Most Americans would fall behind on essential bills if they miss just one paycheck. If your financial security is in jeopardy after a serious personal injury, you might be tempted to accept the first settlement offer from the insurance company. But if that settlement doesn’t include future medical bills, lost earning capacity, or other damages you’re reasonably certain to incur, accepting it might put you on the path to overwhelming debt.Fortunately, more than 9 in 10 personal injury cases are resolved out of court, which means claimants usually don’t have to go through the hassle of litigation. But in certain scenarios, taking a case to trial is the smartest option. For example, if … [Read more...]
What Can I Do to Strengthen My Personal Injury Claim?
If you’re planning to file a personal injury claim, there are steps you can take starting on day one that may increase your chances of recovering a fair settlement. Those steps include: Documenting the scene of the accident; Starting a personal injury journal; Deactivating your social media accounts; Recording all the expenses you incur; Seeking medical care; and Directing all relevant correspondence to your personal injury lawyer.Let’s explore these steps in depth so you know exactly what to do to ensure your personal injury claim has the best chance of success:1. Documenting the Scene of the AccidentMuch of the evidence needed to strengthen your claim may be time … [Read more...]
How to Prove Loss of Consortium
A serious accident can have devastating consequences not only for victims but also for their loved ones. When a person suffers a debilitating injury, family members often endure tremendous emotional and psychological trauma due to loss of companionship, affection, and intimacy.In the state of California, the spouses and registered domestic partners of accident victims may be able to recover compensation for loss of consortium. Read on to learn the definition of loss of consortium and the types of evidence needed to pursue these damages:Definition of Loss of Consortium Loss of consortium refers to the loss of love, companionship, comfort, care, assistance, protection, affection, … [Read more...]
6 Qualities to Look for in a Personal Injury Lawyer
Filing a personal injury claim is a complicated process that’s riddled with legal hurdles. A single mistake could be all it takes to jeopardize your entire case. A personal injury lawyer not only can help you avoid costly errors but can also handle the logistics of your claim—from gathering evidence to negotiating with the insurance company to litigating your case if a settlement cannot be reached.Unfortunately, not all attorneys have the experience, skills, or resources to provide effective representation. Some are overworked and don’t have enough time to devote to each client; others handle cases in many practice areas and don’t have an in-depth knowledge of the case law and statutes … [Read more...]
What Questions Will My Attorney Ask During the Initial Consultation?
Chances are you’ve never had to hire a personal injury attorney before, so you might not know what to expect during the initial consultation. This first meeting is a chance for you to assess the prospective lawyer’s credentials and experience, and to find out if you feel comfortable working with him or her. It’s also an opportunity for you to get answers to your questions and learn what might happen over the coming weeks and months.Your attorney will ask a series of questions to determine if your claim has merit and how to proceed with the subsequent investigation. These questions will also help your lawyer identify any potential weaknesses in your case, anticipate complications that might … [Read more...]
Who Might Be Liable for a Defective Product Injury?
If you or someone in your family has been injured by a defective product, there are several parties who might be liable for the resulting medical bills, pain and suffering, and other damages. Depending on the circumstances, you might have grounds for a claim against the product designer, manufacturer, distributor, retailer, or any other party that played a role in the development or distribution of the product.Let’s take a closer look at the circumstances when each of these parties might be liable for injuries caused by a product defect:1. The Product DesignerThe designer of the product may be liable if one of the following is true: The risks posed by the design outweigh its … [Read more...]
What Evidence Might Contribute to My Truck Accident Claim?
Strong evidence is the bedrock of any successful truck accident claim. Without it, the insurance company might find opportunities to dispute liability, causation, or damages. This not only could draw out the proceedings, but it may also threaten the outcome of your case.Much of the evidence needed to support your claim could be time-sensitive, so it’s important that your attorney is able to conduct an immediate investigation. A seasoned truck accident lawyer can also file subpoenas to obtain evidence that’s being withheld and bring in expert witnesses to assist with the investigation, settlement negotiations, and any litigation that may follow.Let’s explore a few kinds of evidence your … [Read more...]
What Should I Bring to My Consultation with a Personal Injury Lawyer?
After a serious accident, one of the smartest steps you can take to protect your claim is to speak with an attorney. Most personal injury lawyers offer free initial consultations, so you won’t have to pay anything to get answers to your questions and the guidance you need to make informed decisions. This first meeting is also an opportunity to find out if the prospective attorney has the experience and credentials to handle your case.There are certain documents you should bring to the initial consultation to make sure the meeting is as productive as possible. Examples include: A written description of what happened; The incident and/or police report if you have it; Contact … [Read more...]
What’s the Difference Between a Tort Claim and a Lawsuit?
If you’re planning to take legal action after a serious injury or wrongful death in the family, you probably have a lot of questions. The more you understand about the proceedings and what to expect, the less stressful the experience will likely be on you and your loved ones.One common question asked by personal injury victims is, “What’s the difference between a tort claim and a lawsuit?” We’ll provide the answer in this article.The Relationship Between Tort Claims and Civil LawsuitsThere are several stages to a tort action. One of the first stages is to bring a tort claim, which is a legal filing in response to one party breaching the duty of care owed to another person (negligence) … [Read more...]
Do I Have Grounds for a Personal Injury Claim?
If you’re facing steep medical bills, lost income, and other damages due to an accident that someone else caused, you may be wondering if you have grounds for a personal injury claim. Although each case is unique, there are three elements that must be proven to obtain a financial recovery in all such claims: liability, causation, and damages.In this blog, we’ll define these three terms and explain the elements that must exist for a tort claim to be successful.Proving Liability in a Personal Injury CaseA defendant is considered “liable” for a claimant’s damages when their negligence or intentional wrongdoing was the proximate cause of the damages. The only exception is when strict … [Read more...]
