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How Long will It Take to Settle My Personal Injury Case?

Posted on August 3, 2017 by in Personal Injury

JUDICIAL HEARING PROCESS

When planning to file a personal injury case, this is an important question that comes to the mind. How long will it take to settle my personal injury case? It is difficult to provide a simple answer because there are several factors that affect the outcome.

The Timeline
A personal injury case can take anywhere from a few months to several years. It takes less time to settle the case if the liabilities are clear, injuries are diagnosed clearly and insurance provides for the damages. Some insurance companies drag the case to increase profit. It can prolong the time it takes to settle the personal injury claim. You should never settle for less if your injuries are serious. While agreeing to receive a lower amount of compensation can result in quick settlement, it may not be a wise idea in all cases. Some types of injuries last longer and require frequent treatments, therapies and healthcare services. A lower amount will be exhausted quickly. It is better to consult a personal injury lawyer and determine the right amount of compensation claim.

Determining the Person at Fault
In some personal injury cases it is difficult to prove who was at fault. The insurer can make a significant offer only if it is sure you have the right to sue it. The burden to prove the fact that your injuries were not caused by your negligence lies on you. The physician treating you may be unable to establish the defendant’s negligence. You have to prove the defendant’s fault to receive the compensation you want.

The Amount of Money
A personal injury case involving a larger amount takes longer to settle. Insurance companies carry out due diligence before agreeing to pay a big amount. They investigate all aspects of the damages and liability related to the case. They agree to a large amount settlement only when they come to the conclusion that they cannot defend the case. When they are unable to question your credibility or disprove the severity of your injury as claimed by you, only then they will agree to the settlement. Sometimes they will drag the case longer so the plaintiff wears out and agrees to accept less compensation amount.

Long-Term Injuries
Some individuals are able to afford treatments of their injuries for a longer time. They do not want to settle for a lower amount. During the treatment, it is difficult to assess how long it will take to recover fully or what type of treatments will be needed in future if full recovery is not possible ever. A full recovery will mean lower compensation compared to a condition where the injured person can never recover completely.

These are some of the factors that determine how long it will take to settle a personal injury case.


Personal Injury Liability in Aviation Incidents

Posted on August 1, 2017 by in Personal Injury

Aviation IncidentsWhile air travel is considered a safe means of transportation, fatalities and personal injury to passengers and crew can arise when aviation accidents happen. These accidents may be caused by pilot error, defective equipment, violations of federal aviation rules, human negligence, negligence of air traffic controllers, and third party negligence.

Aviation Accidents – Who was liable?
Those who suffer personal injuries arising from aviation accidents can pursue legal action against responsible parties, which could be the airline, the aircraft manufacturer, maintenance suppliers, or all of them in some cases. Owners and operators can be held liable for careless or recklessness that caused injuries and suffering to passengers, ground personnel and even the pilots. Under the theory of vicarious liability, the owners and operators may be held liable for the acts of their employees.

Common carriers may be held liable for claims under more stringent conditions than private carriers. A car crash lawyer Los Angeles has a good understanding of the road, while a lawyer dealing with aviation accidents have a good understanding of the complex FAA rules and regulations can help in bringing a successful claim against common carriers such as commercial airlines.

Manufacturers may also be held liable due to defects in the aircraft itself or defects in aircraft parts or component that led to the injury. A lawyer with extensive knowledge in product liability as it relates to aviation cases will be essential in bringing this type of claim.

What must be proved?
Claims can vary depending upon the cause of the accident and the injured party must prove that the defendant failed to meet industry standards relating to aircraft operation, engineering, structure and build and other regulatory issues. Negligence, or the failure to do or not do something that a reasonable person would have done under similar circumstances in order to avoid potential harm can also be imputed on pilots, maintenance personnel and providers and major airlines.

Injured parties can seek compensation in the form of damages for past and future medical expenses, loss of earning capacity, past and future pain and suffering, emotional hardship, loss of association for married parties, and punitive damages.

If you have suffered personal injuries from an aviation incident, you need legal assistance with extensive knowledge in aviation law, product liability and related areas of litigation. Work with an attorney who specializes in aviation accidents to give your claim a high chance of success.


How to Find the Perfect Personal Injury Lawyer

Posted on June 13, 2017 by in Personal Injury

Personal Injury LawyerIf you have been injured in the line of duty, you have legitimate grounds to institute a case of workers compensation after an accident. The problem is that you are not a qualified legal practitioner so you cannot sue your employer successfully. You need a great personal injury lawyer to file the case and get compensation for you. Below are the qualities to look for in a personal injury lawyer.

Experience and Track Record
There is no reason to hire a lawyer that cannot win the case for you. You want results so your best bet is a lawyer that has experience in personal injury cases. Look for a lawyer that has handled cases like this in the past successfully. Once you find this candidate, you are on your way to victory.

A Listening Lawyer
It is vital that you hire a lawyer that can give you a listening ear. If the legal practitioner you are dealing with is too busy to listen to you, this is a bad sign. You need a lawyer that will listen to you attentively and know exactly what you want. This way, he or she will be able to serve you well in court.

A Committed Lawyer
If your lawyer is 100% committed to you, you can be sure of a positive outcome in court. The right lawyer for you is the one that has empathy. You are not just another client and you are not a statistic. You are a human being and an injustice has been done to you. The lawyer wants to ensure that this injustice is corrected. Once you have a lawyer with this attitude, you are practically guaranteed victory in any court in the land.

What You Can Do to Help
Contrary to what many people outside the legal profession think, lawyers are not magicians. If you want the right outcome in court, you should help the lawyer to help you. In this context, you can help your own cause by consulting your lawyer as soon as the accident occurs. If the case is filed on time, you have higher chances of victory in the court.

Give All the Facts
It also helps if you can give your lawyer an honest and detailed account of how the accident happened. This will help your attorney establish a water-tight case and improve your chances of success. Finally, you should believe in your lawyer. Work with your attorney and you will get victory in court


Brain Injury Causes and How to Protect Your Rights

Posted on May 11, 2017 by in Brain Injury

Brain injuryA brain injury can result from a sudden impact, but it can also stem from a strong jerking motion, such as that experienced during an auto accident. There are many brain injury causes, and even a collision at low speeds can result in a brain injury. When a vehicle is hit from behind, passengers experience a rapid acceleration of their head in the forward direction, followed by an immediate backward jolt. This can cause the brain to impact the inside of the skull, resulting in a brain injury.

If you have been involved in an auto accident, it’s important to know the symptoms of a brain injury. Of course, other types of accidents, such as a fall down a flight of stairs or something hitting your head, can also result in a brain injury. Whether it’s someone running into the back of your vehicle or it’s a slip and fall accident from a loose step or wet floor, it’s important to understand some of the common signs of a brain injury. For example, if you are experiencing one or more of the following problems, you could have a brain injury:

• Blurred vision
• Loss of vision
• Dizziness
• Headaches
• Amnesia
• Poor concentration
• Disorientation
• Short term memory loss

In addition to the cognitive and physical symptoms above, emotional symptoms might also be present; including:

• Irritability
• Depression
• Changes in appetite
• Agitation
• General personality changes

If you suspect you might have a brain injury, it’s imperative that you seek medical help. Of course, after you have received the necessary medical attention, you should also find a reputable personal injury attorney to represent your case.

While nobody wants to think that they are going to suffer long term consequences from a brain injury, it is certainly important to make sure that you are protected. Long term repercussions could result in loss of wages, a need to train for a new type of employment, recurring medical bills, the need for in-home care or help with daily tasks, and a general decline in quality of life.

A lawyer who specializes in representing individuals with personal injury cases will be able to evaluate your case and determine the best way for you to proceed. Your personal injury lawyer will gather information regarding the time leading up to the accident as well as the accident itself and the steps taken immediately following your injury. Other information such as witness statements, medical records, and police reports will also be important to include in your personal injury file.

Whether you were rear ended at a traffic light or you fell down a flight of stairs because of a loose handrail or a wobbly stair, it’s important that you seek legal help as soon as possible. If you wait too long, important things, such as photos of the accident scene and witness statements might no longer be available.


Birth Defects and Anti-Depressants

Posted on March 17, 2017 by in Anti-Depressants

Anti-DepressantsNot all pregnant women know the effects of anti-depressants on their baby. There have been many researches on this subject, and it has been proven that taking anti-depressants while being pregnant could lead to birth defects. Some serious defects include heart disease in your infant, irritability, low birth weight, low blood sugar, or even death.

However, what if you are suffering from chronic depression? How could you stop taking medication to have a baby? What if the pregnancy is unexpected? The best advice is to discuss the situation with your psychologist. He will know how to help you fight your depression while not taking your medicine, or he could find a good alternative to your usual medicine so that you don’t have to suffer from your episodes during your pregnancy.

Many pregnant women discover the effects of anti-depressants on their baby too late. If you or your loved one suffer from birth defects due to anti-depressants, even though the pain could be too much to bear, you need to understand your rights. Depending on the specific nature of your case, you may be able to sue the drug company or anyone responsible for their negligence. Again, the chance of you winning the case depends very much on specific details of your situation, and there is no hard and fast formula here. The best thing to do when this happens to you is to consult with a personal injury attorney. As a professional who has been trained in similar cases, your attorney will know which is best for you. If he thinks you deserve compensation, he will fight for your rights in court. There was a case with Zoloft recently where many women who suffer from birth defects sued the company for their failure to warn them of the side effects of the drug.

There is a correlation between anti-depressants & Birth defects cases & defective products lawsuits. However, to prove your case in court, you need a good lawyer. Consider consulting with different attorneys to know your chance of winning the case, as well as the amount of compensation you could get to make sure your effort will be worthwhile.


Negligence explained—Get to Know What it Means

Posted on February 26, 2017 by in Negligence explained

Negligence

Perhaps you may have heard of negligence as a term generally used in day-to-day life, but what exactly does negligence mean in law? It is a term that is used to mean failure of a person or party to take reasonable care that result in injuries or damages to a person to whom the defendant owed a duty of care. In law, negligence is provided for to allow plaintiffs claim damages because of carelessness of another person. In order for a person (plaintiff) to prove that another person or party (defendant) was liable for his or her injuries, certain things must be proven.

For example, the plaintiff must show beyond doubt that he or she suffered damages or injuries or loss. This means that even if you can prove that the defendant was negligent, you do not stand to receive any compensation until you demonstrate that indeed the action or inaction caused you damages. Juries are always guided by certain elements in law to help them in making a determination as to whether there is a case to warrant compensation. Some of the things that the jury must do are to compare the facts of the case, testimonies and the evidence adduced before them.

Negligence explained: Here are some of the elements that need to be considered

Duty

The question that one asks is whether the defendant owed the plaintiff any duty. Duty arises when the law clearly appreciates the relationship between the two parties and that the defendant is expected to act in a particular way towards the plaintiff. The judge is concerned with determining if the defendant owed the plaintiff the duty of care. Where an average person finds that there exists a duty under certain circumstances, then the judge will conclude that such a duty indeed exists.

For example, if the a person was walking along the road and a dog bites him or her, the question that the court will want to resolve is whether there was a relationship between the owner of the dog and the person who was bitten. Clearly, the owner of the court ought to have exercised reasonable care by caging his or her dog to avoid such cases. Therefore, the court will most likely find that the owner ought to pay for the damages due to the dog bite.

Breach of Duty

One will be liable for negligence is he or she breaches the duty that is owed to the plaintiff. Where a defendant breaches such a duty by failing to exercise reasonable care, he or she will be required to pay for the damages arising out of negligence. Here, the jury will have to determine the existence of a breach as a question of fact. Like in the above case, the judges will be deciding whether the owner of the dog exercised reasonable care in protecting by passers from his dog.

Cause in Fact

Traditionally, the plaintiff must prove that the action of failure to act by the defendant caused him or her injuries. This is commonly known as “but-for” causation. This means that were it not for the defendant’s action or inaction, he plaintiff would not have sustained the injuries. Like in the case above, the plaintiff would have to prove that had the owner carefully handled the dog he or she would not have sustained the injury.

Proximate Cause

It concerns it self with the extent of the defendant’s responsibility in a case involving negligence. A defendant is only liable for the damages or losses that he or she could have foreseen as a result of his or her action. What this means is that if the loss suffered is outside the scope of the foreseen risks, then the plaintiff will have no reason to say that the actions of the defendant were proximate cause of his injuries.

Where you are confident that you have suffered a loss or damages because of clear negligence, you can file a lawsuit for damages. Since the process of proving negligence and determining the amount of compensation is lengthy and cumbersome, it is advisable to contact your personal injury lawyer for help.