What you can expect during a personal injury suit

Placing Value On Your Car Accident Injury

Posted by on Mar 31, 2015 in Uncategorized | 0 comments

When you have been injured in a car accident, you may wonder how much compensation you can receive from the insurance company of the person at fault. You know you’ll probably receive money to pay for any out-of-pocket medical care you needed to seek due to your injuries, and you may be able to receive compensation for any wages that you’ve lost because you have not been able to work. But you may also be able to collect compensation based on the overall “value” of your injury. This article will give you some idea as to how the value of injuries in personal injury lawsuits are determined and calculated. Compensatory Damages  Lost wages and medical bills are two examples of compensatory damages. The payment for compensatory damages is meant to make the victim “whole” from a financial standpoint. They are easy to calculate and are almost like a reimbursement for property damage to your car, and the physical damages you have sustained because of the accident.  But other compensatory damages that are difficult to put a value on are pain and suffering, meaning you can get compensation for the discomfort you suffered as a result of the accident, and for any ongoing pain; emotional distress, which compensates you for the emotional suffering you endured because of the accident; loss of enjoyment, which is your loss of being able to participate in hobbies, recreational activities and exercise; loss of consortium, which is the loss of a physical relationship with your spouse. It is very difficult to place a face value on these damages. Calculating Value  When an insurance company or court is trying to determine value on compensatory damages that don’t have a dollar sign attached to them, they take many different factors into consideration. For example, a loss of consortium is calculated by looking at the couple’s individual life expectancy, determining how stable the marriage was, and how much care is needed for the injured spouse. A loss of enjoyment is more difficult to calculate, so some states treat the damage is a form of pain and suffering, while others treat it as a distinct kind of damage.  Other Damages Considered When calculating damages to be awarded in a personal injury case, some cases will take into effect any future medical bills you may have for continued care of your injuries. Your medical doctor will need to prevent information on how much care may be needed and an estimated cost of what that care will be. If you are considering a personal injury lawsuit, contact a personal injury lawyer from a firm like Sarkisian, Sarkisian & Associates PC to discuss the particulars of your...

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Stay Prepared Financially Through Settlement Negotiations

Posted by on Mar 23, 2015 in Uncategorized | 0 comments

Agreeing to enter a settlement agreement after an injury is a great step forward, but it isn’t the end of your legal concerns. You need to look deep into the details of the settlement and even deeper into your financial situation now and in the future–a difficult task when you consider how much the economy and your own income situation may change. If your initial worker’s compensation claim isn’t enough, consider a few circumstances that may change the way you view a given compensation plan and how it can help you prepare for an uncertain financial future. Time-Based Or One-Time? Whether you true the intentions of your legal opponent or not, you need to consider the two likely standpoints in the settlement: sufficient compensation for you versus the lowest payment possible for your legal opponents. These two standpoints are constantly at battle with each other, and the type of settlement may confuse you when it comes to understanding a settlement’s intentions. A time-based or structured settlement is designed to stretch the compensation payments out over time. Depending on the severity of your injuries and the amount of compensation suggested, it’s reasonable to believe that your opponent may not be able to pay everything up front. The structured settlements can be beneficial as long as they represent a sufficient percentage of your monthly income. Small payments over many decades may be nearly useless to you, so it’s important to look at the language used for the settlement. It may be morbid, but you need to consider how useful a structured settlement can be if you’re not alive for the full duration. For one-time, lump-sum settlement payments, think about the size of the settlement and what it means. Is the amount really enough to support your injuries for their duration, even if it’s for the rest of your life? Is the settlement a large, distracting number designed to tempt and distract you? The answer isn’t easy to discover, and ultimately depends on your financial outlook. It takes the help of a financial analyst and a worker’s compensation attorney to arrive at the numbers that can support a comfortable life with your injury. Your Working Potential May Be At Risk A settlement following a worker’s compensation claim may not be enough to secure your future. If worker’s compensation is barely supporting you, there may be danger ahead for your career path–not just your current job. Consider your job performance and how it can affect your ability to be promoted. If you lose your job for any reason or have to find another job, how difficult will it be to find another job in your condition? Not easy, especially if your current company closes for any reason. The settlement needs to consider the ways that your injuries affect your ability to earn an income. If necessary, job training programs or an agreement to cover the cost of college may be required to keep your income level acceptable and make it possible to move higher up the income ladder. Contact a worker’s compensation attorney like Law Office of Leslie S. Shaw to evaluate your compensation claim, injury history and settlement...

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3 Factors To Consider When Asking For “Pain And Suffering” Compensation

Posted by on Mar 17, 2015 in Uncategorized | 0 comments

No one likes to be in pain and if you are forced to be in this state, chances are excellent that you are going to be resentful and angry at whoever is doing the forcing. You are going to want them to compensate you for the trauma that they’ve put you through and you want to make sure that the money that you receive is enough to sufficiently make up for the pain. As a result, if you have been in a car accident and believe that you have enough of a case to demand “pain and suffering” compensation, you want to ensure that the sum for which you ask is sufficient. Here are three factors to take into consideration when asking for “pain and suffering” compensation. 1. Type of Pain and Level of Discomfort Even though both types of pain can be completely debilitating, a judge is going to find over-the-top, intense pain more compelling than a low level of pain that you can barely deal with for an extended period of time. As a result, if you are experiencing a low level of pain, you may want to ask for a slightly less amount of money, in order to seem reasonable to the courts. This is critical because if you seem like you are trying to take advantage of the defendant, then the judge may turn against you. Play it safe. 2. Duration of the Pain Pain that goes on for a long period of time tends to merit more compensation than pain that only goes on for a short period of time. As a result, if you have a low level of pain, you will want to play up how long the pain will go on for. Low-level pain that has the potential to go on indefinitely can net just as much money as horrifying, intense pain. If you experienced great pain, but only for a short amount of time, you will want to downplay its duration. 3. The Experience Level of Your Personal Injury Attorney If you have a highly experienced personal injury attorney, then you can ask for lots of money for compensation. If your personal injury attorney is less experienced, you may want to play it safer and ask for less. Often, the less experienced attorney will be less persuasive and have less clout in court. If you have a highly experienced, highly successful attorney, if you have a case, you can ask for practically any sum. For more information, contact a personal injury attorney such as The Jaklitsch Law...

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Car Accident Liability And Bad Weather Conditions

Posted by on Mar 9, 2015 in Uncategorized | 0 comments

While insurance adjusters and courts can take into account bad weather conditions, the truth is that drivers can still be held responsible for damage they cause in an accident. Proving Negligence Is Important The most important factor in a car accident case is whether the defendant in an action was acting reasonably given the circumstances. Even in a case involving bad weather and other hazardous conditions, a driver has a duty to drive safely on the road. If a person does not use proper judgment, or drives in a manner that shows with reckless regard for self and others, they can become liable due to negligence. Driving Defensively Prevents Most Accidents In bad weather, there are several types of drivers that can cause accidents, so you really need to step up your defensive driving skills. One is the reckless driver that drives the speed limit or faster regardless of road conditions. Many times a driver of a four wheel drive vehicle mistakenly believes they do not need to adjust their speed as much as the other drivers do. Another is the overly cautious driver who drives too slow and blocks the main lane in use, causing other drivers to try to go around them at their peril. Oftentimes bad weather hits around holidays, so you need to look out for the impaired driver as well. Finally, there is the inexperienced driver, who just does not know how to handle the changing conditions. If visibility is bad, you should pull off the road until it improves. Strong winds can also affect your ability to stay on the road and in your lane. These things will also be affecting the other drivers, so be vigilant. Determining Liability by Insurance Companies It may be hard to prove an overly cautious driver caused an accident, but an inexperienced, reckless, or impaired driver can still be found negligent. Usually, if it can be proved that an insured person was driving faster than the weather conditions warranted or following too close behind your vehicle for the slick roads, even if they were driving at or under the speed limit, the insurance company will pay up to avoid a lawsuit. However, if the other driver was doing all they reasonably could to drive safely at the time and still slides into you, an insurance company might fight being held liable. They could fight it on the grounds of it being an “unavoidable accident” in which no one was acting negligently or maliciously. If your car and the other car collide due to losing control of your vehicles, a shared fault may be determined. Sometimes one driver may be found to be more liable than the other in these situations, and the insurance company may offer a percentage of the amount that would cover some of the repairs. Acting Wisely in an Accident If you are in a bad weather accident, you should still do what you can to gather evidence of what actually happened and avoid being unfairly blamed for it. So don’t admit any guilt to the other driver or the police. You should use your cellphone or a camera to take pictures or video of the scene and road conditions, obtain names and addresses of witnesses, and get prompt medical care if you need it. You should also get...

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Legally Gray: The Gray Area Of Workers Compensation

Posted by on Feb 24, 2015 in Uncategorized | 0 comments

Injuries — they happen when you least expect them. Otherwise, you probably would have avoided them. When injuries happen during the time you take to get to work, or while you’re on lunch, there are a lot of questions about the whether or not your company is legally obligated to cover them. Although the following list won’t give you a complete breakdown, and it’s always best to consult an accident and personal injury attorney for further information, it might be enough to get you started. Traveling Traveling is a part of work, whether it means getting to and from, or for it. And the key words in that phrase are to, from, and for. In most cases, if you’re injured on your way to or from a typical place of employment, workers compensation doesn’t cover your injuries. However, if you’re traveling for work, or as part of work, workers compensation usually covers those injuries. Lunch/Meals Just as traveling to and from work isn’t covered, traveling to and from lunch isn’t usually covered either. So, if you slip on a wet floor at the local restaurant or burn your hand with coffee while in your car, you’re most likely out of luck. However, if you hurt yourself while you’re getting lunch for your boss (and hopefully yourself, too), that might be covered because it’s considered a job-related injury. These rules also apply for employees that work non-traditional hours, such as second- and third-shifts. Goofing Off and Misconduct There are lots of people that like to have fun while at work, maybe by throwing paper airplanes from cubicle to cubicle or maybe playing practical jokes. There are also people who purposefully disobey the general safety rules. So, if someone’s hurt during one of these escapades, who coughs up the money for the bill? Well, it depends on whether the employer knew this was happening or not. If an employee knowingly breaks a workplace safety rule and had been spoken to before about not doing it, the employee will need to cover the costs. However, if there is a rule about no throwing office supplies, but the employer has willingly let airplanes go, workers compensation will most likely cover that sore eye. Prior Injuries/Conditions If you sustained an injury, such as a broken ankle or herniated disc, at another workplace, switched work places, and never filed a claim, it’s most likely not covered. However, if you hurt yourself at another workplace, filed claims, or at least reported, and then aggravated it at your new place of employment, it’s almost always covered by workers compensation. The same holds true for delayed injuries from repetitious work or long-term exposure to chemicals. Talk to places like Franco Law Firm for more...

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How To Get The Best Settlement Possible For A Car Accident

Posted by on Feb 20, 2015 in Uncategorized | 0 comments

When you have recently had a car accident and you are not at fault, the other motorist, his or her insurance company or a lawyer may try to get you to sign something. Make sure that you consult with your lawyer before signing anything and also make sure that you fully understand the document you are signing. How you communicate with the other motorist’s insurance company will affect how much you will ultimately settle for. Insurance Companies Don’t Offer Attractive Settlements Initially For most insurance companies, it is standard to offer a very low amount initially. Then, if this amount is not accepted, they will be willing to negotiate for a larger settlement. The representative will usually have a set amount of money allotted to them for the case and you will want to get as close to the maximum amount allowed as possible. To accomplish this, you will want to consult with an accident attorney who can help you accurately determine how much your claim is worth. The adjuster will want to know if you understand how much your claim is worth. Then, after the adjuster provides you with an offer, you will want to come down slightly so you can demonstrate that you are willing to be reasonable. The insurance adjuster will usually not be willing to work with you unless you come down a little bit. You Will Need a Demand Letter You will need to explain in your demand letter once about why you are expecting the amount that you you want to receive. Then, each time you provide a new offer, you will simply need to emphasize the strongest points regarding why you believe you deserve the specific amount. The factors that you will want to include in your demand letter include how much the damage to your car will cost, your medical bills, any pain and suffering you have experienced and the effects that the accident has had on your everyday activities. The injuries you have sustained, the loss of transportation and emotional trauma can all have an impact on your day-to-day life. Communicate with Your Attorney Communicate with your attorney routinely about how your treatment is going. After you have been released from treatment, you will need to tell your attorney so he or she can retrieve bills and treatment records that he or she otherwise did not have yet. After you receive treatments from the hospital, you will want to discuss any residual complaints that you have with your accident attorney. These steps will allow you to get as much as possible for your...

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2 Reasons To Hire A Personal Injury Lawyer To Assist You With A Slip And Fall Case

Posted by on Feb 18, 2015 in Uncategorized | 0 comments

Hiring a personal injury attorney is absolutely vital in the event that you have been involved in a slip and fall case, mostly because of the many ways in which he or she can assist you. A slip and fall case typically occurs if you have fallen and injured yourself on someone’s property, usually as a result of the property owner’s negligence. Two ways that an attorney can assist you with this type of case are by investigating the scene of the accident and proving a history of owner negligence. Investigating The Scene Of The Accident A personal injury attorney will make sure that your case is as strong as possible by investigating the scene of the accident. While investigating the scene, the attorney is going to be looking for potential causes for your fall, such as poor lighting or broken stairs. In the event that no obvious causes for your fall are found, your attorney will look for any signs of recent repairs.  It is very common for a property owner to rush and repair the cause of any slip and fall accidents in order to avoid being sued. In many cases, the property owner will attempt to avoid blame by claiming that there was no damage to the property that could have caused your accident. However, your attorney will be able to easily counter that argument by submitting proof that repairs were made recently to the area where the accident occurred.  Proving A History Of Owner Negligence Your attorney will also attempt to prove that the owner of the property has a history of negligence that contributed to your fall and injury. Proving that there is a history of owner negligence can greatly strengthen your case and improve your chances of getting the money you deserve. One way that your attorney will prove that there is a history of negligence is by speaking to people that live in the area where the accident occurred, or people who frequent the area. For example, your attorney will be trying to determine if the property owner keeps his or her walkways free of snow and ice in the winter, promptly cleans up spills inside the store, and maintains sufficient lighting both inside and outside of the property. Speak to a personal injury lawyer today in order to discuss how he or she can help you with your slip and fall case. An attorney will be able to improve the odds of your winning your cases by attempting to prove a history of owner negligence and investigating the scene of the accident. For more information, contact Lerner, Piermont & Riverol, P.A. or a similar...

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What You Need To Know About Arbitration

Posted by on Feb 11, 2015 in Uncategorized | 0 comments

Following a vehicle accident, you more than likely want to get payment for your injuries and damages and move on with your life. Unfortunately, a quick resolution is not always possible. If there is a dispute between you and the other driver about damages, arbitration is a good way to reach a resolution. What Is Needed for Arbitration? In order to head to arbitration, you and the other driver or the insurance company have to agree to it. No one can be forced to participate. Once both parties have agreed to attend, there are certain things you both must work out.  One of the biggest issues you have to settle is the selection of the arbitrator. In most cases, the arbitrator is a lawyer or a retired judge. In some communities, there are arbitration groups that can fill the position for you.  You also have to determine how arbitration is going to be paid. The arbitrator could charge a flat fee or opt to charge by the hour. Both parties could agree to split the costs evenly or decide that the loser will pay the entire fee. Just be sure that it is clearly determined who is responsible to avoid further conflict. What Can You Expect? One surprise that you might find is that arbitration is similar to an actual trial. However, arbitration is a lot less formal and there is more leeway given to make your point.  Both sides can make an opening statement. During your opening, you can explain your case to the arbitrator. Once the opening statements are heard, you and the other party can start to present your evidence to back up your cases.  It is important to note that during arbitration, both parties have the right to cross-examine the other party’s witnesses. Even though a lawyer is not required for arbitration, it is a very good idea for you to practice your case and cross-examining with a lawyer. He or she can help you hone your case.  Once both sides have presented their case, the arbitrator will make a decision. In some instances, the arbitrator might not make a decision right then. If he or she has decided to wait on a decision, it will be sent by mail later. The arbitrator will let both parties know when to expect a decision. Whether or not arbitration is right for you is a personal decision. Talk to vehicle accident lawyers` before agreeing to it to ensure you have considered all the pros and cons...

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