Personal Injury Attorney

Philadelphia Personal Injury Lawyer Talks About Representing Yourself in Philadelphia Injury Claims

admin — Tue, 31 Aug 2010 09:34:40 +0000

It is an illusion to think that an insurance company will offer an unrepresented person the same kind of settlement money they would offer a person represented by an ethical personal injury lawyer.

The company knows very well that it possesses superior knowledge and bargaining power. It will not hesitate to use this knowledge and power to its advantage. Insurance companies pay only what they feel they will be compelled to pay by a jury. A strong personal injury lawyer on your side acts like a hammer over the head of the insurance company. The company pays far more when it fears the outcome that an experienced personal injury attorney can secure for the client. Insurance companies do not fear unrepresented individuals because of the individual’s lack of knowledge about how to inflict pain upon the company if it does not settle the case. It’s like fighting a war without modern weapons. The other side is not likely to listen seriously to your terms of surrender if you have no ability to effectively wage the battle.

The insurance company will also know that even if the facts and justice are on your side, your unfamiliarity with the legal procedures involved may allow the company to beat your claim on a legal technicality. Although the courts generally relax the rules of procedure for unrepresented parties, you can’t count on this. The rules are made by lawyers for use by lawyers. It is extremely hard to dot all the i’s and cross all the t’s in just the right way when it comes to a personal injury lawsuit. Again, my advice is to retain an honest, energetic personal injury specialist at the first possible opportunity.

By: Evan Aidman

Philadelphia, PA Personal Injury Attorney Talks About Maximizing Philadelphia Injury Settlements

admin — Fri, 27 Aug 2010 12:00:31 +0000

In order to convince a jury that it should award maximum damages to an injured plaitiff, the jury must be presented with an organized summary of the medical treatment. One aspect of this proof is a summary sheet. Below is the format for such a sheet. This is just one small aspect of this proof, but it is necessary and helpful to the jury’s understanding of the history of the treatment, the efforts the plaintiff has gone to in order to achieve health, the amount of medical bills that must be reimbursded and much, much more.

The most serious injuries in this case were cervical and lumbar radiculitis, left-sided cervical radiculopathy, mild to moderate left median motor neuropathy at the wrist, carpal tunnel syndrome on the left side, aggravation of pre-existing lumbar radiculopathy, Cervical radiculopathy, cervical disc protrusion resulting in a cervical fusion and decompression, herniated nucleus pulposis, Displaced, comminuted right distal tibia fracture with associated fibular fracture of the level of the ankle. Malunion, gap and external rotation of the right lower extremity.

4. On or about April 20, 2001, there existed an abandoned metal price sign located within the defendants’ corporate limits at the corner of Haverford Avenue and City Avenue, Philadelphia, Pennsylvania which presented a danger to those lawfully traversing this area.
5. The defendants knew or should have known of the dangerous nature of the said sign, and the fact that it presented a substantial impediment to travel sufficiently prior to April 20, 2001, to take such action as would cure the said condition at the said location.

JOHNSON EMERGENCY CARE SPECIALISTS
Visit: December 11, 2003
Bill: $2,435.35

JOHNSON HOSPITAL
Visit: December 11, 2003
Bill: $2,141.35

JOHN F. KENNEDY MEDICAL CENTER
Visits: March 15, 17, 18, 25,

April 13, 21,

May 14,

June 11,

July 28,

September 17,
October 13, 19, 2004
April 21, 2005

HOSPITAL OF THE UNIVERSITY OF FLORIDA
Visits: March 17,
April 1,

June 11, 22,

July 28,

September 17,
October 8, 2004
April 21, 2005
Bills: $8,200.00

THOMAS JEFFERSON UNIVERSITY HOSPITAL
Visits: June 9, 22, 23, 29, 30
July 1, 14,

August 9,
September 19, 22,
October 19, 27, 2004
June 29, 2005
Bill: $57,122.66

By: Evan Aidman

Burn Injuries – Personal Injury Case

admin — Sun, 25 Jul 2010 16:47:01 +0000

Burn injuries are extremely painful and may leave permanent physical and psychological scars. According to the Journal of Burn Care and Rehabilitation, in the early nineties there were more that 2.4 million burn injuries reported in the United States every year. Of these burn injuries, over one million involved significant physical damage.

Each year, thousands of burn injuries result in death. In fact, burn injuries are the second leading cause of accidental death, behind automobile accidents.

There are four categories of burn injuries:

First degree burns Superficial second degree burns Deep second degree burns Third degree burns
First Degree Burns
First-degree burns usually affect the outer layer of the skin, called the epidermis. A first-degree burn tends to be moist and red in color. A burn of this nature is generally resolved within a week. A classic example of a first-degree burn would be mild sunburn.

Superficial Second Degree Burns
A superficial second-degree burn penetrates the entire epidermal layer of skin and extends down to the next skin layer, known as the dermis. Pressure on a second-degree burn tends to produce red blanches. The burn may appear moist and pinkish in color. A superficial second-degree burn also should heal spontaneously, often within two weeks.

Deep Second Degree Burns
A deep second-degree burn differs from the superficial variety, because the tissue destruction runs deeper into the dermis. A burn of this nature will be dry and whitish in color. It will not produce red blanches with application of pressure. This type of burn may take three to four weeks to heal. There is a risk that a deep second-degree burn will leave thick or hypertrophic scars.

Third Degree Burns
The most severe classification is the third degree burn. This occurs when the burn destroyed both the epidermal and dermal layers of skin and extended down to the subcutaneous tissue. These burns may be physically depressed, charred, and often leather-like in appearance.

Ironically, a third degree burn may not be as physically painful as less severe types, because of the amount of nerve endings that were destroyed. These burns are very serious and often require skin grafting or other reconstructive procedures.

Burns are also classified into two categories: partial thickness and full thickness. Partial thickness burns include first and second degree burns, while full thickness burns are usually third degree burns.

These descriptions only describe the general burn characteristics. However, you should not attempt to diagnose the severity of a burn on your own. Instead, get prompt medical attention, because this can be important in minimizing pain and promoting faster recovery. In severe burn cases, immediate medical treatment may save lives.

Burn injuries are expensive to treat. A prolonged hospitalization for third degree burns can easily exceed $100,000. Many burn injuries are due to negligence (the fault of another person). If you or a loved one suffered a burn injury, talk with an experienced Michigan personal injury lawyer today.

By: Marya Sieminski

Michigan Personal Injury Lawsuits

admin — Fri, 23 Jul 2010 11:17:30 +0000

When a party is injured or suffers damages as a result of the carelessness or negligence of another other party, a personal injury lawsuit arises. In special circumstances, like medical negligence or wrongful death, the personal injury law grants a right to an individual related to the victim to file a lawsuit on his behalf. The basis of a personal injury lawsuit is to provide compensation to the injured party for the injuries or damages suffered by him, due to the other party’s negligence. Personal injury lawsuits cover a wide range of domains like all-terrain vehicle accidents, auto accidents, brain or burn injuries, dog bites, industrial accidents, sexual harassment, medical malpractice, etc.

There are two basic elements required to file a personal injury lawsuit that demands for compensation, liability, and damages. In the process of demonstrating liability, the party filing the suit must establish and prove that the person or entity charged is legally responsible for the injury caused. The damages refer to the extent of injury or loss suffered due to the defendant’s negligence. These two elements can be established on several grounds like negligence, strict liability, and deliberate wrong, with deliberate wrong being the least-used grounds for filing a lawsuit.

The trend of filing a personal injury lawsuit in America is on rise these days. The conditions for filing a lawsuit vary from state to state. In the state of Michigan, a personal injury lawsuit can be filed only within three years of the accrual of the personal injury, except for special circumstances where it becomes difficult to find the cause of injury until certain period. Most people qualified to file a personal injury lawsuit lack sufficient knowledge on personal injury law to claim the full amount of entitled compensation. Thus, considering the criticality of the situation, the best course is to hire an experienced personal injury attorney to guide you in the proper direction.

By: Ken Marlborough

How Personal Injury Cases Proceed in Ohio

admin — Tue, 20 Jul 2010 08:55:28 +0000

When you or someone you love has been injured you may feel like your life has been flipped upside down. At the same time, you will confront serious and complex medical, legal, job, money, and family issues, often for the first time in your life.

This article is designed to help answer this question “how will my case proceed?”. The facts surrounding each legal claim are unique. As each case is different, it is impossible to know the length of time necessary to see a case to resolution or the nature of the resolution. There are certain things, however, that you can generally expect to occur when pursuing an injury claim.

Since every case is different your first legal consultation should be free. Your attorney will examine the unique facts regarding your case and look at it from every angle. The information that you provide will include:

When, where, and how did the accident happen? What injuries did you or your loved one suffer? All the other facts that might impact the viability of the case. Any other information that you think is important.

If a face to face meeting is not practical, information can be exchanged by phone, mail, or email. If you or a loved one needs legal help, talk with a dedicated Ohio personal injury lawyer.

Investigation

A careful investigation of personal injury cases is absolutely critical, and must be done thoroughly and carefully for each case. The investigation process usually involves several important steps beginning with obtaining police reports, accident reports, witness statements, and photographs.

The investigation process continues as the case proceeds. Your attorney may retain experts to help present your case effectively. These experts may be necessary to reconstruct an auto accident, identify building code violations, or determine if a product was defective. The most important factor in the investigation phase is, of course, hard work and tenacity.

Pre-Suit

During the pre-suit process, materials related to your case are assembled including medical records and other information about your injury. During this phase of the case the focus shifts from assessing the viability of the case to managing the case in order to maximize value.

Most clients quite reasonably want to know how much money they will be receiving at the end of a successful personal injury claim. The truth is, the value of your case depends upon the outcome of your medical treatment and extent of your recovery, as well as the circumstances of the accident.

Litigation

Many cases never reach the litigation stage because they are settled during the pre-suit process. Sometimes it is necessary to litigate a case when the insurance company is unwilling to settle for an appropriate value.

The litigation process usually involves a process called discovery. During the discovery process you may be called upon to answer written questions called interrogatories or give testimony known as a deposition. It may be necessary to present your claim in court in front of a judge or jury.

Conclusion

After a settlement or verdict, the disbursement process concludes your case. This typically involves your attorney receiving a check from the insurance company, reviewing and approving the release if necessary, sorting out any lien issues, and then delivering a check to you as quickly as possible. If you or a loved one needs legal help, talk with a dedicated Ohio personal injury lawyer.

By: Marya Sieminski

Strategies For Winning A Personal Injury Claim

admin — Sun, 18 Jul 2010 16:14:30 +0000

When you file a personal injury claim you are more than likely doing so because you are injured and want compensation for those injuries. A personal injury settlement is very important to you because you have more than likely lost income due to your injury not to mention future income because you are no longer able to work as you once did. This is important and you need to find a Boston personal injury attorney who will help you win your personal injury settlement. Remember that there are many Boston personal injury lawyers in the area and you should consult with the best ones in order to have the best strategy for winning your personal injury claim.

There are many strategies for winning a personal injury claim, but one of the most important is to win the accident solicitor over. When he/she talks with you about your injuries don’t just mention what injury or injuries you have and be done. Instead, really talk to the accident solicitor and inform them of what happened to you. Make it a narrative and express how you feel about your injuries. Tell the solicitor how now you feel like less of a person because you can’t even walk around and do things for yourself. Or, say that you feel helpless and guilty because your spouse now has full responsibility of the income and taking care of the family. Really get the emotions out and show how your injury has affected you mentally. When the compensation solicitor sees how you feel and can empathize with you then you are better off at winning a large sum of money for your personal injury claim. If the compensation solicitor can’t tell from talking with you that the injury has significantly impacted your way of life then you probably won’t get as much money as you are hoping for.

There are many other personal injury settlement strategies, but this is one of the best ones and one that is often overlooked. Talk with your Boston personal injury attorney about any other recommended strategies you can use as well to ensure you get the money you deserve for your injury.

By: Natalie Aranda

Personal Injury Claims – Don’t Be A Fool

admin — Fri, 16 Jul 2010 10:14:35 +0000

Many people suffer personal injury at some point in their lives. They may experience a vehicular accident, slip and fall, get hurt on someone else’s property, or have a claim for medical malpractice. If another party is liable for the personal injury suffered, one can explore settlement options with the insurance company or, if push comes to shove, file a lawsuit.

When people are at this juncture, I highly recommend contacting an experienced attorney rather than attempting to negotiate with the insurance company on their own. People think saving that attorney fee is a smart thing to do. The general public who are savvy enough to attempt negotiations usually know just enough to be dangerous. They may even think okay, I’ll start this and if I don’t do well on my own, THEN I’ll contact an attorney. This is a mistake, for several reasons. A statute of limitations may pass. They may attempt settlement in an amount that is too high or too low, or even too soon. When an attorney is finally contacted, it’s either too late, or there is so much damage control necessary they may not be interested in the case.

Even an attorney who represents himself is deemed a fool.

If you have suffered a personal injury, contact an attorney as soon as possible. Your attorney will be able to guide you through the steps, and explain what should happen and when. Leave your potential recovery in the hands of someone experienced in these matters – a personal injury attorney.

By: Laura McDonald

Florida Attorneys Help You File Personal Injury Lawsuit in Florida

admin — Thu, 15 Jul 2010 15:34:44 +0000

What is a personal injury lawsuit? It is nothing but a tool through which personal injury victims can apply their rights and take legal steps against the person or organization whose carelessness devastated their life.

Vehicle accident, slip and fall and other accidents are often accompanied by severe physical injuries and mental stress. Bone fracture, head injury, spinal cord injury and serious bruises may take years to cure. During the recovery period most people find themselves unable to go to work. Hence, job loss and reduced income are common. Top of that, they need to bear huge medical expenses. The responsibilities of family members cannot be ignored as well. Therefore a money crunch is inevitable.

All these tensions and worries build up mental stress and depression. And when accident takes place simply because of someone else’s negligence and recklessness, the pains increase many folds.

Personal injury lawsuit is the tool which helps victims and injured persons get compensated for all their damages. Physical injuries, medical expenses, compromised lifestyle due to unemployment or reduced income, mental stress and property damage, everything should be considered while computing compensation amount. Personal injury lawsuit is the legal way of filing your complaint against the responsible party in court of law and let the court judge your case.

But the process is not so simple. Legal guidelines are quite complex to understand and if you miss a single rule the entire case may lose its merit. Therefore you need personal injury lawyers who can guide you from a-to-z of your personal injury case.

It is better to get helped from lawyers of your home state. If a resident of Florida gets injured because of carelessness of others, they should see Florida personal injury lawyer to know how to submit personal injury lawsuit against the offender.

The person or the organization responsible for wrongful acts must provide monetary compensation to the victims for all the damages. Court decides the compensation amount after looking at all the evidence and listening to the statements of witnesses.

Preparing a convincing personal injury lawsuit is a difficult process. Only expert lawyers can help you make your lawsuit convincing. Designing the right plan of action and preparing a strong lawsuit are very important for the success of personal injury case.

That is why you need to work with a reputed and experienced attorney specialized in the type of personal injury case you are going to file. Accident attorney Florida can help automobile accident victims get compensate properly and a spinal cord injury lawyer in Fort Lauderdale can help victims with spinal cord injuries get justice.

The entire process can be difficult to pursue for general people who do not have detailed knowledge about state laws regarding personal injury, automobile accident, medical malpractice, slip and fall and other areas of personal injury. Once you appoint an efficient lawyer, your lawsuit becomes convincing and strong.

Apart from preparing the lawsuit, personal injury lawyers teach victims how to face trial. Victims’ statements play important role in judgment. Attorneys with years of experience in handling personal injury lawsuits can predict how the trial can go and prepare their clients for all types of questions that can be asked by the opponent. In a nutshell, they help you make full use of your legal rights.

By: Markus Skupeika

Los Angeles Personal Injury Attorneys: A Guide

admin — Wed, 30 Jun 2010 16:32:05 +0000

Personal injuries could happen due to a vehicle or railroad accident, slip and fall, dog bite, medical malpractice and so on. Fundamentally it means an injury caused to a person through the action or negligence of another person. The damages resulting from such injury, not just the physical part but also the mental and emotional agony, are quantified in money terms and claimed, usually from the insurance company.

In many personal injury cases a specialist attorney is required because of the formalities and complexities that might be involved. Hundreds of honest, competent and hardworking attorneys dedicated to obtaining due compensation for their clients either through a settlement or a court verdict practice in Los Angeles.

How do you find one? Remember that in this segment of law itself, there is further specialization. Some attorneys practice only accident cases. Dog bites may be the chosen area for another group. To locate the pertinent lawyer you could turn to the telephone directory or to the Internet. Alternatively, you could approach the Los Angeles County Bar Association. One possible problem with this channel is that the list they provide may not be screened. You could also ask friends or any lawyer known to you.

You should also shop around. Study the track records. Talk with the attorneys. Some lawyers do not charge for the initial discussion. Ask for a quote. Here you might come across attorneys who refuse to comply before the case details are given to them. This is actually a good sign because the lawyer is being practical; he wants to ascertain how much work is involved. You may also come across lawyers who refuse to take the brief either because the recovery is likely to be too low, or the case lacks clarity.

How does a lawyer charge you? His remuneration might cover two parts – fees for the services, and expenses. The different systems of payment are contingent fee, retainer, hourly charges, and fixed rate. A contingent fee is the ideal one for personal injury cases because the attorney takes a cut from the compensation you get. However, his expenses may still have to be paid even if the claim is rejected. Some lawyers accept payment by credit card.

Don’t be afraid to ask questions. Clarify all points before hiring a lawyer.

By: Kevin Stith

Why More And More Personal Injury Attorneys Don’t Want Soft Tissue Cases Anymore

admin — Fri, 25 Jun 2010 08:52:11 +0000

Why more and more personal injury attorneys don’t want soft tissue cases anymore is a much less complicated question than you might think. First of all, these are more and more common due to safer cars, laws regarding seat belts, and yes, due to the freeway congestion. The slow speed makes it increasingly more difficult to meet the g-forces involved normally in a high speed, extreme impact, car accident. High speed, high impact accidents have traditionally been the main source of injury in cases taken by personal injury lawyers on behalf of their clients. In the old days, a personal injury lawyer could call the insurance adjuster and get a size-able check, say $20,000.00 for a low impact, soft tissue rear ender. Not anymore!!

What is a Soft Tissue Case?

There are a lot of things: to soft-tissue damage to joints, ligaments, muscles, and tendons. Many common results include aggravation, swelling, abrasions, discomfort and blemishes. There are about 4 categories:

Strain

A strain is from an injured muscle or tendon. It can come from many things like overuse, striking force, or hyper extending or stretching. If there is a tear in the muscle it could need surgery.

Sprains

Sprains are injuries to ligaments.

Whiplash

Occurs often in car accidents since your head and neck are core stabilizers in your body and usually the last to move or snap. The body moves forward quickly, the neck is stationary, and body is returns with conflicting energy.

Contusions

A contusion, is a “bruise,” is a soft tissue injury from a punch, kick, fall, or drop. Can cause pain, swelling, or discoloration.

But increasingly, insurance companies have launched media campaigns to make it seem like people don’t get hurt anymore in car accidents unless they have broken bones, or it is simply fraud. Nowadays, insurance companies treat virtually every insurance claim as if it was fraud and say that the victim over treated with the chiropractor, or physical therapist, wasn’t hurt that bad, or under treated for his or her particular injuries. “It’s all soft tissue”, etc. You simply can never win when arguing with an insurance adjuster. Your attorney ends up getting a ridiculous offer like $3,000.00 when you really have like $5,000.00 in medical bills.

This forces your attorney to pay a $320.00 filing fee, go to court, and spend tons of money that you will have to pay him back later if you recover. In the meantime the insurance company spends like twice as much paying their lawyers to try and get out of it, than they could have paid. This leads why more and more personal injury attorneys don’t want soft tissue cases anymore. In all events, it has created a vacuum for Los Angeles personal injury lawyers and lawyers in Orange County and other major cities in California. It has created a need for a new breed of injury attorneys. But so far, the risks, are seemingly outweighing the benefits to your injury attorneys.

The big insurance companies are achieving their apparent goal of lawyering Plaintiffs attorneys to death, rather than offering fair settlements for California car accident victims.
Why more and more personal injury attorneys don’t want soft tissue cases anymore is obvious. There simply is no way to make money when your client complains that’s “All I got? . . . Do I still have to pay you your fee?” Yup you guessed it, more and more clients are trying not to pay their lawyers, because they think their cases are worth a lot of money and they simply aren’t unless you are a very good lawyer.

Assuming you have good Los Angeles injury lawyers for example, they will hire a doctor who will focus on you as an individual and your uniqueness and unique injury. You need a doctor who gives a thorough medical report that covers future damages like costs of pain killers. Even then, these cases just aren’t paying like they did in the glory days of the 1980’s.

By: Michael Ehline