Personal Injury 101 From a Lawyer’s Point of View

No matter how many precautions you might take to safeguard yourself and your loved ones, you can never predict the actions of those around you.  Things happen and when they do, you want to make sure that you have a good attorney to protect your rights.  Before making the decision to contact an attorney, however, you will want to consider your case from an attorney’s point of view.

 

The Injuries

 

There have been plenty of cases won in which the lawsuit resulted from a minor injury.  However, there are almost as many appeals filed and won against these frivolous lawsuits.  An attorney does not like to have his representation or ethics called into question, so before accepting your case, your attorney will want to make sure that the injuries warrant the suit.  If you stubbed your toe while walking on the sidewalk, for instance, your attorney is not likely to pursue a million dollar lawsuit against the City.  If you don’t feel that your injuries warrant a lawsuit, your attorney is likely to agree with you.

 

The Facts of the Case

 

The facts surrounding a case may be as important, if not more important, than the statutes that are being called on to present your case.  If you were injured but were intoxicated at the time, there may be more of a question as to the validity of your claim, for instance.  If the injury happened late at night after you had a long day at work, again, your case may not be as open and shut as you think.  If you were hurt, your attorney will want to review all of the facts of the case before making the commitment to represent you; their reputation may depend on those facts.

 

Not every attorney is going to jump at every personal injury case.  There are those out there that are looking for a quick buck but for the most part, attorneys like to win, and won’t take a case that has no merit.  So, think before you call that first attorney and ask yourself if you think you should pursue it.

Do You Have a Case if You Did Something Wrong?

If you have ever been served with a lawsuit, you know the immediate feeling of dread that accompanies that complaint.  Sometimes, these lawsuits may be frivolous and you may feel that not only have you done nothing wrong, but that you may even want to counter sue, because you feel you were the one wronged in the situation.  Other times, however, you are served with a valid lawsuit, on a matter in which you are fully aware that you were in the wrong.  Honestly, those lawsuits are the most stressful to receive and you may not even attend your first hearing for fear of the outcome.  This shouldn’t be the case!  Even if you feel you were in the wrong, your attorney has a duty and obligation to provide you with the best defense possible.

 

You Are Not an Attorney

 

Lawsuits are not won on personal feelings or on morality; they are won based on the facts of the law.  In other words, just because you may feel that you are in the wrong, it doesn’t mean that the law agrees.  Attorneys will go to school for years so that they can be well versed in the law and, in the case of defense attorneys, much of their focus is on how to use the law to benefit their clients when their clients may be guilty.  This expertise will come in handy in cases that are more difficult to defend and, in fact, some attorneys just love the challenge.

 

Best Representation Possible

 

Your attorney has a legal responsibility to provide you with the best defense possible and that is exactly what you will get.  Your attorney will find cases that are similar to yours to research the best strategies and avoid the pitfalls that some other attorneys in their position may have fallen into.  Your attorney will find statutes that can deflect any accusations hurled at your by the opposing side.  Your attorney will walk you through the process step by step and will do everything in his or her power to make sure that you have a case.  Considering all that they are willing to do for you, it’s surprising that they still have such a bad reputation.

 

Whether or not you feel you are in the wrong in a particular situation, the law may see it differently.  Even if the law says you are in the wrong, a good attorney may be able to make the law see differently.  A great defense attorney can be your best friend in a case like this as long as you always remember that it is your obligation to put up a fight, even when you think you may be in the wrong.

How Long Do Injury Lawsuits Last?

If you were badly injured in an accident and have spent some time in the hospital, your medical bills are likely beginning to stack up.  Even with insurance, your medical care can eventually run you into bankruptcy, if the injuries are substantial enough.  So, if you are waiting on your personal injury lawsuit to pay the bills, time may be of the essence.  If you are in this situation, unfortunately, you may be in for a bit of a wait.

 

The System Moves Slowly

 

Our justice system is crowded with lawsuits that are filed every day and many of those lawsuits are going to be injury suits, much like yours.  Unfortunately, this means that it is going to take a bit of time, before your case goes before a judge.  Between deadlines that may be months in the future and extensions to those deadlines, that wait can be even longer, if the other side files the right motions.  Your attorney will do everything that they can in order to get your case moving as quickly as possible, but it is important to remember that “as quickly as possible” is a relative term.

 

Settling

 

If your financial situation simply will not allow you to wait for the process to take its course, you may want to speak with your attorney about the possibility of settling the lawsuit.  When you settle a lawsuit, you will not receive the full compensation you are requesting in your lawsuit, but if you do not have the choice, it may be your best option.  Most times, the other side will be open to settlement as long as it is beneficial to their client.  As a matter of fact, most cases never even make it to trial, being settled long before the trial date.

 

Your injury lawsuit is going to take some time.  If you have the time to allow the system to work for you, you may wind up waiting for years.  Sometimes it is absolutely worth it!  However, if you are beginning to get a bit antsy, talk to your attorney to find your next step.

Your Neck Deserves Compensation Help From An Attorney

 So if your neck were injured in accident, what do you suppose it would prefer as compensation?  A fancy gold necklace?  Maybe a choker collar?  Perhaps some nice earrings to go with that necklace, if your neck’s in cahoots with your ears.  Okay, that’s a little ridiculous, but should your neck be injured in an accident of some sort, you are going to want to make sure that you do everything you can for its well-being.  Worry about the necklace later.

 

No It’s Okay I Feel Fine

 

Those are the famous last words of more than one car accident victim.  You may feel absolutely fine at the scene, but it never hurts to get checked out.  Hopefully, the accident wasn’t your fault and your car insurance is going to cover everything anyways.  Regardless, you’re going to want to find yourself a good lawyer, just in case you end up needing one.  It’s always smart to have a lawyer’s magnet on your refrigerator,  just in case.  If you don’t have a lawyer’s magnet on your refrigerator, you can open your laptop and do a search for personal injury lawyers.  Just because you feel fine at the time of an accident does not mean that tomorrow morning you’ll be able to get up out of bed.  Some injuries take time to set in.

 

Oh My Neck, My Neck!

 

And, those would be the famous last words of the guy whose bumper you barely tapped.  This guy saw you coming a mile away.  He’s going to be screaming lawsuit, so you’re going to have to be proactive enough to grab yourself a competent lawyer to fend off his lawyer’s attack.  Even if he doesn’t start screaming about his injuries at the scene, don’t for a minute think that he’s not going to sue.  Get a police report as soon as you can and call your insurance company ASAP.  If you end up not needing the lawyer that you researched, at least you are prepared for some future mishap.  You never know when the flying fickle finger of fate is going to point in your direction, after all.

 

Having a lawyer on standby is never a bad thing.

Don’t Get Burned From An Explosion Accident

Funny thing about explosions… You don’t have to be in the specific area of the explosion, to actually be affected by it.  Example of late: the Boston Marathon bombing.  It’s true, those in the immediate area suffered the most devastating injuries, but people unfortunate enough to be in just the general area were struck by flying debris, knocked down by the concussion of the blast, hit by falling debris from buildings and more.  Look at what happened in the fertilizer factory explosion in Waco, just lately as well. Mile after mile after mile of homes were devastated, by the mere concussion of the massive blast.  This is only one of the reasons that explosions are so very effective in crimes; both terrorism and non-war related crimes.

 

 When Explosions Are Accidental

 

Accidents do happen, but sadly they could usually have been prevented.  Many individuals work in an atmosphere that presents somewhat volatile situations be it with dangerous chemicals, flammable liquids and gases, large, heavy machinery, highly pressurized piping and machines… The list goes on and on.  Some jobs are just dangerous.  And sometimes they are made more so, by the negligence of others. If you work in a dangerous situation, you should know full well that the rules are there to protect you and your fellow workers from being injured or killed on the job.  If you ignore those rules, you have no one but yourself to blame, when you fall victim to the results.  If  however, one of your coworkers or the owners of the business itself are to blame for you getting hurt on the job, that’s a whole other ballgame. Now, it’s time for a lawyer.

 

Fire in the Hole

 

If you get burned by a chemical or by an explosion at work, you certainly don’t want to get burned again in the aftermath.  Landing a competent personal injury lawyer is your best bet, when it comes to seeing to it that you are amply compensated for your pain, suffering, loss of wages, hospitalization, and rehabilitation if necessary.  Sometimes in fact the repercussions of an explosion are so severe, that the rest of your life could be affected.  In which case, you are going to need a serious lawyer, who has nothing but your immediate and long term best interests at heart.

 

If you or someone you know and trust can go online, you or they can search for a lawyer. Word-of-mouth is a great tool, but if you don’t know anyone that’s used a personal injury lawyer, you’d be out of luck.  With a laptop and your favorite search engine, you should be able to locate the lawyer that will best suit your needs. should you ever be injured in an explosion or under similar circumstances.

How To Choose Which Personal Injury Lawyer Is Best For You

Would you hire a construction worker to repair the engine in your car?  Would you hire a mechanic to build an addition onto your house?  Unless you know someone who is undeniably a jack of all trades, you should probably hire the person that is best suited to the job.  When you get hurt in accidents, you don’t start looking for a divorce lawyer (necessarily).  No, when you get hurt in an accident, you find yourself the best personal injury lawyer that you can afford.

 

When Money Is Not The Problem

 

If you don’t think that you can afford a pricey personal injury lawyer, you might want to consider researching legal representation online.  You should not have a problem locating law firms that work on a contingency basis.  If you do not win your case, they do not get paid.  That’s one heck of an incentive. It’s also a good way to find out if you really have a solid case.  Most contingency lawyers aren’t going to want to touch something with a 10 foot pole, if it doesn’t like they’re going to win it in court.  That may be the time that a high-priced lawyer comes in handy, but even a high-priced lawyer isn’t going to be able to win a lawsuit that has no basis.  And unfortunately, with all the scam artists running around trying to sue people and companies these days, some individuals are far more wary of listening ,when someone starts screaming ‘I’ll sue, I’ll sue’.

 

Time to Open up the Laptop

 

If you want to do a little research, in order to make the best, most educated choice of legal representation, you would be well served to open up your laptop and bring up your favorite search engine be it Google, Yahoo, Bing, Safari or what have you.  Simply type in the words ‘personal injury lawyer’ and you will be bombarded by page upon page, of such.  If you need to find someone close to your area you can narrow it down even further, even going so far as to request a map and directions, on how to get there.  Most importantly however are the reviews that you can find online, for almost any service or product, in this day and age.

 

Unbiased reviews can be found through your search engine, even though the home page of most companies post reviews, as well.  But seriously folks, who’s going to post a bad review on their homepage?

The Best Indianapolis Injury Lawyers

  February 23, 2013 will go down in history as the second worst, spectator involved catastrophic crash at a NASCAR race, since 1999.  Granted, the results were not as horrific as the race in which the motor Speedway at Charlotte experienced an incident in 1999.  Flying debris from a tire suspension found its way into the spectators stands once again and the ensuing death of three spectators was the result.  The year before that, at the International Raceway in Michigan, more tire debris resulting from a crash would be to blame for the death of the same number of spectators… but the unfortunate circumstances of those past incidents did considerably little for the victims and families affected by February’s crash, in Daytona.  Who is to blame in a disaster of this magnitude?  The driver who initially crashed?  Perhaps the driver whose car flew through the barricades and into the crowd.  Is it the racetrack that is to blame, for not putting up sufficient fencing to stop an airborne race car?  Is it the fault of the fencing compan,y who made the fencing in the first place?  Does it matter whose fault is it?

 

Fault Is Going to Come into Play Eventually

 

You probably thought you were one of the luckiest guys eve,r when you landed the tickets to that February 23 Daytona 500.  Even luckier was the fact that you were so close to track side.  Right up until just past that final corner of the race.  Right up until that number 32 car driven by Kyle Larson somehow went freakishly airborne and smashed into the spectator area, while cars all around him smashed, crashed, partially disintegrated and scattered.  As a driver, staring death and danger in the face every time you sit behind the wheel of your race car is an accepted risk.  As a NASCAR fan however, you should not be expected to take the same risks.  This will undoubtedly be the argument that some of the best Florida injury lawyers and the spectators, from this year’s Daytona 500, will use in court… If indeed it goes to court.  The fact that NASCAR is already looking into better catch fences speaks volumes.

 

If this accident had taken place at the Indy 500 and you were in the crowd that day, you’d probably already have gotten yourself a lawyer and would be pursuing a lawsuit against the racetrack.  And, it’s okay to file a suit against someone, when there is blatant negligence on their part.  Technically, even minor negligence would probably still make a decent suit in court.  But, accidents happen, every single day, and people get hurt.  When the damages are considerable enough and the suffering intense, compensation of some sort will probably be sought after, by the victim and their choice of legal representation.  It only stands to reason.

 

The best way to protect yourself against a lawsuit like this is to make sure that you are as aware of your actions, as anyone can possibly be and that you always provide people with a safe atmosphere, when they are in your home, your place of business, or your vehicle.

Not Your Fault Accidents Deserve Attention

Truth be told, all accidents deserve attention.  Attention needs to be paid to the person that was just a victim of the accident, so that they receive the first aid and/or care that they need. That does include follow-up care, such as hospitalization and rehabilitation.  But, attention also needs to be paid to the cause of the accident itself.  Most accidents could have been prevented.  It’s not that they were intentional, that’s why they’re called accidents.  It’s just that, if something had been done differently, chances are the accident would’ve been averted.

 

So Whose Fault Was It?

 

If you are walking along and see a sign that says wet floor/caution and you go ahead and you walk across that wet floor like you don’t have a care in the world, what happens next?  You fall and break your… um, stuff.  Then what happens?  You start screaming and rolling around in pain and the first thing that enters your mind is “I’m going to sue somebody”.  Really?  Why, because you didn’t pay any attention to the sign that contained not only English, but probably Spanish and a little picture just in case you’re illiterate?  Well Genius, maybe you should have taken the sign seriously and walked around the area instead, what do you think?  That is not an accident that should be classified as someone else’s fault.  They was an accident waiting to happen, caused by you, yourself and your belief that signs and warnings don’t apply to you.  Do you ignore red stop lights, as well?  Yes well, then don’t be surprised when that T-bone traffic accident, at the intersection gets blamed on you… as well as your little slip and fall act.

 

When the Accident Truly Isn’t Your Fault

 

This is the time to possibly consider a lawsuit.  Not as a scam, because you ignored sound advice… But because someone else was somehow negligent (like for instance running that stop light) and because of that, people got hurt and or property got damaged.  It may well take legal representation and a judge or jury, to decide who exactly was at fault in the accident, but that’s what personal injury lawsuits are all about, after all.  Assigning guilt.  Assigning fault.  And, determining the type of compensation that the victim deserves.  If you are injured or your property is damaged because of someone else, you have every right to pursue compensation, from that person in a court of law.  With the right kind of representation, some of these suits can even be settled out of court, which truly works out for the best for everyone involved.

 

Legal representation for personal injury suits is relatively easy to find, but do yourself a favor and research that representation, before signing on the dotted line.

A Slip In The Grocery Store Can Mean A Lawsuit

Let’s face it, every time you step out the door you take your life into your hands.  In fact, most accidents happen in the home so you really don’t even have to step outside your door, for there to be a threat against your well-being or your life, albeit from some inanimate object or accidental occurrence.  It is up to the establishments in which we go about our daily affairs, to keep them as safe as possible for workers and customers alike.  That said however, every now and then some kind of wrench gets thrown into the works and lo and behold something bad happens.

 

You Didn’t See That Puddle on the Floor?

 

Though not always detectable, spills and wet floors are sometimes noticeable.  Frequently however, by the time you realize the floor beneath you is slippery, it’s too late.  If wet floor signs were up, you have only yourself to blame, thanks to the fact that everything is not only stated in English,, but with pictures and sometimes even Spanish.  Possibly that came from too many lawsuits from people who claimed not to be able to read English.  So, what about the the topic of lawsuits and people suing over slips and falls?  Let’s take a look at what happens, when you slip and fall in the store.  As just stated, if there were ample warnings and or wet floor signs, you really should have been more careful.  If however, there were no signs and you slip and fall in the store, you are probably the perfect candidate for starting a lawsuit against the store, for injuries received in the fall.  It will need to be determined eventually, whether or not your fall was a result of negligence on the part of the store.

 

Is America Sue Happy?

 

Fast answer, yes they are.  No one is willing to take responsibility for their own actions anymore.  Even worse are the scam artists, that walk into buildings, seemingly fall and get hurt and then bring bogus lawsuits against the establishment,s in which they supposedly fell.  It happens every day.  These are the people who are ruining it for the people who actually do get seriously injured, because of the negligence of someone else.  If you fall and receive an injury and someone else is truly to blame for that, there’s no reason why you should not receive compensation, through a lawsuit.  Chances are you will be able to settle out of court, with the right representation.  But, to bring these false lawsuits into court is a waste of everyone’s time and money.

 

Personal injury lawyers and lawsuits are there to serve those individuals that need them and truly deserve some type of compensation for something that happened to them.  Frivolous lawsuits will only serve to drive up insurance costs and sour juries against those who may well be legitimately injured. Don’t be that guy (or gal) who cries ‘wolf’.