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Do you have a personal injury claim?
An Attorney For You is a free consumer service. We are not a law firm. We help consumers find the best representation for their legal needs. Our service allows the consumer to review responses by many law firms.
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August 31, 2007
Nothing can compound the pain, frustration, and trauma of injury more than having to manage your health insurance company on top of everything else. It’s no secret that health insurance has become an inconceivably complicated affair in this country; endlessly changing direction until even the most organized among us can hardly keep track of the minutiae. Insurance issues are difficult to manage when you’re healthy; but when you’re injured, every second spent dealing with the insurance company is time taken away from recuperation. When your injury is the result of another’s person’s negligence, dealing with the insurance company can just seem like salt in the wound.
Those who are undertaking a personal injury case because of the circumstances surrounding their accident will very well hire a personal injury attorney who will act on their behalf throughout the legal process. And in most cases, a reliable personal injury attorney – as a part of their responsibilities - will act as your liaison with the insurance companies.
When an injury occurs that requires medical care of any kind, insurance companies become part of the process – health insurance, auto insurance if the injury occurred as a part of an automobile accident, and even homeowners insurance if the accident occurred on someone’s property. Insurance issues can confuse the entire process, delay payment of medical bills, and severely impact your out-of-pocket expenses. A personal injury attorney can take the burden of insurance off of you during this legal process.
The responsibility of a personal injury attorney is to initially help you decide if your injury was indeed caused by another party’s negligence and is therefore a viable case in a court of law. If it is decided that you have a case, the personal injury attorney will work to help you gather facts and evidence that can help to prove negligence on the part of the defendant. Part of such evidence will be medical bills directly related to the injury; so it makes the most sense – for everyone involved – that your personal injury attorney handle the insurance company; thus giving the attorney hands-on information regarding medical expenses and the position of the insurance companies in paying said expenses.
August 25, 2007
When it comes to a personal injury case, the burden of proof rests with the injured party, who must establish that their injury was sustained as a direct result of another party’s negligence. Whether your injury occurred in the workplace, in a public facility, or behind the wheel of a car, it is only viable as a personal injury case if the circumstances surrounding the event was caused by someone else’s wrongdoing. In order to navigate the system, the injured party will engage the services of a personal injury attorney who will gather the evidence surrounding the injury and build a case that may very well end up in court. It is incumbent upon the personal injury attorney working for the plaintiff to do their very best to prove liability on the part of the defendant.
Proving liability is clearly the crux of the plaintiff’s case, and most certainly the most challenging part for any attorney. But a personal injury attorney is experienced in gathering the evidence that will help prove liability. In order to prove such liability, however, the personal injury attorney must prove very specific things.
First and foremost, it must be proven that there was a duty incumbent upon the other party. For instance, if you slip and fall in a store because you stumbled upon damaged flooring, you must prove that there was a duty upon the store owner to repair the flooring on his premises. Once your personal injury attorney can establish that such a duty was present, it must be proven that the other party failed to perform this duty. Finally, it must be firmly established that the failure to perform this duty was responsible for the plaintiff’s injury.
A personal injury attorney will ask for damages to be awarded to the injured party; financial restitution that will cover medical expenses, lost wages, damaged property, and even pain and suffering. This is equally challenging for the attorney who will have to show a direct connection between the sustained injury and subsequent events, such as ongoing therapy, pain medication, and the like.
August 24, 2007
Getting hurt is never a choice; unfortunately, many of us will face an injury as the result of an accident. But if such an injury occurs as the result of another person’s negligence, you may decide to engage the services of a personal injury attorney. Often, the injured party decides to hire an attorney because of medical bills, lost wages, and pain and suffering caused by another party’s negligence. A personal injury – as defined by the law – can happen anywhere, in the workplace, while shopping, even while driving. All that is required of such an injury, in order for it to possibly have merit in a court of law, is that it occurs because someone else was negligent. A fall in a store because there was no sign warning you a wet floor, a car accident as the result of a drunken driver, and many other events can constitute a personal injury case and prompt the hiring of a personal injury attorney.
The job of a personal injury attorney is to first determine if your case has merit. If it is determined that your injury did, in fact, occur as the direct result of another person’s actions – or non-actions – then your attorney may choose to move ahead with the case. Often, a personal injury attorney will first attempt to settle the case out of court, asking the other party for a pre-determined sum of money that will cover medical expenses, property damage, lost wages that are a result of the injury, and anything else that you and your attorney feel should be included in the financial restitution. If such a settlement is not a success, then your personal injury attorney will bring the case to court where they will argue in front of a jury in order to prove your case and convince the jury to award you damages.
This process is by far the most difficult as you must convince the jury – beyond a shadow of a doubt – that you were injured as a direct result of someone else’s negligence. And this is where solid evidence comes into play. Your attorney will surely ask you to gather all evidence associated with your case; anything that will help to prove the circumstances surrounding your injury. Such evidence may include eyewitness accounts, still photography and video of the accident scene, injuries sustained, or even the accident itself, police reports - if any – that were filed, and any other materials that will help your case.
As it is incumbent upon the personal injury attorney to present your case to the best of their abilities, it is incumbent upon you as a responsible client to provide them with all of the evidence that they need to do their job.
August 23, 2007
Anyone who sustains an injury as the direct result of another person or party’s negligence will surely attest to the frustration in knowing that the suffering did not have to happen. Accidents occur every day; but when an injury happens that could have easily been avoided, the pain and distress is compounded. That is why many people, when faced with these circumstances, choose to engage the services of a personal injury attorney. It is the hope that with professional guidance, the injured will be provided financial restitution to help cover medical expenses, loss of wages, and other financial damage experienced as a result of the injury. Determining how much the case is worth, is reliant on several factors and will be thoroughly examined by your personal injury attorney. Frankly speaking, the more experienced the attorney, the better the plaintiff’s chances of receiving the greatest financial settlement in their particular case.
But ultimately, determining the worth of your case comes down to the amount of evidence you can gather in order to prove negligence on the part of the other party. But aside from the quantity of the evidence, the quality of the evidence is just as important. Your personal injury attorney will undoubtedly gather as much evidence surrounding your case as available. This will include still photographs, video, police reports, eyewitness accounts, medical records, professional testimony, and the like. All evidence – in order for it to be effective – should be enough to convince a jury of negligence on the part of the defendant.
If your personal injury attorney determines that you have enough quality evidence to effectively bring your case to court, they will begin to explore the possible financial compensation that you might expect from the negligent party. Such restitution will include medical expenses, lost wages due to the injury, attorney’s fees, and even pain and suffering.
Ultimately, if an effort to settle the case out of court proves unsuccessful, the burden falls on your personal injury attorney to effectively litigate your case in court. Receiving a financial award in such a case depends on convincing a jury, without a shadow of a doubt, that your injury was the direct result of the other party’s negligence. This is where the experience and skill of your attorney becomes so vital.
August 22, 2007
A personal injury attorney is a certified lawyer who handles personal injury cases as defined by the law. A personal injury is more than just an accident that results in bodily harm; it is an injury that is the direct result of another person or party’s negligence. For example, if you fall in a store because you trip on your shoe lace, that is considered an accident; but if you fall in a store because the floor is damaged and hasn’t been repaired by management, then that can be considered a personal injury case.
In most cases, a personal injury attorney will work on behalf of the injured party. Once determining if they have a case, based on the evidence, the attorney will begin gathering the materials to present in court. In some cases, when the evidence is overwhelming and the negligence is obvious, the personal injury case will be settled out of court, as the negligent party awards the plaintiff financial restitution rather than facing the possibility of a demand for a larger award in court. If, of course, a settlement is not reached, the personal injury attorney will represent the injured party in court, presenting their case to a jury of their peers.
But a personal injury attorney does not only work on behalf of the plaintiff. A personal injury attorney can also provide much needed defense for the party being sued for negligence. The process works much the same, but in this case the attorney and client work together to gather evidence that refutes any wrongdoing on their part. The most significant edge that the defense attorney has is the burden of proof is largely on the shoulders of the plaintiff. In order for damages to be awarded in a personal injury case, the jury must be convinced – beyond a shadow of a doubt – that the injury was sustained as a direct result of negligence on the part of the defendant.
If the personal injury attorney for the defense is successful in planting even the slightest doubt in the minds of the jury, they can not – within the guidelines of the law – award any financial restitution.
The law provides equal protection to everyone. If you are injured under circumstances that you believe to be negligence on the part of someone else, then it is certainly within your right to engage the services of an attorney. Conversely, if you are being taken to court for negligence that you feel has been unfairly assigned, then it is within your right as well to engage the services of an attorney who will help defend you or your company.
August 20, 2007
If you have suffered injuries as the result of another party’s negligence, you may be considering taking your case to court with the assistance of a personal injury attorney. The responsibility of a personal injury attorney is to work closely with you – gathering the facts surrounding your injury – to determine if you have a legitimate personal injury case. If your attorney finds that you do, in fact, have a case, then they may suggest moving forward through legal mediation or court processes in pursuit of appropriate financial restitution.
Of course, part of this process requires choosing an appropriate personal injury attorney who is both reputable and reliable, and will work well with our own particular personality. Finding such an attorney requires the consideration of several factors.
First and foremost, before choosing a personal injury attorney you must determine their level of experience in this particular field. As an attorney, they have clearly had to attend law school and pass the appropriate exams in order to become a practicing lawyer. So what is important in this respect is to determine their level of experience in personal injury law including how long they have been practicing, what kinds of cases they have worked on, and their record of success. For instance, if you have received your injuries through a motor vehicle accident, you will undoubtedly want to find an attorney that is experienced in handling similar cases successfully.
Further, reputation matters; the Internet can offer you a wealth of knowledge regarding the reputation of any attorney in which you are interested. Finally, meeting face to face with a particular attorney will give you insight into their personality and the level of success you can expect to achieve together.
Financially speaking, most personal injury attorneys work on a contingency basis, recouping fees when and if you are awarded damages through your case. But this is not necessarily a given. So be sure that any attorney in whom you are interested offers a financial arrangement that works for you.
August 17, 2007
Injuries happen; and when they do, they are most often the result of an accident – being in the wrong place at the wrong time. But when the accident is a result of another party’s negligence, then it becomes a case of personal injury, a legal matter that is settled between attorneys in order to obtain you the financial restitution you may deserve. In such a case, a personal injury attorney’s first and most important job is to determine if you have a case at all.
Before the legal process can even begin, a personal injury attorney will gather all the facts related to your injury including witness accounts, photographs, medical records, and police reports – if any were filed. Such elements are imperative in determining if there was actual negligence on the part of the opposing party. If negligence clearly exists – and this is vitally important as a personal injury attorney is entrusted with convincing a jury of such negligence beyond a shadow of a doubt – than they may determine that you indeed have a case.
A personal injury attorney will also undoubtedly look to you to determine your credibility as a client. Just as you will surely interview reputable attorneys to determine which one is a good match for you, any attorney worth their weight will want to hear what you have to say in order to determine if you will be a well-matched team going forward and if your testimony can be relied upon in court.
If it is determined that you have a viable personal injury case, a personal injury attorney will begin by filing your case in court, complete with the financial restitution that you have together determined to be appropriate. Arriving at such a number requires looking at everything from medical bills and lost wages, to physical pain and emotional suffering.
Often, your attorney will attempt to settle your case outside of the courtroom as this saves both money and time. Such settlement can occur through conversation between the attorneys or through legal mediation. But if it is found that such a settlement is not likely to be successful, then your attorney will be responsible for representing you in the courtroom so as to reach the most favorable outcome.
August 16, 2007
Getting hurt is never a pleasant experience regardless of where it happens, the circumstances surrounding it, or the extent of your injuries. But when such injuries happen as the result of another person or company’s negligence, it can compound your suffering that much further. In the evident of such an occurrence, you may be faced with the decision about whether or not to engage the services of a personal injury attorney.
A personal injury attorney works as your advocate throughout the legal process of assigning blame for your injuries onto a negligent party. For instance, if you are injured as a result of a fall you took in a store because there was no sign alerting you to the wet floor, then you may have a viable personal injury case. Further, if you are injured in a motor vehicle accident as a result of a negligent driver, you may also have a personal injury case.
Deciding whether you need a personal injury attorney comes down to how you feel about your injuries. If you are positive that you sustained such injuries as the result of someone else’s negligence, and such injuries have not only caused you physical pain but financial suffering due to lost wages and high medical bills, then you may decide that it is best to proceed with the services of a personal injury attorney.
A personal injury attorney will assist you in gathering the evidence associated with your case and helping you determine if, in fact, you have a case at all based on witness accounts, police reports, medical findings, and the like. If your attorney feels that you do, indeed, have a case, then you will proceed with filing the case in court, asking the negligent party for the appropriate financial restitution to cover your medical bills and other costs associated with your injury.
August 15, 2007
Unfortunately, at one time or another most of us have had to contend with a motor vehicle accident; whether it was a fender bender or a more a serious collision. Thankfully, often most of us are also able to walk away from such an incident with only minor injuries and minimal damage to our vehicles. But, there are those cases in which a motor vehicle accident results in more serious injuries, damage to property, medical bills, and even loss of wages. If such an accident was the fault of the other driver, then you may very well have a viable personal injury case; and moving forward with such a case requires the services of a reputable personal injury attorney.
A personal injury attorney is an educated lawyer who specializes in cases of personal injury; bodily injury resulting from the negligence of another party. Such injuries can occur anywhere – including in stores, public buildings, and even in the workplace. But they can also happen as the result of a negligent driver whose actions cause a motor vehicle accident.
In such a circumstance, a personal injury attorney can help assess your case to determine if in fact there is enough evidence to move forward. Such evidence may include pictures, video, medical documentation, eyewitness accounts, police reports, etc. If it is determined that such a case is viable, then your personal injury attorney will then outline the next steps of your case.
For instance, you will likely first determine what financial damages are appropriate based on medical bills, property damage, lost wages, and even pain and suffering. In general, personal injury attorneys work on a contingency basis, meaning that they do not receive a fee unless you are awarded damages.
Once your facts are gathered and you have determined a fair dollar amount for which to ask, your personal injury attorney will file your case with the court and proceed in negotiations with the opposing party’s attorney. This may include the attempt to settle the case out of court through mediation or financial settlement. If none of these attempts are successful, your personal injury attorney will then take your case to court where they will act on your behalf to convince a jury of the opposing party’s negligence.
August 14, 2007
There are many different facets of the law; designed to protect, serve, and represent the public on a multitude of issues. One such segment of the law is that which is assigned to personal injury – defined by physical or psychological injury derived from negligible wrongdoing by another party. A personal injury attorney acts on behalf of the claimant in subsequent legal proceedings.
In order to best understand the role of a personal injury attorney, it is necessary to have a basic understanding of the complexities of personal injury law. Personal injury can be sustained anywhere, and as a result of many different circumstances; a traffic accident can just as easily result in personal injury as a job-related occurrence. What differentiates personal injury – a basis for a legal claim – from simply an accident is negligence or intent. Your injuries sustained from a vehicle accident caused by a drunk driver are considered to be personal injury and are therefore actionable in a court of law; your injures sustained at the workplace as a result of a broken stair that had been neglected to be fixed is more than just an accident – it is an actionable personal injury case.
It is incumbent upon a personal injury attorney to explore all the facts of a case before determining if it has merit as an actionable legal case. If the attorney feels that the case has merit they will work in the best interests of their client, gathering pertinent information to help build a case of negligence or intent. Such information may include the testimony of witnesses, video or still pictures of the scene of the injury, and a variety of other material specific to the case. A personal injury attorney will also work with their client to determine a financial figure that will cover the costs of the injury including medical and therapy bills, lost wages, damage to property, and, in some cases, punitive damages that is meant as penalization for proven negligence and compensation for the injured party’s pain and suffering.
At this point, the attorney may choose to first approach the defendant directly to attempt to expedite a financial settlement that allows them to avoid the courtroom but receive financial restitution. If such a settlement is not successful, it may become necessary to go to court. In the courtroom, the personal injury attorney strives to convince a jury of the defendant’s negligence – by far the most challenging part of the process as such negligence must be proven without a shadow of a doubt in order for restitution to be awarded.
In the case of a wrongful death suit, a personal injury attorney may be retained by the family of the deceased to bring their case to court.
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