Personal Injury Lawyer Blog

How a Case Is Won

December 1, 2012 | by Moseley Collins

The bulk of people need to hire a personal injury lawyer only once their entire life. If you are fortunate, you may not need to hire a lawyer in your whole life. But it can happen. This is because accidents happen every day. Unfortunately, you can also become a victim of an accident. As a result, you may need to hire a professional attorney to get compensation from the party responsible for causing the accident.

You may have loads of questions as to whether you should hire a lawyer in case of an accident. It can be difficult for you to take an individual or a company to the court of law. By hiring a lawyer, you will find it easier to deal with tasks related to a personal injury case. Given below are a few factors that can help you to win or lose a case.

Most people think that a personal injury lawyer succeeds in winning most of their cases in the court. But the truth is that they win a very small number of cases. Most of cases reach a settlement outside the court. The remaining lawsuits are settled inside the court. Lawyers from both sides present evidence and the judge decides which party is innocent and which is responsible for the accident. The settlement of a case through negotiation can save both the parties a great deal of time and effort. Nine out of ten cases are settled outside the court through negotiation.

How To Sue For Medical Misdiagnosis

November 30, 2012 | by Moseley Collins

Whether you should sue a medical doctor or not is based on the circumstances associated with your case. The bulk of lawsuits are filed just because a doctor failed to diagnose a certain disease or condition. These types of cases are associated with appendicitis, lung cancer, heart attack, breast cancer or colorectal cancer and so on. In this article, we are trying to explain how you can file a case against a medical doctor in case misdiagnosis.

Aside from the primary health care physician, you can file a case against any other physician, such as specialists, nurses, hospitals, hospital staff, laboratories, surgeons, surgical staff, specialists and so on. According to statistics, we have come to know that the majority of these cases are filed in order to recover compensation from the responsible for a misdiagnosis or a delayed diagnosis. Apart from this, there are many different reasons of a misdiagnosis. For example, lack of screening, incompetent doctor, improper tests and ignoring the details given by the patient are a few reasons of misdiagnosis.

Aside from misdiagnosis, a delayed diagnosis or diagnosis done wrongly can affect the patient in several ways. Due to delayed diagnosis, the disease can become worse and the patient may need aggressive treatment. This can cause the patient to bear severe pain. Also, urgent treatments can cost an arm and a leg to the patient.

How Long Does It Take To Settle A Car Accident Case?

November 30, 2012 | by Moseley Collins

Have you had a car accident recently? Are you hurt badly? Are you wondering how long it will take you to settle the case? If so, you have come across the right article. Many things can occur due to a car accident like vehicular damage, injuries, disability, loss of job and death. If you want to recover the damages as soon as possible then you might be wanting to know the amount of time it may take to settle the car accident case. Given below are some fundamental guidelines that can help you determine the amount of time you may take to settle the case.

Circumstances of The Accident

As with any case, you need to consider circumstances in order to assess the time and energy that should be invested to resolve the case. A case can take months or even years to resolve depending upon the complications involved. You case can settle in a couple of weeks if the other party does not defend and accepts its fault. On the other hand, a complicate case involving problems, such as disability, drunk driving or even death of the victim can take months or years to reach a resolution. So, basically, it depends on the circumstances.

Settling a Personal Injury Case: The Primary Factors

November 30, 2012 | by Moseley Collins

Attempting to settle a personal injury lawsuit without the assistance of a personal injury lawyer is a big mistake. However, it is not compulsory to hire a lawyer to handle cases that involved personal injuries. But you can get maximum amount of compensation possible with the help of a good lawyer. Of course, the lawyer will charge you a fee for providing legal services, yet it is better to choose to hire a lawyer. There is no problem if you do not want to file a case against the other party but you should consult an experienced lawyer prior to negotiating with the insurance company of the other party. In spite of all these things, if you want to negotiate with the insurance company directly, then you should keep a few things in mind before moving ahead.

Direct damages, for the most party, comprise your lost wages and medical bills. If you have been disabled for good, you can recover compensation that will cover lost wages for years to come. Without the professional assistance of a lawyer, it is close to impossible to reach a settlement.

You will find it immensely hard to deal with the insurance provider, as insurance providers try their level best to pay as little money as possible to their clients in case of an insurance claim. When you try to negotiate with the provider without the help of a lawyer, the insurance company of the other party will easily twist the matters in order to avoid paying compensation you deserve. The company will not take your insurance claim seriously. Most of time, they make delays in order to discourage you on purpose. At the end of the day, you will be able to recover only a small amount of money from the insurance provider.

Clinical Negligence — How to Make a Complaint

November 29, 2012 | by Moseley Collins

First off, let us take a look at the definition of clinical negligence. According to experts, this is a situation where a doctor gives you a low-standard treatment that could cause harm to you. This means that the doctor give you a harmful treatment on purpose. This may sound like an easy legal description but it is not. In other words, when a doctor treats you badly, this can be considered clinical negligence.

If you are sure that you have been treated unfairly by your doctor, you can consider getting legal assistance. For this purpose, you should always try to find a legal expert. In other words, you should hire an expert medical malpractice lawyer.

The first thing you need to do is to make a formal complaint to the person in charge of the health care, especially if you are in hospital. Moreover, you should make a formal complaint and ask for detailed response. If the response does not satisfy you, then your next move should be to make a complaint to the complaint manager of the hospital.

The Role Of A Brain Injury Lawyer

November 29, 2012 | by Moseley Collins

It is close to impossible to prevent accidents as they are predictable. When an accident occurs, many people get injured and some of them even become disabled for evermore. Those who receive serious injuries take a considerable amount of time to recover. A brain injury is critical because the brain acts as a control center of the body. In case of a birth injury, you should hire a brain injury lawyer in order to get the right amount of compensation.

It is sad that in most of cases that involve head injuries, victims are not paid the compensation they deserve. In these types of cases, a tidy sum of money is paid to the victim. You may not be able to speak properly due to brain injuries; therefore, it is better to hire a good lawyer to represent you in the court.

The first move of the lawyer will be to file a complaint. According to law, personal injury includes physical injury, mental injury or a combination of both. Here it is important to note that in case of minor injuries you cannot recover compensation. Only those injuries that take too long to recover can receive compensation.

4 Elements That Can Affect Car Accident Cases

November 29, 2012 | by Moseley Collins

Every car accident lawsuit is different. However, the bulk of these cases follow the same pattern. That pattern makes insurance claims to settle without lengthy court fights and allows you to get back to your normal life in short order. Given below are a few elements that can affect your car accident case.

Statute of Limitations

Every country has a set statute of limits after that time you cannot make a car crash claim. The time limit can be 2 to 3 years or even less. However, there are some exceptions to the statute. You can make a compensation claim if you discover the injuries long after the accident. Moreover, if you were minor at the time of the accident, then you can make a claim once you come of age. The mental condition of the victim is also considered an exception to the statute. So, you should file a case ASAP in order to avoid problems related to statute.

Protect Yourself After Personal Injury, 5 Steps to Prepare for Healing and Compensation

November 29, 2012 | by Moseley Collins

It is very difficult to tolerate the pain of injuries after a personal injury. Moreover, you will have to adopt a new lifestyle as you recover from the terrible injuries. Thanks to the advancements in medicine, you can now recover in short order. However, by hiring an expert personal injury lawyer, you can recover what you deserve with respect to compensation.

A lawyer can assist you to handle legal aspects of your case. What can you do to boost the process and get best results possible? If you have receive a severe injury due to someone’s negligence, then you can follow the five steps given below to get maximum amount of compensation possible.

Take Care Of Your Health

If Your Personal Injury Attorney Drops Your Case, Don’t Give Up

November 26, 2012 | by Moseley Collins

Do not worry if your lawyer says that your case is not worthy of being taken to the court. You should look for another personal injury lawyer. There is no shortage of lawyers out there. However, not all lawyers are ready to invest the time and effort to handle your case. Read on to find out more about what you should do if your lawyer drops your case.

Most personal injury attorneys work on contingency basis. Your lawyer will have to negotiate with the lawyer of the opposing party in order to recover the right amount of compensation. So, the role of the lawyer is very important in this case.

Some attorneys, however, take slam-dunk lawsuits. This means they take only those case that they can easily win. This type of lawyers does not want to spend the required amount of time and effort to research the case. It goes without saying that complicated cases are not easy to handle.

Why Do You Need a Car Accident Lawyer?

November 25, 2012 | by Moseley Collins

If you are reading this article, chances are that you are looking for a car accident lawyer. Most people turn to car accident lawyers when they or their loved ones have faced a car accident. The fact is that it is a good idea to hire a lawyer to deal with matters after an auto accident. But it is of paramount important to do research and come up with shortlisted lawyers to choose from. Not all lawyers are competent enough. Therefore, you should take the time and choose a trust worthy lawyer. Given below are some reasons why you should hire a car accident attorney in the event of facing an accident.

Death

When a road accident causes the death of one or two people, it is understood that the matter should be taken to the court of law. If you have been seriously injured in such an accident, you should be able to hire a lawyer to handle your case. You will become an eyewitness in such accidents. Your lawyer will help you to describe everything clearly in the court.