No one looks forward to a legal consultation. Even though the lawyer is on their side, there’s always the embarrassment of having to go to one in the first place. This is especially the case if a personal injury victim has guilt about their accident.
Well, first off, you need to remember that a good lawyer will be just as concerned about his client’s emotions as he/she is about their case. A decent car accident lawyer will not be judgmental or critical. Instead, they will listen to your case with concern and compassion. They will want to help you not just for the money but also because they have genuine empathy for your situation.
For this reason, you need to be as forthright as you can about the incident. Never lie to your attorney, as that hinders both their case and their trust in you. Besides, if an attorney is doing their job, they will discover any lies throughout the course of the case.
In addition, if you have any evidence backing your story, make sure you make mention of it.
Also make note of any potential witnesses you might have. Don’t even worry if the witnesses don’t seem ‘objective’ enough, (which could be the case for friends or family). Your attorney will determine whether or not their testimony has validity.
At the end of the consultation, if your attorney thinks you have a valid case, he or she will want to get the legal process started. They may ask you to sign a power-of-attorney document, (which grants them the right to act on your behalf). They may also ask for a retainer, if they don’t work on a contingency basis.
Once all of that is taken care of, you can pretty much consider the person your ‘official’ personal injury attorney.
Thursday, November 13, 2008
Taking the Next Step: Part 1
Once you have determined that you should seek the help of a accident lawyer, the next step becomes much easier. And basically, this step entails doing research to ensure you are choosing the right attorney for your situation.
Now, in the olden days, people had to search for attorneys through word-of-mouth or through the phone book. These methods still have merit, but you should still complement them with Internet research. And, if you have no leads at all, the Internet can give you some ideas as to whom you should work with.
As far as what you should search, entering the keyword “auto accident attorney” should be enough, though you can get more specific results if you include your state. For example, if you want to find attorneys in California, you would enter “California personal injury attorney.” Assuming you enter the term in quotes, you should find more than enough listings.
However, don’t think that just because an attorney has a website that they’re going to automatically win you a settlement. You must also look at other factors including:
Their years of experience
Whether or not they have done personal injury cases like yours
How many trials they have been involved in
Their experience with insurance companies
What others are saying about them online
Their degree of professionalism & compassion towards your situation
Also, if you are low on money, you need to see if they will take your case on a contingency basis. What does that mean? Basically, when an attorney works on contingency, they receive no compensation until a settlement is reached. If they are unable to win the case, their client does not owe them anything. Combine this with a free consultation, and you really have nothing to lose when you work with a personal injury attorney.
Now, in the olden days, people had to search for attorneys through word-of-mouth or through the phone book. These methods still have merit, but you should still complement them with Internet research. And, if you have no leads at all, the Internet can give you some ideas as to whom you should work with.
As far as what you should search, entering the keyword “auto accident attorney” should be enough, though you can get more specific results if you include your state. For example, if you want to find attorneys in California, you would enter “California personal injury attorney.” Assuming you enter the term in quotes, you should find more than enough listings.
However, don’t think that just because an attorney has a website that they’re going to automatically win you a settlement. You must also look at other factors including:
Their years of experience
Whether or not they have done personal injury cases like yours
How many trials they have been involved in
Their experience with insurance companies
What others are saying about them online
Their degree of professionalism & compassion towards your situation
Also, if you are low on money, you need to see if they will take your case on a contingency basis. What does that mean? Basically, when an attorney works on contingency, they receive no compensation until a settlement is reached. If they are unable to win the case, their client does not owe them anything. Combine this with a free consultation, and you really have nothing to lose when you work with a personal injury attorney.
Friday, November 7, 2008
Pre-Settlement Funding: Getting the Cash Upfront
During the course of a personal injury case, the victim still has bills they need to pay. Yet, in many cases, the victim is unable to work, so making money becomes difficult. Consequently, their family may have to live on just one salary, or even worse… no salary at all. This is why plaintiffs with more powerful cases need to consider pre-settlement funding. With pre-settlement funding, they get a portion of the settlement even before it has been officially awarded in court.
How is this possible? Well, pre-settlement funding works like a cash advance. Basically, the loan company involved with the transaction decides to take a risk because they feel that the odds are on the plaintiff’s side. Once the case is won, the victim must pay the advance back through an upfront fee or through monthly payments. If the case is lost, the victim doesn’t have to pay anything.
Does this sound too good to be true? On the surface it might be, but loan companies offering pre-settlement funding choose their clients wisely. If they think a client isn’t going to win much, they may fore go working with them.
Also, potential clients are charged very high fees until the settlement is actually reached. So, personal injury victims shouldn’t think that just because they get pre-settlement funding, budgeting isn’t important. In some cases, they may have to use a small portion of the advance to pay the fees.
All in all, pre-settlement funding is definitely not a cure-all. Yet, if a client is likely to win tens of thousands, or even more, pre-settlement funding can keep them afloat until the case is over. So, go on and talk to your attorney about it. If they think pre-settlement funding is doable, they may refer you to different companies. But don’t expect too much interaction beyond that, because lawyers have to be careful that their actions don’t show a conflict of interest.
If you have a question regarding a Personal Injury Claim, Contact The Injury Lawyer Group Today!
How is this possible? Well, pre-settlement funding works like a cash advance. Basically, the loan company involved with the transaction decides to take a risk because they feel that the odds are on the plaintiff’s side. Once the case is won, the victim must pay the advance back through an upfront fee or through monthly payments. If the case is lost, the victim doesn’t have to pay anything.
Does this sound too good to be true? On the surface it might be, but loan companies offering pre-settlement funding choose their clients wisely. If they think a client isn’t going to win much, they may fore go working with them.
Also, potential clients are charged very high fees until the settlement is actually reached. So, personal injury victims shouldn’t think that just because they get pre-settlement funding, budgeting isn’t important. In some cases, they may have to use a small portion of the advance to pay the fees.
All in all, pre-settlement funding is definitely not a cure-all. Yet, if a client is likely to win tens of thousands, or even more, pre-settlement funding can keep them afloat until the case is over. So, go on and talk to your attorney about it. If they think pre-settlement funding is doable, they may refer you to different companies. But don’t expect too much interaction beyond that, because lawyers have to be careful that their actions don’t show a conflict of interest.
If you have a question regarding a Personal Injury Claim, Contact The Injury Lawyer Group Today!
Tuesday, November 4, 2008
Insurance Companies Are Not Always Your Friend
A lot of people believe that when they are injured, their health insurance or workman’s comp will cover their expenses. This couldn’t be further from the truth. Most of the time people must fight to even get their claim accepted. And once that happens, the measly payout they receive doesn’t even cover half of their medical bills.
Now many people might be skeptical of this phenomenon, especially if their insurance company has stood by them before. Yet, if they watch their local news broadcast, or read news from the Internet, they may get a different story. Unfortunately, thousands of people all over the countries have become financially ruined because of denied insurance claims or claims that cannot cover all of their expenses.
Things are even worse for individuals who have no coverage at all. For them, medical expenses must be paid completely out-of-pocket. This becomes extremely difficult when those bills go into the thousands. There are even a few unlucky people who actually have over $1 million dollars in medical expenses alone.
But when you think about it, accumulating that much debt isn’t that difficult in extremely adverse situations. Some ‘minor’ surgical procedures cost more than the average person’s house. So, can you imagine operations that are more complex? What if a person needs to get a series of them to return back to normal? Even worse, what if these procedures are necessary to keep them alive period?
Ultimately, you cannot depend on your insurance company to carry you through the hard times. Yes, still fight for your claims, but if you’ve become hurt due to personal injury, definitely consider all legal alternatives. Depending on your case and the competency of your attorney, it’s possible to get your expenses paid through your settlement. That way, you won’t have to worry as much if your insurance company is giving you a hard time.
If you or a loved one has been injured in an accident and would like to learn more about your options please contact the Injury Lawyer Group Today!
Now many people might be skeptical of this phenomenon, especially if their insurance company has stood by them before. Yet, if they watch their local news broadcast, or read news from the Internet, they may get a different story. Unfortunately, thousands of people all over the countries have become financially ruined because of denied insurance claims or claims that cannot cover all of their expenses.
Things are even worse for individuals who have no coverage at all. For them, medical expenses must be paid completely out-of-pocket. This becomes extremely difficult when those bills go into the thousands. There are even a few unlucky people who actually have over $1 million dollars in medical expenses alone.
But when you think about it, accumulating that much debt isn’t that difficult in extremely adverse situations. Some ‘minor’ surgical procedures cost more than the average person’s house. So, can you imagine operations that are more complex? What if a person needs to get a series of them to return back to normal? Even worse, what if these procedures are necessary to keep them alive period?
Ultimately, you cannot depend on your insurance company to carry you through the hard times. Yes, still fight for your claims, but if you’ve become hurt due to personal injury, definitely consider all legal alternatives. Depending on your case and the competency of your attorney, it’s possible to get your expenses paid through your settlement. That way, you won’t have to worry as much if your insurance company is giving you a hard time.
If you or a loved one has been injured in an accident and would like to learn more about your options please contact the Injury Lawyer Group Today!
Monday, November 3, 2008
What is My Case Worth?
“What is my case worth?” This is the most common question asked by personal injury victims. Yet, finding the answer to this question isn’t always easy. Why? Well, there are many factors involved including:
The amount of evidence showing the extent of the other party’s wrong doing
Witnesses
The extent of physical or psychological damage suffered by the victim
Whether or not the victim contributed to the accident in some way
The financial strength of the other party
Basically, if you are in a situation where most of the negligence is on the other party AND you have evidence to back it up, you should have a winning case. But as far as the settlement itself, that will depend on what the judge or the jury decides. It will also depend on how much money the other party can pay out.
However, don’t necessarily think that you can’t get your settlement if you’re going to court against a small company or even an individual. If a judge orders a judgment against them, it’s possible that the court can take the funds from their personal assets. In some cases, an individual’s wages might be garnished until the bill is paid.
It should also be noted that sometimes the other party’s insurance company will handle the settlement costs. In fact, in some professions, individuals get insurance to cover these types of situations. The medical field is a prominent example. Doctors get insurance to help protect themselves in the event a malpractice suit is filed against them.
So, basically, don’t let wonderment over your case’s worth keep you from taking action. If you your evidence is compelling, and your attorney is an expert at their craft, you should receive a decent amount of compensation. Not to mention you will also be getting justice for what happened to you.
For more information or to learn what your case could be worth Contact Injury Lawyer Group Today!
The amount of evidence showing the extent of the other party’s wrong doing
Witnesses
The extent of physical or psychological damage suffered by the victim
Whether or not the victim contributed to the accident in some way
The financial strength of the other party
Basically, if you are in a situation where most of the negligence is on the other party AND you have evidence to back it up, you should have a winning case. But as far as the settlement itself, that will depend on what the judge or the jury decides. It will also depend on how much money the other party can pay out.
However, don’t necessarily think that you can’t get your settlement if you’re going to court against a small company or even an individual. If a judge orders a judgment against them, it’s possible that the court can take the funds from their personal assets. In some cases, an individual’s wages might be garnished until the bill is paid.
It should also be noted that sometimes the other party’s insurance company will handle the settlement costs. In fact, in some professions, individuals get insurance to cover these types of situations. The medical field is a prominent example. Doctors get insurance to help protect themselves in the event a malpractice suit is filed against them.
So, basically, don’t let wonderment over your case’s worth keep you from taking action. If you your evidence is compelling, and your attorney is an expert at their craft, you should receive a decent amount of compensation. Not to mention you will also be getting justice for what happened to you.
For more information or to learn what your case could be worth Contact Injury Lawyer Group Today!
Sunday, November 2, 2008
The Three Main Types of Personal Injury Cases
In my last post, you learned what personal injury is. Now, you are ready to learn about the three types of personal injury cases: the negligent tort, the strict liability tort and the intentional tort. More information can be found in the sections below.
1. The Negligent Tort
The negligent tort is one of the most common types of personal injury cases. Basically, it assumes that an individual or an entity must exercise care in their activities, especially in relation to another person’s safety or well-being. When this doesn’t happen, the negligent tort holds them responsible for civil damages.
2. The Intentional Tort
With the intentional tort, the defendant harmed the victim on purpose. Battery, defamation and trespassing are a few examples. With these cases, a personal injury attorney must prove: 1) that the defendant knew that their actions were going to harm the plaintiff and 2) their actions were the primary cause of the injury. Point 2 is especially important, because plaintiffs may get less money if a court finds they contributed to the accident.
That’s right… even with intentional torts, plaintiffs could be held liable. The best example could be seen in a battery situation. Let’s say the defendant stabbed the plaintiff with a knife. As a result, the victim had to stay in the hospital for a few days. If the defendant argued that he was attacked first by the plaintiff, the court could lessen the amount of damages because the plaintiff made the fight more physical. However, since the plaintiff took an even more serious action, he or she would still be held responsible.
3. The Strict Liability Tort
The strict liability tort is very interesting because it holds a defendant liable even if they exercised caution against the injury. Strict liability torts also do not take into account the plaintiff’s responsibility.
Now, on the surface, this seems extremely unfair. However, most strict liability cases are brought against defendants who manufactured defective or inferior products, or situations where plaintiffs got harmed on the defendant’s premises. So, in that way, strict liabilities could serve as a way to protect the public, since businesses would be encouraged to be even more cautious.
If you feel that you have a potential lawsuit contact The Injury Lawyer Group to discuss your case Today!
1. The Negligent Tort
The negligent tort is one of the most common types of personal injury cases. Basically, it assumes that an individual or an entity must exercise care in their activities, especially in relation to another person’s safety or well-being. When this doesn’t happen, the negligent tort holds them responsible for civil damages.
2. The Intentional Tort
With the intentional tort, the defendant harmed the victim on purpose. Battery, defamation and trespassing are a few examples. With these cases, a personal injury attorney must prove: 1) that the defendant knew that their actions were going to harm the plaintiff and 2) their actions were the primary cause of the injury. Point 2 is especially important, because plaintiffs may get less money if a court finds they contributed to the accident.
That’s right… even with intentional torts, plaintiffs could be held liable. The best example could be seen in a battery situation. Let’s say the defendant stabbed the plaintiff with a knife. As a result, the victim had to stay in the hospital for a few days. If the defendant argued that he was attacked first by the plaintiff, the court could lessen the amount of damages because the plaintiff made the fight more physical. However, since the plaintiff took an even more serious action, he or she would still be held responsible.
3. The Strict Liability Tort
The strict liability tort is very interesting because it holds a defendant liable even if they exercised caution against the injury. Strict liability torts also do not take into account the plaintiff’s responsibility.
Now, on the surface, this seems extremely unfair. However, most strict liability cases are brought against defendants who manufactured defective or inferior products, or situations where plaintiffs got harmed on the defendant’s premises. So, in that way, strict liabilities could serve as a way to protect the public, since businesses would be encouraged to be even more cautious.
If you feel that you have a potential lawsuit contact The Injury Lawyer Group to discuss your case Today!
Saturday, November 1, 2008
Why Time is of the Essence with Personal Injury
When a person suffers with a personal injury, they experience a roller coaster of physical, psychological and financial difficulties. Consequently, they may not want to seek justice for their situation… assuming that they are even aware of the fact that they can take legal action.
Later on, after they have recovered from their injury, they may have a completely different take on the situation. Now, they are in a position to fight for the compensation they deserve. There’s just one problem. Since they waited too long to do anything, the statute of limitations prevents any further action, even if the other party was clearly in the wrong.
I say all this to place emphasis on a prevailing legal concept: time is of the essence. As soon as an individual experiences a personal injury, they need to take immediate action so the courts will consider their case a legitimate one.
In California, personal injury sufferers have 2 years before the statute of limitations runs out. However, some law firms may not take the case if it’s been longer than a year. So, to be on the safe side, personal injury sufferers need to get the ball rolling once they have recovered enough to at least make a phone call.
It doesn’t even matter if the hospital hasn’t released them yet, since a good personal injury attorney will come right to their bedside to help them. And, if the victim cannot schedule appointments on their own, they can always have a family member do things for them.
All in all, don’t let time be the enemy when it comes to your personal injury case. True, you do want to focus on recovery, but in order to do that you’ll need money. So, don’t be afraid to take action. At the very least, your initial consultation will give you a lot of legal advice as to what your options are.
If you or a loved one was injured in an accident please contact Injury Lawyer Group Now!
Later on, after they have recovered from their injury, they may have a completely different take on the situation. Now, they are in a position to fight for the compensation they deserve. There’s just one problem. Since they waited too long to do anything, the statute of limitations prevents any further action, even if the other party was clearly in the wrong.
I say all this to place emphasis on a prevailing legal concept: time is of the essence. As soon as an individual experiences a personal injury, they need to take immediate action so the courts will consider their case a legitimate one.
In California, personal injury sufferers have 2 years before the statute of limitations runs out. However, some law firms may not take the case if it’s been longer than a year. So, to be on the safe side, personal injury sufferers need to get the ball rolling once they have recovered enough to at least make a phone call.
It doesn’t even matter if the hospital hasn’t released them yet, since a good personal injury attorney will come right to their bedside to help them. And, if the victim cannot schedule appointments on their own, they can always have a family member do things for them.
All in all, don’t let time be the enemy when it comes to your personal injury case. True, you do want to focus on recovery, but in order to do that you’ll need money. So, don’t be afraid to take action. At the very least, your initial consultation will give you a lot of legal advice as to what your options are.
If you or a loved one was injured in an accident please contact Injury Lawyer Group Now!
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