injury. It is important to consult a personal injury lawyer right away if you have suffered any type of personal injury due to medical malpractice or negligence.

 

Public Liability Cases

From slip and fall incidents to an incident caused by a restaurant, store, or company’s negligence, public liability cases are more common than you think. For instance, if you are walking into a grocery store and slip and fall on the wet floor and there was no warning sign that the floor was wet, the grocery store may very well be responsible for paying for your medical bills and any lost wages from missing work. In this case, it is extremely important to contact a personal injury attorney who can gather evidence to determine who is at fault.

 

Victim of Crime

If you become the victim of a crime, from a domestic violence incident to a burglary or any other crime, not only will you want to file charges against the perpetrator through your local prosecutor’s office, but you may very well want to consult a personal injury attorney. Your personal injury attorney will help you receive compensation for medical bills that you incur as well as an array of other things.

Are You Due Damages? Here Is What You Should Know

Are You Due Damages? Here Is What You Should Know

Have you suffered damages due to somebody else? If you have, it makes sense to talk to a personal injury lawyer to ensure your rights are respected and that you are awarded compensation for your personal injury and damages.

Due damages? Here is what you need to know:

Type Of Damages

When it comes to compensation for damages in personal injury cases, there are a few different kinds that you may be eligible for:

  • Medical treatment
  • Lost wages
  • Property loss
  • Loss of consortium
  • Emotional distress

Don’t forget to add in special damages to your personal injury suit, if applicable. These include things like sick time used during recuperation, medication costs, and basically any other out-of-pocket expenses that you have incurred. Keep copious track with receipts.

Steps To Recover Damages

Now that you know what you are owed, how do you go about recovering damages? There is a bit of a process that you will go through, which is another compelling reason to be represented by a qualified personal injury attorney. Here is what to expect:

Initial Consultation

First things first: make an appointment to speak with a personal injury lawyer. Most will schedule an initial consultation at no charge- and do not get paid until you are compensated. Your attorney should be able to explain elements of law and inform you if you have a case during this meeting.

File Court Documents

It is imperative that you file your court paperwork and documents on time. Failure to meet stringent timelines could make you ineligible for compensation- and you may have to begin the process all over again. Consider how your paperwork documents your case and put effort into finding it and keeping it organized for attorneys and the court process to come.

Pretrial Motions

Your lawyer will now make pretrial motions on your behavior to build your case and show the evidence that you have documented and prepared. This is a very important phase that can make or break your entire case.

Negotiate a Settlement

Before you go to court, negotiations may occur. This is when lawyers and parties involved try to figure out what is due, and whether anyone is going to compensate you. If your case is strong, the negotiations may reflect this as the other party may be reticent to take the case to court.

Attend Mediation

If negotiations fail, you may be asked to participate in mediation. This is yet another attempt to resolve the issue- or you and your attorney may choose to take it to court.

If this seems like a lot, it can be! Many parties do not make it easy to get compensation for damages that you have suffered, which is why personal injury attorneys are so important. Don’t settle for less than you deserve- get compensated for your injury and your damages. Talk to a reputable personal injury law firm to learn more.

Personal Injury Facts vs Myths

Personal injury occurs when someone incurs an injury either because of someone’s negligence or ill-motives. Should this happen to you or someone you care about, know that there is a recourse for you to take so that you can be properly compensated for what happened.

 

Here, we take a look at some of the more common myths on personal injury cases, and the facts that should bring clear answers and enlightenment to those who may need it.

 

MYTH 1: Personal injury law only applies to accidents like slip and falls, and car accidents.

 

FACT: Slip and falls, and accidents, are the most common types of personal injuries, but they are not the only ones. Medical malpractice also falls under personal injury. If a surgeon leaves a gauze inside during surgery, and this results in complications during the patient’s recovery, the patient may file for personal injury.

 

Psychological and emotional harms are also considered under this category, and so can be used as grounds for seeking relief in court.

 

MYTH 2: You should wait until you are healed or recovered before filing a personal injury lawsuit.

 

FACT: The sooner you get it done, the better. Keep in mind that there is a statute of limitations or a deadline for filing a lawsuit.

 

For personal injuries, specifically, you must file within two years from the occurrence of the injury. If this is not possible, such as the medical malpractice example above, then the statute of limitations begins upon the date of the discovery of the injury.

 

MYTH 3: It’s expensive to hire a lawyer and file a personal injury lawsuit.

 

FACT: The prevailing misconception is that hiring a lawyer to pursue a personal injury lawsuit is going to be very expensive. However, the fact is that lawyers handling personal injury cases forego legal fees upfront. Based on the contingency fee setup, their fees will be paid from the awarded settlement.

 

The lawyers are also in charge of the disbursements, or any and all necessary expenses incurred during the pursuit of the lawsuit. So if fear of cost is what’s stopping you from filing a personal injury lawsuit, don’t worry.

 

Get the justice and compensation you deserve. Hire a personal injury lawyer at the earliest.

An Overview of Pain and Suffering Claims in Washington State

Almost everyone strives to put safety first when they get behind the wheel of a motor vehicle; however, an accident can happen at any time and even the smallest accidents can lead to serious injuries. If you have been injured in a car accident, you may be entitled to damages if the accident was the fault of someone else.

When someone hears about injury damages stemming from a motor vehicle collision, they often think about medical costs, insurance bills, and even lost wages due to time missed from work; however, there is another category of damages that people should know. This is called pain and suffering.

The Definition of Pain and Suffering Damages

States will vary slightly in their definition of pain and suffering. In some cases, there might even be a cap. In the state of Washington, for example, pain and suffering are defined as an inconvenience, mental anguish, and emotional distress. This can even include probable emotional distress that may take place in the future.

The definition of pain and suffering is subjective and can be hard to quantify. While a medical bill has a number printed on it, as do the costs of car repairs, pain and suffering can be difficult to quantify.

Coming to a Fair Number for Pain and Suffering Damages

Because pain and suffering are both subjective, it is important to work with a legal professional to come up with a fair number. Often, this amount is going to be based on prior cases that might have had a similar outcome. Some of the factors that are going to play a role in the final number include the person’s age, his or her occupation, the person’s state of health before the collision, and the type of physical injuries that someone sustained.

In the end, it is critical for people not to settle for less than what they are owed. Too often, an insurance adjuster is going to tell someone that their pain and suffering award has already been set in stone. Instead, those who have been involved in a car accident should work with a legal professional who will fight to defend the rights of his or her client.