Finding a Good Personal Injury Lawyer

Tips To Finding A Good Personal Injury Lawyer

Personal injury cases seem to be very prevalent these days.  As the population grows, so does the incidence of accidents where people have suffered severe trauma.  In many cases, these accidents are due not to the injured party, but due to a result of something a third party did.  In these instances it is highly likely that you could receive some compensation as a result of your injury.  Here are a few tips that can help you locate the best personal injury attorney to represent your claim. 

1. Look for an experienced attorney whose specializes in personal injury cases. There are firms whose entire practice is concerned with personal injury and wrongful death claims and lawsuits.  A large law firm will many times have an entire department that is centered around personal injury law. However, first contact any friends and associates to find recommendations and referrals to these types of lawyers.  Consult also the local bar association, online listings, yellow pages and other various referral services.Look for a lawyer who is well qualified in this area, one who has a great deal of experience in these types of case and case law.

2. Once you find a list of prospective attorney to represent you, meet with them to discuss you own personal case before selecting one.  At this time you should also be able to outline you case and determine whether or not your claim is justified.  You will also get a feeling as to how long the case will take for settlement.  These prospective lawyers will also let you know what documentation you will need in order to make your claim.  Some attorneys may not want to take on your personal case and knowing why will help you to decide how and with whom you will be willing to take on to represent you and your claim.

choosing a lawyer

3.  Choose a lawyer who is local to you.  Now it may seem like a good idea to hire a reputable attorney who has offices in another city and who may have outstanding credentials.  However, a good local lawyer has a reputation to uphold within the local community, and, as a result may be more considerate to you in the long run.  With a local lawyer you will be able to meet with them on a more convenient basis for you.  A local lawyer will also be able to navigate within the local court system.

4. Depending on the type of case you have, the firm and the number of people working on the case will likely vary and should be considered before choosing the lawyer to represent you.  In a large firm, a team of lawyers will likely be representing you.  The senior lawyer will work on the dynamics of your case while their associates will work to prepare and handle the basic aspects of your claim.  In a smaller firm, generally there are less individuals involved in your particular and therefore will spend more of their personal time on your case and therefore will have more at stake in its outcome.  Either choice as its own implications which should be considered before your choose an attorney.

5. Make sure that you have a good rapport with any attorney you choose and that you agree with their approach to solving your problem.  As a result you will find that communication comes easily between you and your lawyer.  You will also find that if your attorney can identify with you then the case will proceed in a matter that grants you the best chance of a good outcome.

How to Choose a Truck Crash Attorney

Here are some other important things to consider when choosing a truck accident lawyer: 1. For a truck crash accident, you need to have a personal injury attorney. The expertise of a personal injury attorney includes truck accidents, medical malpractice, wrongful death, other forms of professional negligence.

Choosing a Personal Injury Lawyer

When choosing a personal injury lawyer it is important to keep in mind that there are times when the services of an attorney are helpful and necessary. When an insurance company refuses to pay your claim, regardless of its’ merits,  it’s time to have someone on your side.

Getting the Best Legal Advice

When you are seeking legal advice it is very important to find the right lawyer. There are good and bad ones out there and you need to choose one that will fight for you and try to get results that are acceptable.

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Basics of a Personal Injury Case

Have you been out of work for some time and are watching your medical bills pile up after an accident?  Has this accident changed your way of life?     If you can answer yes to the preceeding questions then it’s time to contact a personal injury attorney to take a look at your situation and see if there is some compensation that is due you as a result of your injuries.  Now, why would you want to to do this?  Well, it’s not to get a big pile of cash at someone else’s expense.  It’s all about getting enough money to cover your medical expenses and help you to return to a normal life.  

What is personal injury anyhow?

Personal injury refers to a situation when a person or persons are injured due the the negligence of another.  A good example is an auto accident where a motorist causes the accident and as a result injuries another person who is a pedestrian or is riding in the other vehicle.  The motorist was operating the vehicle in a dangerous fashion and caused the accident due to their negligence toward safety.  Another typical personal injury case is one where a manufacturer produces a product that is dangerous to consumers.  Cases such as this can include the use a lead paint or asbestos.Unfortunately, injuries resulting from the negligence of others are common and therefore there are many laws which protect individuals who become injured, and help them receive compensation for the injuries they suffer to cover damages and bills they incur as a result.

personal injury

Malpractice and wrongful death

Malpractice and wrongful death cases, because they involve the actions of a professional, are both legitimate bases for personal injury claims. If a person dies or is harmed due to the negligent actions on the part of a doctor, then there would be a justified personal injury claim since the medical professional did not follow the required standard procedures to treat the patient.  While the most common malpractice suits are for medical malpractice, not profession is protected from this type of claim.  Every professional is required to follow specific rules and regulations that govern their actions to insure that these professionals perform their job correctly. This insures that individuals do not act with total disregard for their actions.

Financial Limits

With personal injury cases there are financial limits.  The percentage of fault, the extent of the injuries, and the location of the event are all factors which impact the financial limits of the case.  There are many cases where there is a portion of the blame or fault attributable to more than one party who is involved in the accident.  For example, let’s assume there is a case of an auto accident involving three different vehicles and the drivers of two of the vehicles were found to be negligent and the case of the accident.  The limit of fault would be apportioned to each driver in this case based upon the perceived amount of negligence.

Cost of an Attorney

With many personal injury lawyers, there is a "no win, no fee" contingency arrangement whereby if they do not win, then you do not have to pay your attorney.  However, you should note that this is generally where the other party is covered by insurance.  If the other party is not covered by insurance, then the lawyer may not take your case on this basis since a large settlement may be unlikely.  The no win, no fee contingency arrangement is generally made on a percentage basis that can run from 15 percent to one-third of the settlement, depending on the length and size of the settlement that may be forthcoming.  Most attorneys will discuss the financial arrangement when you meet with them initially regarding your case.

Malpractice Versus Negligence

Malpractice means so many different things to different people, that the term when used in a legal setting really needs to be expanded upon for the sake of clarity.

Malpractice Caps

Caps on medical malpractice punitive damages prevent payouts above certain levels for pain and suffering (usually several hundred thousand dollars). For obvious reasons, plaintiffs’ attorneys do not like the idea of capping the damages. 

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Picking the Right Attorney

As with everything in life, it pays to be careful when choosing an attorney to represent you in a personal injury case.  This is due to the fact that the difference between receiving a large amount of compensation for your personal injury and receiving what can be considered as chump change does not totally depend on the facts attributable to the case.  The reason why some lawyers receive large judgements and other do not has to do with the the decision making on the part of the attorney while the case progresses.

As they say, the devil is in the details and so it is with personal injury cases.  Right from the time when the injury occurred to the conclusion of the case, decisions made by legal counsel and actions on their part will ultimately affect the final outcome of the matter.

personal injury attorney

Consider this — let’s say that your case moves along and now it’s time to decide whether to accept a settlement offer from the other party out of court, or to proceed to go to trial instead.  Since it is a virtual certainty that this decision will lie on the facts, judgement, and experience of your attorney.  So, will your lawyer be able to determine if the other party will offer more money to settle the case or not?  Can your attorney determine that if you should reject and out of court settlement and go to court that you will most likely end up with receiving a lot less money than what you are being offered? 

For these reasons its a good idea to do some research on prospective attorneys before choosing one to represent you and your case.  Don’t just assume that the every lawyer is equal in terms of experience and ability.  They, like everyone else whom you come into contact with, are different in terms of what they can deliver.

However, one thing that will help in terms of this is the fact that you don’t have to pay legal fees up front.  A good personal injury lawyer will work on a contingency basis rather than on a pay-as-you-go basis.  This means that if your attorney does not get any compensation for you, then you will owe no legal fees.  An incompetent attorney can not stay in business very long if his efforts are all for nought.  The success of a firm operating on such a payment basis may be a good indicator as to the competentcey of the prospective attorney you might hire.

How to Choose a Personal Injury Lawyer

Trying to find a personal injury lawyer in New Jersey is easy. A Google search for one will lead you to 106601 listings. However, trying to find a New Jersey-based personal injury lawyer who is right for you and your case is quite a different matter.

Hiring a Lawyer

Whichever route you choose, choose a personal injury lawyer to represent your interests, not theirs. Ask questions and learn as much as you can regarding their background, experience, both in negotiations and in the courtroom, and whether they truly are advocates for their clients.

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Personal Injury Compensation For Industrial Deafness

Accidents at work are unfortunately very common. They can occur in all types of employment, but construction or industrial workers are far more at risk of getting themselves injured than most people. Safety measures and adequate training in order to handle the necessary equipment are essential to prevent the possibility of any accident happening.

Nonetheless, if you have suffered a physical injury in the workplace, you could be entitled to workplace personal injury compensation. To be eligible for such compensation, the accident and subsequent injury must not be caused because of your own doing and there must be sufficient evidence to confirm this. There must also be sufficient evidence to confirm that the accident actually caused your injuries, such as medical records. Providing this is the case, you can find some consolation in the fact that you can file for a compensation claim to cover the losses you incurred as a result of the workplace injury.

Among the types of injury that workers very often suffer from are noise-related hearing problems, particularly, tinnitus and industrial deafness or noise-induced hearing loss. These types of personal injury are usually brought about by too much noise in the workplace. It is normally caused by excessive noise over a sustained period of time, but can also be caused by short periods. Industrial deafness can range from minor hearing problems to complete hearing loss.

  personal injury,compensation

Employers are mandated by law to provide a safe and healthy working environment for its workers, and preventing high levels of noise exposure is one measure that needs to be undertaken. After all, workers who are constantly exposed to high levels of noise can develop a variety of hearing problems, such as temporary hearing loss, permanent hearing loss, acoustic trauma and tinnitus, any of which can worsen. Depending on the extent of the hearing injury, you may need to take time off work. In extreme cases you may even have to change employment, or even be unable to work completely.

The good thing is that you may be able to file for a claim to compensation for all these circumstances, and your chances of winning the case and getting full compensation benefits are actually very good in these cases.

Filing for a compensation claim, though, can be tough, especially if you are going to do it all by yourself. To make things easier for you, you can consult an experienced and qualified personal injury solicitor who will be able to guide you through the whole step by step process and make sure everything goes according to plan.

An online claims company is one alternative you can go for when looking for an experienced solicitor to handle your case. Claimants are usually satisfied with the service rendered by such a company, notwithstanding the fact that it is free. With an online claims company, you know that you are in good hands. The majority will be able to provide a free consultation where you will be able to get some initial advice on your claim, and ask any questions you may have.

Personal Injury Claims Hearing Loss

If you are suffering from a work-related hearing loss, or believe that your ability to hear has been reduced as a result of exposure to on-the-job noise, can benefit by making a hearing loss claim. 

Tinnitus Injury Claim

It is not difficult to seek tinnitus compensation claim. Seeking help from injury claims specialists can help get compensation fast. Any person who has been exposed to this kind of hearing loss can make a claim.

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Premises Liability

Premises liability law is a classification of law that makes the person who is in possession of land or its premises responsible for certain injuries suffered by persons who show up on the premises.

There are many such cases that are classified as "slip and fall", and, even though they are fairly straightforward, legislation in some states now makes it very hard to make a case against the owner of the premisies.  For this reason it is recommended to consult with an attorney before proceeding with such cases.

Possession of Premises

Under the scope of a premisies liability case, a person in in posseion of land or premises when:

  • the person occupys the land with the intent to control it;
  • no other person has subsequently occupied the premises with the intent of controlling it;
  • the person is entitled to immediate occupation of the land

The Plaintiff

In most jurisdictions, the status of the plantiff, the "injured party", must be determined  in so far as being an invitee, a trespasser, or a licensee.  Depending on the status classification, the obligation to the defendent can vary.

Invitee

An invitee is person who is invited to enter or remain on the premises for a commercial benefit to the one who possesses  premises, or for a purpose directly or indirectly connected with business dealings with the possessor. This invitation may be either expressed or implied. (For example: A customer in a grocery store is an invitee, as the grocery store actively invites the public to come onto the premises and to purchase products while on the premises.)  A premises owner, or the grocer in our example, has the highest duty of care to an invitee while on their preimses.

In general circumstances, the posessor of the propterty has a duty to use ordinary care to warn and protect an invitee from the risk of harm from a condition on the possessor’s premises if:

  • the risk of harm is not reasonable, and
  • the possessor knows or in the exercise of routine care should know of the condition, and should therefore realize that it involves an unreasonable risk of harm to an invitee.

The possessor may have a duty to periodically inspect the premises for the introduction of hazards to invitees. For example, our grocery store owner may be reasonably be obliged to periodically check the floors of the premises for the presence of spilled or broken merchandise, and to make sure that the products on the shelves are not likely to fall.

Licensee


A licensee is a person who is invited to enter or remain on the premises not for a business or commercial purpose but for any other one with the express or implied permission of the one who is in control of the premises. A social guest is considered to be a licensee, not an invitee.

Generallly, a possessor of premises is liable for physical harm caused to a licensee by a condition on the premises if, but only if, the plaintiff establishes the following three elements:

  1. The possessor knew or should have known of the condition, and should have realized that it involved an unreasonable risk of harm to the licensee, and also should have expected that the licensee would not discover or realize the danger;
  2. The possessor failed to exercise reasonable care in making the condition safe, or to effectively warn the licensee of the condition and the risk involved; and
  3. The licensee did not know or had not reason to know of the condition and the risk involved.

For example, if a homeowner knows that one of the steps leading into a basement is broken (but would not appear to be broken to a reasonably observant person), the homeowner may be liable to a guest who did not notice the broken step, and is then injured when the step gives way.

Trespasser


A trespasser is a someone who goes upon the premises of another without an express or implied invitation from the owner, for his or her own purposes, and not in the performance of any function for the owner. It is generally not a requirement for a defendant to establish that the trespasser had unlawful intent when making such an entry.

When owners of premises are not aware of the presence of trespassers, they usually have no duty to warn a trespasser of any dangers or to make their premises safe for the benefit of that trespasser. If the premises owner is aware of the presence of trespassers, the premises owner may be obligated to exercise normal care in relation to the safety of a trespasser.

Public Roads and Sidewalks

Owners  of premises are typically charged with clearing public sidewalks in front of their premises, and to maintain their premises so as not to pose a danger to members of the public who are passing by on a public street or sidewalk.  This becomes especially true with regard to snow and ice removal.

Non-Delegability of Duties

The obligation of a premises owner are typically nondelegable – meaning they can not be passed off to another party. If the defendant remains in possession, the defendant cannot escape responsibility merely because he contracted with a company to provide maintenance. For example, a business remains liable for the condition of its parking lot, even if the owner has hired a company to maintain the parking lot and to remove snow and ice. A landlord, on the other hand, remains liable for the condition of the housing it owns, even if it has contracted with a management company to provide all services and maintenance for the housing.

So, as you can see,  premises liability makes certain distinctions between  whom is liable when something happens on someone’s property.  It is important to know where you stand as a property owner or proprietor of an establishment before anything harmful occurs.

Premises Liability

Slip and fall accidents are the most common type of premises liability cases that rest on the question of the property owner’s responsibility to maintain their property so it does not present a danger to others.

Pursuing A Liability Lawsuit

Premises liability is a little trickier then product liability. Premises liability deals with someone’s dwelling or land that they have sole ownership for. According to the laws pertaining to premise liability, if anyone is injured or  something occurs on your land, the person that owns the land is held liable for whatever ailments they may have caused another individual.

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Do You Have A Personal Injury Claim?

Do You Have A Personal Injury Claim?

If you have been injured, either physically or emotionally, in a factory accident, by slipping on a shopping centre floor, by the neighbour’s dog or by a product with a manufacturing fault, then the odds are you have a legitimate personal injury claim.

The one overriding factor in all of the above examples that will determine the success or failure of the personal injury claim, is that the damage or harm has to have been caused by someone else’s negligence and this negligence has to be proven in a court of law, if necessary.

Contact a personal injury lawyer
First and foremost, it is crucial that you contact a dedicated personal injury lawyer, or medical malpractice attorney should it be a medically-related case, who will determine whether it is feasible to pursue a personal injury claim.

The legal process is a daunting prospect for the layman and individuals simply do not have credible knowledge of the law to make an informed decision as to the prospects of a personal injury claim succeeding or failing.

Another imperative for the claim to be successful is that you, the injured party, are able to identify the party responsible for the damages and that your personal injury lawyer is confident he can prove their responsibility.

May be eligible for compensatory and punitive damages
If your personal injury claim is successful, you may be eligible for compensatory damages for loss or expenses incurred, as well as punitive damages in certain cases.

Your attorney will have to show proof of your medical costs, lost wages and/or property loss or damages. It is even possible to claim monetary compensation for emotional trauma, mental anguish, disfigurement, pain and suffering, as well as pocket expenses like transport to and from the hospital, for example.

Bear in mind, however, that the legal process is generally a drawn out affair, demanding a significant investment by you, the injured party. Personal injury claims can take months, even years to settle and very often you will have to appear for depositions and provide viable evidence to the opposing party.

In certain cases, often medically related, the court may impose punitive damages and these damages are in effect fiscal punishment. If, for example, a leading prescription drug manufacturer keeps ‘mum’ about possible crippling side effects of the drug simply because it is afraid of how it might affect sales, the court may award punitive damages as a stern rap over their knuckles!

By: Kayla Reid

Article Directory: http://www.articledashboard.com

DSC Attorneys is a Cape Town-based law firm of specialist personal injury attorneys who professionally handle all personal injury, medical malpractice and road accident claims, as well as covering banking law, insurance law and property law, amongst others.

In the Chicago Illinois area, a personal injury attorney can help you decide whether or not you have a valid claim after an accident.  A lawyer who is specialized in accident compensation from trauma, emotional distress, or even wrongful death can work through these issues with the insurance companies and the court system.

Legal Solutions in Illinois

If your child was negligently injured during labor or delivery, you should consult with a personal injury attorney with specific experience and knowledge in medical malpractice. A lawyer can help you investigate the circumstances and advise you as to how to proceed.

Illinois trucking accident lawsuit 

A teenage driver has filed a personal injury lawsuit after an Illinois trucking accident left her paralyzed. Jessica Baker, 19, filed suit last week against 12 people and companies involved in the muli-car collision on I-270 on Feb. … in an accident with a semi or large commercial vehicle to seek the advice of a qualified attorney. This case illustrates the serious injuries and complex issues such a case presents to an injury victim seeking compensation for damages.

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