A good personal injury attorney will get you far, but they can’t work miracles. If you don’t present any evidence showing that your accident was the fault of someone else, they’re going to have a much harder time in court. In fact, the judge might even rule in the defendant’s favor.
With that being said, pay attention to the tips below. They will explain how you can improve your odds if your personal injury was the result of a car accident.
1. Pictures
Usually, when there’s a bad accident, the lead investigator will take their own pictures to visually document what happened. However, if you are able, you should try to take your own pictures as well. Nowadays this is a lot easier with so many cell phones containing their own cameras.
Along that vein, take pictures of the physical injuries you’ve sustained. If you cannot do this yourself, you should have a loved one do it for you. Just make sure you don’t rely on pictures from an outside party, since they may not necessarily be on your side.
2. Documentation
It’s important that you take written notes regarding what has occurred. In your notes, you will want to include:
Date and time
The place where the accident occurred
The injuries you sustained
Medical expenses and any wages you may have lost due to the accident
Traffic and weather conditions
Malfunctioning lights and other man-made hazards
3. Filing
When you are able, you will want to file an accident report with your local police department. Make sure you get copies of the filing.
4. Witness Statements
If there were any witnesses to the accident, you will want to try to get in contact with them. This step may be a little tricky, but if the police talked with them, you might be able to get the info that way.
5. Evidence
In some cases your car might be compelling enough in itself. However, don’t rely on that. If
you have evidence that shows the extent of the accident, such as burnt clothing, that could make a profound difference to the jury.
If you or a loved one has been injured due to an accident please contact the Injury Lawyer Group Today!
Friday, October 31, 2008
Thursday, October 30, 2008
Bankruptcy and Personal Injury
Bankruptcy is very important in personal injury cases. In fact, it’s so important, it could determine whether or not a plaintiff ever sees their settlement money. It doesn’t even matter who’s doing the filing. Ultimately, whether a plaintiff files for bankruptcy or the defendant, there’s still the possibility the settlement money won’t be acquired.
Okay… I know what you’re thinking. It would make sense for a court not to grant settlement money when the defendant files for bankruptcy, but why would that extend to the plaintiff? Many plaintiffs may find that bankruptcy is their only option for financial relief, so it would seem as if the law would be understanding.
Well, understand that bankruptcy does not completely excuse you from your debt. What it does is it liquidates your assets so your creditors get paid off. Or, if the bankruptcy is considered Chapter 13, the court will require the debtor to pay their creditors out of their own pocket over a short period of time. Either way, if you have assets around, it could be factored into the bankruptcy proceedings. And unfortunately, in some jurisdictions, personal injury settlements are considered an asset.
However, don’t give up hope just yet as the keyword here is ‘some.’ Many jurisdictions will not touch personal injury settlements, while others will require the settlements to be noted as disposable income. The latter is not as beneficial, but it will allow you to hold onto your money.
Yet, if you haven’t already filed bankruptcy, you need to talk with a financial analyst to determine your options. They will let you know whether you should just keep your bad credit score or start all over again with a bankruptcy. In some cases doing the former is better, though there is a slight risk of getting sued by your creditors. So, just be aware of that if you decide to wait out your debt.
Okay… I know what you’re thinking. It would make sense for a court not to grant settlement money when the defendant files for bankruptcy, but why would that extend to the plaintiff? Many plaintiffs may find that bankruptcy is their only option for financial relief, so it would seem as if the law would be understanding.
Well, understand that bankruptcy does not completely excuse you from your debt. What it does is it liquidates your assets so your creditors get paid off. Or, if the bankruptcy is considered Chapter 13, the court will require the debtor to pay their creditors out of their own pocket over a short period of time. Either way, if you have assets around, it could be factored into the bankruptcy proceedings. And unfortunately, in some jurisdictions, personal injury settlements are considered an asset.
However, don’t give up hope just yet as the keyword here is ‘some.’ Many jurisdictions will not touch personal injury settlements, while others will require the settlements to be noted as disposable income. The latter is not as beneficial, but it will allow you to hold onto your money.
Yet, if you haven’t already filed bankruptcy, you need to talk with a financial analyst to determine your options. They will let you know whether you should just keep your bad credit score or start all over again with a bankruptcy. In some cases doing the former is better, though there is a slight risk of getting sued by your creditors. So, just be aware of that if you decide to wait out your debt.
Defining Personal Injury
When it comes to personal injury, many people believe that only one party is to blame for their accident; themselves. As a result, they may feel too ashamed to take further action. So, in the end, the victim becomes emotionally and financially ruined while the party TRULY responsible for the accident continues to get away with their wrongdoing.
Well, let’s set the record straight. Personal injury occurs when an individual becomes physically or emotionally harmed due to the negligence of another individual or a company. Even if an individual is somewhat responsible for their accident, the other party is still liable for creating an environment that contributed to the situation.
Personal injuries can arise from car accidents, hospital mistakes, slip-and-fall situations and really anything else where a second party is directly or indirectly involved. It doesn’t even matter the degree of their involvement. Basically, if they did not take steps to prevent the situation, they could be held legally accountable for their actions.
If a court does determine that the second party is responsible for the accidents, victims can win money in the form of a settlement. This settlement can go towards medical bills, living expenses or anything else a victim needs to get their lives back together.
In the case of a wrongful death situation, the settlement would contribute to the family’s ‘pain and suffering.’ Granted, it won’t bring their loved one back, but it will keep them from being buried in further debt, (something that is often a consequence when a person dies unexpectedly).
It should also be noted that it’s possible to win settlements even if the victim is held accountable for the accident. As long as it’s not a one-way situation, (such as speeding through a red light), the second party must take some responsibility for what happened.
If you have any questions please contact the InjuryLawyerGroup Today!
Well, let’s set the record straight. Personal injury occurs when an individual becomes physically or emotionally harmed due to the negligence of another individual or a company. Even if an individual is somewhat responsible for their accident, the other party is still liable for creating an environment that contributed to the situation.
Personal injuries can arise from car accidents, hospital mistakes, slip-and-fall situations and really anything else where a second party is directly or indirectly involved. It doesn’t even matter the degree of their involvement. Basically, if they did not take steps to prevent the situation, they could be held legally accountable for their actions.
If a court does determine that the second party is responsible for the accidents, victims can win money in the form of a settlement. This settlement can go towards medical bills, living expenses or anything else a victim needs to get their lives back together.
In the case of a wrongful death situation, the settlement would contribute to the family’s ‘pain and suffering.’ Granted, it won’t bring their loved one back, but it will keep them from being buried in further debt, (something that is often a consequence when a person dies unexpectedly).
It should also be noted that it’s possible to win settlements even if the victim is held accountable for the accident. As long as it’s not a one-way situation, (such as speeding through a red light), the second party must take some responsibility for what happened.
If you have any questions please contact the InjuryLawyerGroup Today!
Are Soft Tissue Cases Worth the Fight?
Soft tissue cases have often been the fodder for many television shows. Characters trying to ‘get over’ in a personal injury case would wear neck braces or casts to show that they’ve suffered injury. At the end of the comedy, the characters would not get their claim honored, because everything was fraudulent.
On T.V. these scenarios seem funny, but they could be evident of the public’s overall perception of soft tissue cases. This is especially the case for some personal injury attorneys, who may think these cases just aren’t worth the effort. With them, if the injury isn’t long-lasting, immobilizing or extremely profound, the case isn’t worth fighting.
Well, the fact of the matter is, soft tissue injuries can be extremely devastating. Whiplash, bruises, cuts, sprains and other ‘minor’ injuries can become a hassle depending on their severity and location.
This is an example of a “soft tissue injury.” It is not extremely major, but if this person had to use their hands to work, it could affect their performance. Imagine the difficulties they would have typing, lifting or doing construction work. Perhaps a brace could help a little bit, but it still doesn’t compare to having use of their own finger.
Bruises or contusions can also cause problems if they affect one’s physical appearance. This is especially the case with a keloid, (which is an overgrowth of skin in response to the body’s healing process). If they are located on the face, everyone might wonder what is wrong with the person. Some might even laugh or stare. Combine this with an individual’s own emotions, and you have a situation where the personal injury caused psychological damage… something that can still be litigated against in court.
With all that being said, don’t take soft tissue injuries lightly. If they have caused you physical or emotional distress, you deserve to be compensated for your suffering.
If you have any questions please contact the InjuryLawyerGroup
On T.V. these scenarios seem funny, but they could be evident of the public’s overall perception of soft tissue cases. This is especially the case for some personal injury attorneys, who may think these cases just aren’t worth the effort. With them, if the injury isn’t long-lasting, immobilizing or extremely profound, the case isn’t worth fighting.
Well, the fact of the matter is, soft tissue injuries can be extremely devastating. Whiplash, bruises, cuts, sprains and other ‘minor’ injuries can become a hassle depending on their severity and location.
This is an example of a “soft tissue injury.” It is not extremely major, but if this person had to use their hands to work, it could affect their performance. Imagine the difficulties they would have typing, lifting or doing construction work. Perhaps a brace could help a little bit, but it still doesn’t compare to having use of their own finger.
Bruises or contusions can also cause problems if they affect one’s physical appearance. This is especially the case with a keloid, (which is an overgrowth of skin in response to the body’s healing process). If they are located on the face, everyone might wonder what is wrong with the person. Some might even laugh or stare. Combine this with an individual’s own emotions, and you have a situation where the personal injury caused psychological damage… something that can still be litigated against in court.
With all that being said, don’t take soft tissue injuries lightly. If they have caused you physical or emotional distress, you deserve to be compensated for your suffering.
If you have any questions please contact the InjuryLawyerGroup
Going Before the Judge or Jury
For most personal injury cases, going to court usually doesn’t happen since the defendant is often more than willing to put a settlement on the table. However, there are times when the case will go to court anyway. And when this happens, it’s important that the plaintiff prepares themselves emotionally.
Now, good attorneys will help in this process by presenting their client with questions the defendant’s lawyer is likely to ask. This helps significantly, but like anything it’s not 100%. You might still be faced with a question that breaks you down emotionally. This is especially the case if the defendant’s attorney tries to cut down your character. If it works, you might affect the perceptions of the judge or jury… even if it’s subconsciously.
That’s why I would suggest that plaintiffs do additional preparation to ensure they are ready for questioning.
This could involve doing the following:
Read up on public speaking before you go to court. Some people may think this is silly, but the principles behind good public speaking apply for all situations.
Do visualization. Visualize that you are emotionally stable, even if you are asked hard questions by the defendant’s attorney. While you’re at it, visualize that you’ve won your settlement.
Make affirmations. Affirmations are statements that assert something is true, even if it hasn’t happened yet. If you are into positive thinking, you can find a plethora of affirmation CDs or programs on the Internet. Alternatively, you can cite your own affirmations when you get a moment alone.
Seek spiritual guidance. If you believe in prayer or meditation, you need to do it before your trial. Ask your Higher Power to give you strength when you get on the stand. I guarantee that if you are strong in your faith, you will feel more empowered.
Monday, October 6, 2008
An Interesting Resource for Wrongful Death Cases
In my last blog post, I talked about how victims of industrial accidents need to reference their company’s safety handbook when building their cases. Well, if a victim has actually died from the incident, family members as well as their attorney can compare this information with the info found on Fatal Facts.
Once you get to the site, you’ll notice it lists 73 of the most common industrial accidents. If any of these accidents apply to your loved one, click on the appropriate link. For example, if your loved one died of electrocution, you would click on the “Electrocution” link.
There are two sections that are of interest for wrongful death cases: Inspection Results and Accident Prevention Recommendations. The Inspection Results explains why the accident occurs, while the other section explains steps employers can do to prevent the casualties. This can be very helpful when trying to show how an employer failed to protect their workers.
Your attorney may want to continue their research by studying the resources given in the Sources of Help section. You might want to study them too, as it will keep you abreast as to what is going on. Remember, even though your attorney is doing most of the legwork, you definitely don’t want to appear as if you know nothing of the law.
I do want to make one cautionary note. If family members are just dealing with a wrongful death situation, looking at some of the images on Fatal Facts might be extremely painful. While they aren’t gory or even in the form of a photograph, they do show how these accidents kill. So, if a wrongful death situation is in its earliest stages, the family’s attorney should take a look at the site for them.
For More Information contact the InjuryLawyerGroup.com
Once you get to the site, you’ll notice it lists 73 of the most common industrial accidents. If any of these accidents apply to your loved one, click on the appropriate link. For example, if your loved one died of electrocution, you would click on the “Electrocution” link.
There are two sections that are of interest for wrongful death cases: Inspection Results and Accident Prevention Recommendations. The Inspection Results explains why the accident occurs, while the other section explains steps employers can do to prevent the casualties. This can be very helpful when trying to show how an employer failed to protect their workers.
Your attorney may want to continue their research by studying the resources given in the Sources of Help section. You might want to study them too, as it will keep you abreast as to what is going on. Remember, even though your attorney is doing most of the legwork, you definitely don’t want to appear as if you know nothing of the law.
I do want to make one cautionary note. If family members are just dealing with a wrongful death situation, looking at some of the images on Fatal Facts might be extremely painful. While they aren’t gory or even in the form of a photograph, they do show how these accidents kill. So, if a wrongful death situation is in its earliest stages, the family’s attorney should take a look at the site for them.
For More Information contact the InjuryLawyerGroup.com
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