Category: Personal Injury Law

Whether you have been involved in an automobile accident, a slip and fall incident or sustained a workplace injury, it is important to have the right representation in your corner. While drivers, employers and businesses all carry accident and liability insurance, the insurance companies are not anxious to part with their money.

If you hope to recover your out-of-pocket costs and get compensation for your injuries, you need to hire an expert from the start. Recovering damages is no easy feat, and there are many obstacles on the way to a settlement. Here are three major obstacles injured parties face when trying to recover money after an accident.

#1. Proving Who Was at Fault

This is perhaps the most basic of all questions, but it is also one of the most important. Before you can seek any kind of damages, you must first accurately determine which party was at fault.

That process is harder than it appears. In many accidents there was more than one factor involved. Even if the situation seems clear-cut, you can be sure the insurance company will be fighting and trying to assign you some level of fault for the accident. Having an expert in your corner is the best way to protect your rights and start the ball rolling.

#2. Substantiating Your Damages

When it comes to recovering damages, you may be limited to your out-of-pocket costs and reasonable expenses. Before you can recover a single dollar, you will need to substantiate the amount of damages you claim.

That means gathering all of your financial records – from tax returns and pay stubs to self-employment ledgers and medical records. Having an expert go to bat for you can make this entire process easier and help determine how much money you are entitled to for your injuries.

#3. Deciding When to Settle

The whole goal of suing after an accident or injury is to be compensated for other damages you have incurred. Whether those damages include loss of wages, medical bills or pain and suffering, it is important to know when to settle and when to take the case to court.

An experienced attorney will have the expertise needed to know when a jury trial is in your interest and when mitigation and out-of-court settlement is the best path. No matter how severe your injuries after an accident or how complex the case, an expert lawyer can help you navigate these tricky waters and determine which path is the best one for you.

Personal injury cases can be extremely complicated, and it is hard for a non-expert to know which steps to take and when to take them. Having an expert by your side is the best way to step through the process and make the path from accident victim to fully compensated individual as smooth as possible. If you have been injured in an accident or suffered loss as the result of someone else’s negligence, the time to act is now.

Children whose doctors mishandle them during birth are affected from permanent, debilitating injuries. Typically, such things happen when their doctors have a problem with the delivery. This could mean that there were complications during the birth or how the doctor simply mishandled the newborn throughout the delivery or shortly after birth.

Some of the most common injuries involve babies’ lungs and brains. Many babies have trouble breathing directly after birth. This may be because of a birth defect or because a doctor fails to monitor a baby’s breathing, allowing him or her struggle to breathe for a few minutes. This, in turn, may affect other parts in the body.

Additionally, since babies have soft skulls, their brains are in danger of suffering trauma. A brain injury is more likely to occur when a doctor misuses forceps during delivery or forces the child through the birth canal. Brain injuries usually affect either cognitive or motor skills, however in some cases they might actually affect both.
Many of the conditions that could arise from these injuries are facial paralysis, cerebral palsy, Erb’s palsy, shaken baby syndrome, and brain and spinal damage. Some of these conditions are treatable with surgery and rehabilitation. Others may be permanent. Still others may be deadly, depending on severity of the injuries.

Parents of children who have suffered birth injuries may be entitled to financial compensation to help cover the medical expenses associated with their children’s conditions as well as for the pain and suffering these particular injuries put the affected families through.

Before pursuing compensation, individuals should seek experienced lawyer for assistance with building and fighting their cases.

The personal injury law is a law made to provide justice to people met with accident and to compensate him from all the losses stemming from an incident which was not due to his fault. It is all legal damage where a person might have to go to the court of law. The personal injury lawyer San Antonio will represent you in the court of law. The personal injury lawyer will gather all the evidences required to prove the truth in the court of law and do everything possible so that the case is won.

The personal injury rules applies differently in different situations

Accidents– In case of accidents, these are caused to negligence and carelessness of another person. Even after not being the fault the victim, he or she is required to pay for the hospital bills, surgeries and rehabilitation expenses. Also, this rule applies in case of medical malpractices due to the negligence of the unprofessional and incompetent doctors.

Intentional acts- Where a person is attacked by another person causing harm and other types of intentional torts, this rule applies.

Defective products causing harm to the person in which cases he faces various health issues. However, in this case there is no negligence on the part of the defendant who has been a victim to the bad product or the prescription drug

Defamation- Where the reputation of a person is attacked or harmed by another person this rule applies.

The personal injuries laws are common laws

These are made by judges and are not passed in the legislature in bills or statutes. The personal injury case decisions made in the court becomes binding on the courts lower in category than the decision making court. Thus this binding decision of the court becomes a common law for all other courts lower in stature. There are rules which differ from state to state and hence sometimes there are courts which use a guiding book of rules called restatement of torts to guide them in decision making for personal injury cases. There are also workplace related injuries which come in the realm of personal injury cases. If in some states it falls outside the realm of personal injury cases, workers compensation act can be used to solve the cases in the lawsuits against the employers. There is also a time limit within which a person can file a suit against personal injury.

The personal injury case details

The defendant and plaintiff are the two parties in the court of law. The defendant causes damage to the plaintiff. And this can be any of the above damages like medical malpractice, accident, the defendant can also be an n insurance company denying the payment of claim, or delaying the proceedings or underpaying the claims. It can also be a company responsible for giving defective products and even medical drugs, etc. However, it is not a contractual breach of any sort which requires one to go to a separate law known as contract law.

The defendant will try to pacify the plaintiff to do an out of court settlement. The defendant will pay a certain amount as compensation and ask the plaintiff not to file a case in the court of law.

In case the plaintiff is satisfied with the settlement money given by the defendant the case ends there, otherwise the plaintiff will file a personal injury lawsuit against the defendant in the court of law. He will appoint personal injury lawyer San Antonio for fighting the case. The lawyer will gather evidence, and try to prove the defendant liable for the claim and try to defend the plaintiff in all possible ways.

Filing suit for personal injuries can be an overwhelming experience. If you are new to the legal system you might feel overpowered by veteran lawyers and insurance companies who are rich with experience in such emotionally-charged environments. Get the facts concerning your litigation by uncovering frequently asked questions related to personal injury lawsuits.

Know your rights. Savvy attorneys and unscrupulous insurance companies cannot take advantage of a shrewd person. Arm yourself with the facts to put the ball in your court. If you are honest and upfront about your injury and any suffering it caused you are entitled to compensation for your pains.

What Questions Might Be Asked During the Deposition?

You might be asked if there were any witnesses to the accident which occurred. Expect to be questioned about the nature of injuries and illnesses you have suffered through the course of your life. The nature of your specific injury related to your court case, job history and how the injury has affected your life will all likely be brought into questioning during the deposition. Prepare yourself for these questions to ready yourself for your case.

How Much Will Your Case Be Worth?

This challenging question is based on factors like the level of pain and suffering you experienced, loss of earning capacity, lost wages, future medical bills and past medical bills. This value is based on hard evidence surrounding your injury. Based on similar cases an attorney might be able to make a rough estimate of the case’s worth but ultimately each case varies. Assess your degree of fault, the details of your accident, your employment history and the severity of your injuries to pinpoint the worth of the case. Consider also your litigation history, your lifestyle and the manner through which you seek medical treatment to find the value you seek.

What Is MMI?

A physician determines if you have reached MMI, or maximum medical improvement, when you have concluded your treatment with a doctor. Your healthy has stabilized and you are as healthy as you are going to be after the accident. You might receive a permanent impairment ranking according to strict guidelines set by the American Medical Association. Have your permanent impairment ranking on file to supply to car insurance companies.

Why Doesn’t Full Insurance Coverage Guarantee Compensation?

Specific circumstances dictate that you might not be fully covered. You would need uninsured or underinsured coverage in cases where the other party cannot pay in order to be fully covered for your injury. Hire an attorney before discussing your coverage with your insurance company. Make sure the company is not trying to dodge paying out a claim. Ask questions about when your coverage is applicable and what type of coverage you have to educate yourself. Since your insurance company might want to minimize payouts you might not be fully compensated even if you have full coverage. Other communication issues might create long delays in compensation. Be prepared for legal wrangling and stalling when you try to collect payments from your insurance company.