Category: Personal Injury

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Legal Personal Injury

How Much Does a Car Accident Lawyer Cost?

How Much Does a Car Accident Lawyer Cost?

The cost for hiring a lawyer after a car accident can vary based on the accident and the injuries you received. However, unlike other attorneys, they do not usually charge hourly. You will probably pay some fees and not be liable for the attorney fees if your lawyer does not win your case.

Lawyer Contingency Percentage

This will be the main part of what you will pay a personal injury lawyer after being in a car accident. It is usually about 25-40% of the money you receive in compensation. Most will charge you one-third, so be prepared to not take home the whole amount of the money you recover.

Make sure you review the contingency fee with the lawyer and ensure you understand the rules behind it before you sign anything.  Always ask them to explain it to you if you don’t understand it.

Contingency fees will vary based on the lawyer and your personal injury case. You will usually pay a higher fee if you have to have a trial by jury. If the settlement is met quickly, you will probably owe less of a contingency fee.

Contingency fees can also be negotiable, so always discuss with your lawyer what they expect and what you think is fair.

Other Fees and Expenses

Most personal injury lawyers do not charge upfront litigation expenses or court fees. They will usually pay the costs for medical records, police reports, court reporter fees, and expert witness fees. If they win your case, you will have to reimburse them for all these costs.

Some personal injury lawyers though will make you pay these fees as they become due. They will usually send you a statement weekly or monthly to say the money they’ve spent and expect you to pay them the money when you receive the statement. These fees will need to be paid before they will advance with your case.

If you are using a large firm, they are more likely to pay these fees for you upfront. Smaller firms or family firms will need the money sooner because they won’t have enough to upfront the costs.

All the fees will automatically be taken out of your settlement amount, so always keep a record of all fees so you can double-check to make sure they’re correct.

Other Fees

Some lawyers will not have a pure contingency fee even though this is the most common way for personal injury attorneys to charge their fees. You might have an attorney that charges a retainer fee instead. They will then end with a contingency fee based on your settlement and how much item they put into the case.

Overall, there will not just be a flat fee for getting a personal injury lawyer. It will depend on the records and paperwork they need for the case. It will also depend on your settlement number and if the case will go to trial. Make sure to review all fees and percentages with your lawyer.

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Legal Personal Injury

Can I Sue My Employer For Negligence?

Can I Sue My Employer For Negligence?

When it comes to the relationship between an employer and their employee, things are usually great for a while. In the event that things go wrong, however, it is important that you know what your rights are as an employee. The law sees this relationship and does its best to keep all parties involved covered and rights protected.

So, if you are injured at work and your employer is at fault, what are your options? Are you able to file a negligence lawsuit against them? The short answer is no. Let’s take a closer look at what you need to know about your rights and seeking financial repayment for workplace injuries.

Suing Your Employer for Negligence

If you are injured at work and the accident was your employer’s fault, suing your boss for your medical expenses may seem like the logical thing to do, but it isn’t necessarily the right answer. Most states across the country have workers’ compensation laws in place that were made specifically to help employees seek compensation after a workplace injury.

Because of the workers’ compensation system, you cannot sue your lawyer unless the negligence was intentional. Businesses have workers’ comp insurance set up to cover employee injuries and it protects them from having to deal with lawsuits.

Workers’ Compensation

Workers’ compensation was designed to keep the employee and employer protected. In order for an employee’s accident to be covered, there are some strict rules that must be followed. First and foremost, the injury has to occur while the employee was following their company’s rules. However, if not, they may not be eligible for financial help.

If you work in a factory and one of the safety rules is that protective eye gear must be worn at all times, then you need to be sure to wear them. If you aren’t wearing them and a large piece of metal is lodged into your eye socket, then you are on the hook for your own negligence.

When Can You Sue Your Employer for Negligence?

Generally speaking, in most cases, you cannot sue your employer for negligence. However, here are a few circumstances in which you may be able to file that lawsuit:

  • Your employer is without workers’ compensation insurance
  • Your employer hurt you intentionally
  • You are not technically employed by the company

Returning to Work Following an Accident

If you suffered severe injuries at work, returning to work can feel overwhelming. In order to claim worker’s comp benefits, it is important that you return when your doctor releases you. Otherwise, you may miss out on the workers’ compensation benefits.

Workplace injuries that leave you missing shifts are expensive in multiple ways. Not only do you have medical expenses you weren’t expecting but now you are several days short on your paycheck. If you were hurt at work and are in need of assistance with your medical bills and missed wages, a work injury lawyer can help.

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Legal Personal Injury

Why Get a Lawyer For a Car Accident That’s Not My Fault?

car accident not your fault personal injury lawyer

Have recently been in an accident that you did not cause? Well, you have the right but not the obligation, to hire legal counsel. Since you did not cause the accident, you may think that it will be easier, quicker, and least costly to file your claim yourself, rather than working with an attorney. Many people think that since the accident was not their fault, that they will have an easy case. However, this is not always the way things work out. Sometimes you will need to defend against allegations of contributory negligence.

While you certainly can file your claim without representation, you may be limited to only what the insurer feels is a fair offer. Without legal help, you may find yourself with a settlement check that does not even cover all of your medical costs. By working with a personal injury lawyer, you can concentrate on recovering from a painful and traumatic accident, as they take care of the case and the filings.

How A Lawyer Can Help Your Case

If you have suffered damages and losses both economic and non-economic, from an accident that someone else caused, you should not be responsible for the financial burden that their negligence placed on you. By working with a qualified attorney, you have access to a wealth of knowledge on the claims process and answers to any questions you may have. You will also benefit from their priceless professional expertise.

Your lawyer will do the difficult job of finding and obtaining evidence that helps strengthen your case. They will often get a copy of the official police report to begin. They may also speak with witnesses and gather admissible testimony. In some cases, your attorney may consult with experts and accident reconstruction resources. Doctors and other medical professionals may be consulted regarding your records, do ensure accurate case valuation.

What Types Of Damages Can I Seek?

Each case is different, but generally speaking, you will be able to collect multiple types of damages with your claim. Common damages will include:

  • Medical costs – Both current expenses and projected future costs can potentially be recovered.
  • Lost wages – If you needed to miss work, work at reduced capacity, or now have a reduced capacity to earn as a result of the accident, you may be able to seek lost wages.
  • Pain & suffering – Your injuries likely caused you significant psychological trauma. Your lawyer is experienced in adding a component for pain and suffering in monetary terms.

Your Lawyer Is Your Advocate

When you work with a lawyer, you gain an ally that fights hard for you. They are with you at each step of the claims process. They will take care of the paperwork, the filing, and the stressful phone calls. While you are concentrating on physically and emotionally recovering from your injuries, your attorney will be managing your case and negotiating with the insurer for you.

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Legal Personal Injury

Personal Injury Law: Learning the basics

personal injury law

If you are injured in an accident, and the accident was not your fault, you may be able to file a personal injury lawsuit. Personal injury law, also known as tort law, is the branch of law that helps injured parties seek compensation for their injuries and damages. The overall goal of these claims are to help the injured party recover financially after suffering harm that resulted from negligent or reckless behavior.

Common Types Of Personal Injury Cases

Accidents

If someone acts with negligence, and subsequently causes injury to another party, like in car crashes, slip and fall accidents, or even cases of medical malpractice, then personal injury laws may apply.

Defective Products

If someone suffers an injury from a defective medical device, consumer product, prescribed drug, vehicle part or component, they may be able to file a lawsuit against the product creator, designer, manufacturer, or distributor.

Defamation

Personal injury laws may apply if someone causes injury and damages by making defamatory statements about another party.

Intentional Acts

If someone intentionally harms or causes harm to come to another person, they may face a personal injury lawsuit. This even includes violent crimes like assault.

How Do Personal Injury Cases Progress?

While no two cases are going to be identical, they will often have many commonalities. There are standard steps and processes that personal injury cases generally follow, and they will often include:

  • Plaintiff is injured by defendant: This can consist of nearly any act or inaction on behalf of the defendant that causes injury to come to the plaintiff.
  • Plaintiff identifies breach of duty: The duty of the defendant will often vary depending on the situation. Drivers have a duty to drive safely and follow the rules of the road. Medical professionals have a standard of care to adhere to. Management of a retail business has a duty to keep the premises clean and safe.
  • Settlement talks: This is where most cases end. If all parties agree that there was a breach of duty, the insurer of the defendant may make a settlement offer. This can often require negotiations. However, all parties are often able to reach an agreement where they are able to settle without proceeding to litigation. Settlements often include stipulations that the plaintiff cannot open further lawsuits for the same matter.

How Are Personal Injury Laws Created?

The majority of personal injury and tort laws have a history that goes back to common law. Common law is law that is created not by legislators but by judges. Frequently this happens by precedent, meaning that when a judge rules on a case, that ruling then becomes the basis for other courts to follow.

This is often seen in lower courts following the ruling of a higher court. This is not to say that common law is the only source of laws dealing with personal injury. Many legislators and states have passed laws dealing with personal injury and workers’ compensation.

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Legal Personal Injury

What is Motor Vehicle Accident Law?

motor vehicle law

Motor vehicle law is an area of law that is often seen as a blend of personal injury law and traffic law. While the personal injury component is important, it often relies heavily on the traffic law component to show fault and determine liability.

After an accident, the police officer on the scene will take statements from the drivers and passengers involved. They will also take pictures, speak with anyone who may have witnessed the incident. After all of this, they will create the official accident report. This will show how they believe the accident happened, and who the officer believes is at fault.

The accident report is frequently not the “last word” in liability for an accident. However, it does go a long way toward showing who may have acted with a higher degree of negligence. This negligence will ultimately be the primary factor that determines which driver is considered at fault for the accident.

If the injuries and damages that result from the accident are serious enough, the plaintiff, may file a personal injury lawsuit against the driver considered to be at fault, the defendant. In most cases, the defendant’s insurer will shoulder the cost of the defense and any awarded damages.

Motor Vehicle Accident Terminology

  • Negligence – Either the action or inaction that caused the accident initially.
  • Comparative Negligence – This is a fault determination method used in some areas that will decrease a personal injury award by the degree to which the plaintiff’s negligence contributed.
  • Comprehensive Coverage – This is car insurance that even provides coverage for damages that don’t happen in an accident.
  • Collision Coverage – Insurance that covers damages that happen in an auto collision.
  • Uninsured/Underinsured Driver Coverage – This is an insurance product that helps those who are in an accident with another driver who lacks insurance, or whose insurance cannot cover the full damages.
  • No-Fault State – Some states are “no-fault” states. This means that any driver injured in an accident needs only to see compensation for their damages from their own insurer and do not rely on proof of negligence. This cuts down on costly litigation as most claims are settled quickly.

Why Working With A Lawyer Is Important

The insurance companies are fully staffed with attorneys retained for the specific purpose of defending against insurance claims. This means that filing a personal injury claim puts a victim against vicious defense lawyers. These lawyers will try everything to minimize or deny their claim for fair compensation.

Accident victims, however, can leverage legal assistance of their own. They can hire attorneys that are specially trained in motor vehicle law. These attorneys will help to fight the insurer in order to get compensation for their damages. Lawyers who practice motor vehicle law are also known as car accident attorneys or personal injury lawyers. If you think you may have a claim under motor vehicle accident law, speak to a lawyer today.

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Legal Personal Injury

Personal Injury Examples: Do You Have A Case?

Personal Injury

Many people hear about personal injury cases and wonder if they may have a claim that qualifies. There are many different types of accidents that may precipitate a personal injury lawsuit, such as auto accidents, slip and falls, and many others. If you were injured in an accident that was not your fault, then you may be able to file a personal injury claim against the responsible party.

Personal injury cases nearly always stem from an accident that was caused by someone else’s negligence. This can be negligence by way of action or inaction. Simply put, the accident can be caused by someone doing something they should not do, or not doing something that they should do. This negligence causes a breach of care, which can make that party liable for any damages that result.

Common Types Of Personal Injury Cases

Personal injury law is a very broad area of legal practice that includes a wide variety of situations and potential injuries. While there are a large number of potential causes, some of the most commonly encountered claims will include:

Car Crash

Being injured in an auto accident that is not your fault can lead to severe injuries, massive damages and losses, and even the possibility of permanent disability or disfigurement. The plaintiff will need to show documentation proving the injuries, insurance, and a police report that details the events of the accident.

Product Liability

If you are using a product in its normal and intended manner, and the product was defective, causing you injury, you may be able to seek compensation for those damages. Provided the injury did not occur while using anything that could be considered “unavoidably dangerous” you may be able to file an injury claim.

Slip And Fall Incidents

Slipping and falling, whether inside a business or on an outdoor property, the resulting injuries can be devastating. There can be broken bones, dislocated joints, or any number of soft tissue injuries. These cases can vary significantly depending on the circumstances under which the injury occurred.

Medical Malpractice

You may have a claim for medical malpractice if you have suffered an injury due to the negligence, recklessness, or inappropriate treatment, of a doctor or other medical professional. Often the basis for these cases rests on being able to prove the doctor or other medical professional’s deviation from acceptable standards of care or otherwise taken incorrect or negligent actions while administering treatment.

Wrongful Death

A wrongful death claim can be pursued if a family member died as a result of the negligence of another party. This is often the type of claim you would file if your loved one died in an accident at work, or when filing civil charges against someone to inflicted intentional harm serious enough to cause death. Examples of a wrongful death lawsuit would include an unmarked construction site, employer OSHA violations resulting in a fatal accident, or recovering damages from an assault or battery event.