Personal injuries affect many parts of one’s life. They may make it impossible to work, which can deprive those who are injured of the ability to pay the bills and support their families. The can also take away from enjoyable activities; skiing, for example, may be impossible due to an injury. Sometimes, they cause a tremendous amount of pain that can be difficult to handle. Further, injuries may lead to large medical bills.
Sometimes, injuries happen because of some else’s negligence. Unsafe spaces are a common source of injury. Automobile crashes that are caused from inattentiveness can lead to injuries, and some workplaces fail to have properly safety measures in place to prevent injuries. Injuries also occasionally result from an intentional act.
Various state and federal statutes are crafted to give injured people access to legal recourse. If an injury was caused by someone else, the laws often dictate that they are responsible for paying medical bills in addition to money to make up for pain and suffering. While money cannot make up for the inability to participate in activities or the pain and suffering that must be endured, they can make it easier to recover and try to resume a normal life.
These laws, however, are complex. Interpreting what a particular statute means requires training and experience, and it is easy for a layperson to misunderstand exactly what these laws say. Part of the job of personal injury lawyers is to help victims work through exactly what the law says. The legal system also poses a large barrier; just filing paperwork properly requires expertise. Personal injury lawyers are necessary to proceed appropriately.
Another major role of an attorney is to help determine the proper course of action. Personal injury lawyers often have a tremendous amount of experience in these cases, and their expertise can help a victim decide on the right course of action. Often, there are several routes to seek remedies after an injury, and lawyers can help victims determine the right one.
Personal injury lawyers also give patients a valuable ally in the fight to get back what they deserve. Dealing with the legal system can be confusing, impersonal and even frightening. Having an experienced attorney helps victims navigate this maze without feeling overwhelmed. By seeking out and hiring an experienced legal expert, victims can navigate through the legal stages knowing that have a great ally on their team.
Hiring lawyer who understands the tort of medical malpractice is essential. A good personal injury lawyer will have a specialization or two in which he or she has experienced success. To find a good medical malpractice lawyer, there are a few topics you can discuss during an initial meeting with a medical malpractice lawyer.
1. Past Successes
First, you can ask a medical malpractice lawyer about his or her past successes in court. Ask a lawyer about the exact number of medical malpractice cases that he or she has successfully negotiated. Be sure to obtain a specific number from the lawyer. Some lawyers will try to evade the question and simply say that they have handled “many” medical malpractice cases. Be sure to ask the lawyer about the specific successes that he or she has experienced in bringing cases to court or negotiating lump sum settlements.
2. Get The Figures
After getting a feel for the amount of experience that a medical malpractice attorney has, the next step is to figure out the exact figures in the cases that the lawyer has worked on. Ask a lawyer about the typical settlement that he or she obtains in a negligence case. You want to work with a lawyer who is able to successfully negotiate high sums of cash in deals outside of the court room. You should also ask an attorney for information on the amounts that he or she has been able to obtain in court. The amount that a lawyer received in structured settlements will reveal that lawyer’s ability to persuade a jury or prove the necessary elements of medical malpractice in front of a judge.
Ask the lawyer what his or her policy on communication is. Some lawyers will charge clients for a simple phone call or email to the office. You want to make sure that you know what the policy is before contacting your lawyer. You may be surprised to find out that you are being charged hundreds of dollars for phone calls to your attorney if you fail to ask this question.
Fees are the other most important topic you can discuss with your personal injury lawyer in an initial consultation meeting. Be sure to ask a lawyer how he or she plans to charge you for the case. Some lawyers will only operate based on contingency fees, while other lawyers will charge you on an hourly basis. If a lawyer plans on taking a contingency fee, be aware that the amount could be a significant portion of the funds you ultimately recover from an insurance company. On the other hand, hourly fees can quickly add up to be thousands of dollars.
Ask a lawyer what his or her expected time frame for handling the case is. Some lawyers may attempt to drag out the case and charge you hourly fees, while other lawyers will try to handle your case in the most efficient manner possible.
These are some important topics to discuss with your attorney during your first meeting. By asking these questions, you will be able to find an attorney who is qualified to handle your case.
When you have lost a loved one due to the negligence of another person, then you may be entitled to receive compensation. A personal injury lawyer can help you recover funds in a variety of wrongful death claims. A personal injury lawyer can also review your case during an initial consultation and determine whether you have a wrongful death claim.
Many clients are not aware that their case could be considered a negligence case. When a loved one has died due to nursing home abuse or neglect, then this is one common type of negligence claim that may be filed. Nursing home abuse cases occur when the staff or leaders at a nursing home care facility are physically hitting or saying emotionally hurtful things toward the victim. A family may see evidence of nursing home abuse by viewing scars, bruises, or a visibly shaken demeanor during their visits to a loved one.
When pursuing a nursing home abuse claim, family members can be proactive. One way to gather evidence of the abuse that is occurring is by visiting the nursing home at unannounced times. By visiting at odd times, a nursing home staff may not be expecting you and may be already engaging in the abuse. You might catch the staff members in the act of saying hurtful things to your loved one or physically abusing them. The next action you can take to pursue your wrongful death claim is to take photographs of the person and surrounding area. Taking photographs of the unsanitary conditions in which your loved one is living can show that a hospital is not meeting its standard of care owed to the patients. You can take photos of the bruises, cuts or injured limbs on your loved one. These photographs will be used as evidence in your court as a lawyer tries to settle your case.
Medical malpractice is another common form of negligence that often results in the wrongful death of a loved one. In a medical malpractice case, a doctor may have performed the wrong surgery upon the victim and caused his or her death. A doctor may have forgotten to prescribe an important medication for a patient. The doctor may have allowed the patient to live in an unclean hotel room that was affected by germs. Nursing staff can also be responsible for the death of a patient. Perhaps a nursing staff member did not sanitize the needles that he or she was using when injecting a loved one with medication. Maybe the loved one caught a terminal illness, such as HIV, as a result of the unclean needle.
If you believe that your loved one may have died due to the negligence of a hospital staff or nursing home facility staff, then you may want to meet with an attorney to discuss your options. Not every case has to go to court, and a lawyer may be able to settle the case outside of the court room for a considerable sum of money.
Personal injury lawyers can help settle a variety of negligence claims, including birth injury claims. They can immediately begin working on a case in which a newborn baby has been injured due to the medical malpractice of a doctor or hospital staff member.
Having a baby is supposed to be one of the most joyful times in a mother’s life. A mother has eagerly anticipated the birth of a child for months, and she should feel at ease after a child has been born. For thousands of parents, they do not feel this joy after the birth of a child due to an injury caused to their child during the birthing process. Personal injury lawyers can help parents achieve justice for their child in filing a negligence claim against a careless doctor or nurse. When a child is injured during a delivery, parents can be left feeling vulnerable, helpless or angry. Parents are typically right to feel angry toward a doctor or hospital staff, and they can deal with these feelings by pursuing negligence claims against the doctors and other medical professionals.
While performing a delivery, a doctor owes a duty of care to the mother and child. The role of a personal injury lawyer is to show a court the ways in which a doctor failed to meet this duty of care. The doctor should use the industry standard of care in delivering the baby, and a personal injury lawyer will show how a doctor faltered from this industry standard of care. This means that a doctor’s behavior in delivering the child must match what other doctors do in delivering babies.
A doctor can fail to meet this duty of care in several ways. The doctor may not carefully clean prongs and other delivery utensils in pulling a baby through the birthing canal. A personal injury lawyer can use expert testimony to establish that a doctor did not use proper medical procedure during a delivery process. Tools that are not clean can cause infection in the mother and child. A lawyer may also prove that other unclean conditions existed at the time in which a child was born and contributed to his or her illness. In the worst scenarios, a mother may be placed in a room with soiled sheets or contaminated food. These unsanitary conditions can directly lead to bacterial infections for the mother and her baby.
A doctor may also fail in meeting his or her duty of care by carelessly delivering a child. A doctor may have been too rough in handling the birth of a child. The doctor’s rough treatment of the child may have contributed to a closed head injury within the child. A personal injury lawyer can prove this treatment occurred by photographs immediately taken after the delivery of a child. A closed head injury may not manifest itself in the child until weeks, months or years after the delivery of the child. Some of the common effects of a closed head injury are cerebral palsy, facial paralysis, and caput succedaneum. Caput succedaneum refers to a birth injury that occurs in newborn babies who are only a few weeks old. A newborn baby will have large bruises and swelling on the forehead. Cerebral palsy is a condition that causes mental issues within a child. A child may suffer from twitching or the inability to comprehend language.
The mother is also at risk for suffering from the hands of a negligent doctor. A mother may suffer from vaginal injuries due to the carelessness of a doctor. A mother may also suffer from extensive scarring after a C-section procedure. Internal bleeding is another condition that mothers may suffer. A personal injury lawyer will help a mother or her baby obtain the damages that will cover the cost of treating these conditions. If doctors failed to respond immediately to the internal bleeding that a new mother was suffering from, then she may have suffered from a lack of oxygen and may have become physically disabled as a result.
Negligence lawyers can study your medical malpractice case to determine the appropriate course of action. When one’s world seems hopeless in pursuing a birth injury claim, a lawyer can help bring some guidance.
When you decide to hire a lawyer for your negligence claim, the decision is a personal one. You have decided to forgo the initial offer of an insurance adjuster or other party because you feel you have been wronged. You feel like you deserve more than the initial offer that was given. A lawyer can help you obtain the damages that you feel you deserve in your personal injury case.
The trauma that a medical malpractice case brings in the lives of victims can be painful and deprive a person of his or her enjoyment of life. The right personal injury lawyer will approach your case with compassion and a willingness to understand your grief. He or she will also act as a professional and get in touch with all parties involved in the matter. This can save you from plenty of headaches throughout your case. After a surgery gone wrong, a professional may no longer be able to return to his or her job. A painter may no longer be able to paint portraits due to a surgical error on his or her hand. A musician may no longer be able to play an instrument, and a construction worker may no longer be able to lift heavy objects. In these scenarios, a professional has every right to pursue compensation for the lost wages he or she has suffered as a result of a surgical error.
Family members can also obtain their rightful compensation by filing for loss of consortium. A loss of consortium claim is filed by family members who have been deprived of the companionship they once enjoyed with a loved one. Just think about the consequences that the negligence of a third party can have on the family unit. A child may lose his or her father in a car accident or construction accident. Forever, that child is deprived of the ability to get to know his or her father. The child will never be able to enjoy attending a ball-game with his or her father due to the negligence of an employer or careless person. The purpose of loss of consortium is to provide a sum of money for the person who has lost the companionship with his or her loved one. Loss of consortium allows a person to attempt to quantify the value of the relationship that he or she once had with the victim.
A lawyer can help you decide whether you should pursue a loss of consortium claim after a loved one has died. In a controversial case, a company may be willing to settle a loss of consortium claim for a large sum of money outside of the court room. Your lawyer can help get a feel for the likelihood of success in pursuing this claim in court or outside of the court room.
The right personal injury lawyer will carefully consider your case and make sure all parties stay informed about updates in the case. He or she is an advocate who will act diligently in obtaining results for your case.
A simple slip and fall case can cause your business to pay millions of dollars to your most loyal customer. Perhaps a parent was not watching his or her child as the child banged his or her head onto the side of a pool. Now the parent is attempting to file a claim for millions of dollars from your hotel in a premises liability action. Premises liability cases are very common. A business can take steps to protect itself from premises liability claims by forming a close relationship with a personal injury lawyer. Hiring a personal injury lawyer prior to the filing of a premises liability claim is a smart move for any business person.
The odds of a business being sued for some type of negligence are quite high. The unfortunate reality for businesses is that they often face lawsuits from their most loyal customers. They may face lawsuits that are frivolous in nature and completely unfounded. A personal injury lawyer can help a business anticipate the types of lawsuits it may face and help a business to protect itself. A personal injury lawyer can even do a walkthrough of the premises of a business and determine different areas that are will pose risks to customers.
Get a head start in protecting your business by working with a personal injury lawyer. A personal injury lawyer may also be able to work with you and create a package deal that is filled with services for your business. Your business may be able to pay one monthly fee for the services of an attorney. An attorney may be able to handle all claims that are filed against your business for this fee amount. An attorney may also be able to provide your business with other services, such as demand letters or the creation of non-comp agreements.
There are a few types of premises liability claims that your business should be aware of. First, there is the typical swimming pool accident claim. These claims are often filed after children hurt themselves in a pool. In other cases, the lifeguard on duty may not be fulfilling his or her role in watching a pool area. A child then becomes injured or drowns, and the business is left liable for the resulting injury or death of the child. A personal injury lawyer can help defend your business in a pool accident action.
Another type of claim arises when a person files a claim alleging security negligence against a business. This type of claim is usually filed when a fight breaks out at a bar or nightclub. The fight may have been the result of one party’s provocation, however, and may not be reflective of the lack of security in a business’s atmosphere. Slip and fall claims are other common claims that are filed against businesses. Your business can protect itself from these claims by making a conscious effort to clean all spills in an area and holding employees accountable for keeping areas clean.