Can You End Up Owing Money After Your Personal Injury Lawsuit?

You usually do not have to owe money after your personal injury lawsuit. If you succeed, the settlement will include legal fees. If you fail, the lawyer will most likely not charge you.

This should be of great relief to individuals who are considering a personal injury lawsuit but who don't necessarily have much in the way of disposable income. Personal injuries often take a hefty chunk out of one's finances initially, especially if the injury makes an individual unable to work. Medical bills can pile up quickly.

However, legal fees are not something that people considering a personal injury lawsuit in a civil court should have to worry about.

Personal Injury Lawyers' System

Most personal injury lawyers have a system by which they judge whether a lawsuit can be won before they even take it to trial. They will interview you, typically in a free initial consultation, to determine whether or not your personal injury lawsuit can be won. If not, they will apologize, and you are free to seek a second opinion with another personal injury lawyer. However, if they do take on your case, they will work to make sure that you win. You will know that they are doing their utmost when they agree not to charge you unless and until you win the trial.

Do not trust any personal injury lawyer who wants your money before the case is settled! This is not standard, and you will be able to find a legal professional who knows how it's supposed to be done.

If you win a settlement, a lawyer will generally write his own fees into the expected settlement. A personal injury settlement includes any fees incurred that would not have had to be incurred had the personal injury not been sustained. This includes your lawyer's legal fees. If the lawyer does not win the settlement, make sure that he does not charge you anything. Better yet, make sure that your initial agreement stated that he wouldn't charge you if your case lost.

Don't Worry About Legal Fees

While your lost wages and medical bills will likely still be there if you lose the case, and while you will have to continue paying your bills while the case is ongoing, legal fees are not of this nature. Lawyers know that they wouldn't get any business if they didn't present themselves as a free-until-you-win service because their prime clientele are individuals going through hard times. If you have been injured due to someone else's negligence, consider a personal injury today!

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Personal Injury Lawsuits: Step by Step

When you suffer a personal injury as a result of someone elses negligence, you may be entitled to some sort of compensation. To receive this compensation, you will generally file a personal injury lawsuit.

Stages of a Typical Personal Injury Case

First, you will meet with a personal injury lawyer, who will evaluate your case and determine the likelihood of winning any compensation for you. This first meeting, called an initial consultation, is usually free.

You will need to share the details of your accident with the personal injury lawyer. He or she will then assess your case to determine whether you are legally entitled to damages (the legal word for compensation) under your state's personal injury law.

If the lawyer agrees to take your case, he or she will usually do so on a contingency basis. That means you pay no money up front, but the lawyer keeps a percentage of the compensation he or she gets for you from the negligent party that caused your injury.

The lawyer will then draft a complaint, which is the legal term for the papers that are filed with the court to begin a personal injury lawsuit.

Once the complaint is filed, your lawyer and the lawyer for the other party will begin a sometimes lengthy process known as discovery. This is where each side tries to find out as much information as they can about the accident that prompted your lawsuit. This can include asking for your medical records, information from your employer and other relevant information about you. At the same time, your lawyer will ask for information about the party that caused your injury.

As part of discovery, you may be asked by the other side to give a deposition. You will be asked a series of questions by the opposing lawyer. Some of the questions will be about the incident that gave rise to your injury, while others will be about your personal history. Expect to answer questions about any previous injuries or illnesses you have had, as well as your work history and other issues.

After the evidence has been gathered, each side will usually file motions with the court. These can be anything from a request for the court to dismiss the case to merely asking that some evidence be excluded from the trial for various reasons.

After the court has ruled on the motions, the parties may be required by the court to have at least one session with a court-approved mediator to try to settle the case before trial. Regardless of whether you actually meet with a mediator, your lawyer and the defendant's lawyer will undoubtedly be talking periodically throughout the case to see if they can reach a settlement agreement.

Going to Trial in a Personal Injury Lawsuit

If you and the other party fail to settle the case out of court, the court will schedule the case for trial. Because courts are very busy, your trial date could be months away. Once the trial begins, there will usually be a jury that decides whether you are entitled to any compensation and, if so, how much.

If you win the case and are awarded compensation, you then have to collect it. If an insurance company is required to make the payment on behalf of the losing party, you may have to sign many documents before the check is cut. If the compensation is to be paid by an individual, your lawyer may have to pursue seizing that persons bank accounts or garnishing his or her wages if he or she is unable or unwilling to pay up right away.

Many personal injury lawyers agree that it is often better to settle a case before trial than to go through this sort of lengthy process. Thats a decision you and your lawyer will make together.

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What affects a Personal Injury Claim?

Personal injury claims help drivers and passengers receive compensation for injuries they suffer in auto accidents; however, several factors can affect the amount of compensation received and the time it takes to receive it.

Factors Personal Injury Claims Adjusters Will Review

First, note that you can shorten the amount of time to have your claim settled if you contact your auto insurance company as soon as possible after you are in a car accident. Your company will assign you a claims adjuster who will get the claims process moving.

Factors that the claims adjuster will review include:

• The police report (and whether you obtained a copy). The report will provide specific accident-related details, and will list the investigating officer’s name and badge number. It is not uncommon for insurance company claims adjusters to contact investigating police officers to confirm statements that injured parties make on claims.

• Whether or not―and how quickly―you sought medical attention. Visit the emergency room or your physician as soon as possible after an accident.

• Whether or not injuries you suffered post an auto accident were pre-existing. If you had existing injuries or health conditions prior to the accident, ask your physician to take new x-rays or ultrasounds of those injured areas. Comparisons in the pre-accident scans and the post-accident scans can help to show that the accident did in fact cause additional damage to the area.

• DUI/DWI charges and other citations related to the accident.

• Statements that you make to other drivers or passengers after the accident. Keep in mind that although your emotions might be intense following a car accident, you should avoid making promises or statements of blame.

• Witness testimonies.

• Photographs taken of the accident scene.

• Records and documents that validate the number of days and wages you lost due to the accident.

• Personal injury limits written into your car insurance policy.

When to Hire a Personal Injury Attorney

More often than not, it's best to hire a personal injury lawyer. These lawyers have experience dealing with auto insurance companies and auto claims adjusters and can help you properly file your claim as well as increase the amount of money you're reimbursed and decrease the amount of time you spend waiting for compensation.

Several auto accident attorneys have websites that you can access to complete personal injury evaluations free of charge, but also be sure to talk with family members, friends, neighbors, and co-workers who've hired personal injury lawyers in the past.

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In Cleveland, two DePuy ASR lawsuits have been added to the growing number of complaints involving the controversial hip implants. The plaintiffs withdrew from a medical monitoring class action in order to file the personal injury lawsuits, citing recent revision surgeries as the reason for their change of tack.

The men are two of 13 plaintiffs from Indiana and Illinois who filed a class action lawsuit in the U.S. District Court for the Central District of Illinois in November 2010. The complaint sought to cover the costs of medical monitoring rather than win monetary damages for those involved, but none of the plaintiffs had been forced to undergo revision surgery at the time. In their June 12 motion to withdraw from the class action, the pair stated that their hip replacements had since failed, requiring replacements in February of this year. They have now filed their own DePuy hip personal injury lawsuitin Illinois state court.

A similar motion relating to two female plaintiffs was granted last November by Judge David Katz, who is overseeing the coordinated DePuy ASR lawsuits in the U.S. District Court for the Northern District of Ohio as part of a multidistrict litigation (MDL 2197).

More than 10,000 DePuy ASR lawsuits pending

All over the country, state and federal courts are processing in excess of 10,000 DePuy ASR lawsuits. Each lawsuit makes similar allegations about the high-failure rate of the metal-on-metal hipreplacements and their propensity to cause metallosis (metal poisoning) in recipients. The legal drama surrounding the implants grew more intense after DePuy’s parent company Johnson & Johnsonwithdrew the ASR system from the market in August 2010, in what appeared to be a tacit admission of culpability.

The DePuy ASR recall was prompted by research data showing a failure rate of 1 in 8 devices – considerably higher than with traditional implants. Some medical experts have estimated the failure rate to be even higher – perhaps as high as 30% over the course of six years (versus the ten years of life expected from traditional hip implants). By the time the  recall was conducted, around 90,000 patients had been implanted with the system worldwide.

FDA’s approval process implicated in DePuy ASR lawsuits

The FDA’s 510k ‘fast-track’ approval process has been cited in multiple lawsuits. The  process allowed a number of metal-on-metal implants – including the ASR DePuy hip replacement – to be granted swift approval due to a substantial similarity to pre-existing devices. DePuy was allowed to bypass clinical trials which might have demonstrated the high risk of early failure.

In the wake of negative publicity surrounding metal-on-metal implants, the FDA issued new guidelines to physicians demanding that the devices only be used when there is no alternative, and that close attention is paid to recipients. Additionally, the FDA has ordered manufacturers to prove the safety and efficacy of existing systems, and to undergo rigorous clinical trials before releasing any new products.

DePuy ASR lawsuits consolidated in NJ

Earlier this year, more than 600 DePuy ASR lawsuits were consolidated into a multi-county litigation (MCL). The proceedings are being overseen by Judge Brian R. Martinotti in the Superior Court of New Jersey for Bergen County. The first bellwether trial, designed to identify jury decisions and other potential outcomes of the MCL, is scheduled to begin October 21.

The MDL in Ohio is scheduled to hear its first bellwether trial on September 9. The only predictors for both sets of proceedings are the first two DePuy lawsuits heard in state courts. In one, the plaintiff was awarded an $8.3 million jury verdict, but the other case resulted in a defense victory for DePuy. 

To read more, please refer to:

http://injurylawyer-news.com/2013/08/two-medical-monitoring-cases-dropped-favor-personal-injury-depuy-asr-lawsuits/

Write a Winning Demand Letter

The demand letter is the centerpiece of the insurance claim negotiation process. In it, you set out to the insurance company your strongest arguments concerning:

• what your injuries were and are
• why the other person is legally responsible for your injuries
• what your medical treatment was and how much it cost
• what your income loss was
• what other damages you suffered, and
• why you qualify to make a claim against someone else under no-fault automobile insurance, if that applies. (For detailed information about no-fault automobile claims, see How to Win Your Personal Injury Claim, by Joseph L. Matthews (Nolo).)

Your letter should conclude with a demand on the insurance company for a lump sum to settle your entire claim.

What to Emphasize in Your Demand Letter

Before beginning to write your demand letter, review your notes from the days and weeks following the accident to remind yourself of the details -- your pain, discomfort, inconvenience, disruption of life, and medical treatments. (See Take Notes After an Accident or Injury.) Then concentrate on the following elements as you draft your letter.

Liability

Start by describing how the accident happened and why the insured person was at fault. In plain language, briefly describe where you were and what you were doing immediately before the accident, then how the accident occurred.

You should also mention any outside support you have for your theory -- such as a police report, building code section, or eyewitnesses' statements.

Comparative Negligence

In many accidents, there is some question about whether your own carelessness contributed to the accident even though the other person was primarily at fault. Raise this issue in your demand letter by denying that you were at all at fault. (For information about how your own carelessness may affect your insurance claim, and to learn the basic rules of comparative negligence, seeProving Fault in Personal Injury Accidents: General Rules.)

Even if you believe that you might have been partly at fault for the accident, do not admit any fault in your demand letter. Although you must consider your own carelessness in deciding what a fair settlement is, it is not your job to make comparative negligence arguments for the insurance company. If and when an insurance adjuster brings up the subject during settlement negotiations, you can debate the question then.

Your Injuries and Treatment

Describe your injuries and treatments -- and don't be shy. Emphasize your pain, the length and difficulty of your recovery, the negative effects of your injuries on your daily life, and any long-term or permanent injury -- especially if it is disabling or disfiguring, such as permanent stiffness, soreness, or scarring.

Of course, you shouldn't make things up or be overly dramatic. Insurance companies will turn a deaf ear to claims they believe are false. Use appropriate medical terms wherever possible -- for example, "narrowing of disk spacing" rather than "strained back."

Medical Expenses

Include a complete list of each medical provider who treated you and the total amount charged by each.

Lost Income

Make a brief statement of the amount of time you missed from work because of your injuries, and refer to whatever letter you have from your employer verifying your pay and missed time. If you are irregularly or self-employed, explain how you arrived at the total figure for lost income.

Other Losses

If you suffered extra or unusual discomforts, embarrassments, inconvenience, or losses as a result of your injuries, mention them in your demand letter.

Your Settlement Demand Figure

In the last paragraph of your letter, demand a specific sum of money as total compensation for your pain, suffering, lost income, and other losses. Set out a figure that is higher than what you think your claim is actually worth (a general rule is 75% to 100% higher than what you would be satisfied with); this allows you some room to negotiate with the insurance adjuster. (For help determining the settlement demand figure, see Nolo's article How Does an Insurer Value an Injury Claim?)

Attach Supporting Documents

Along with your demand letter, send the insurance company copies of documents, records, letters, bills or other writings supporting the things you describe in your letter. (Keep all originals for your own files.)

Personal Injury Settlements - Is it worth it?

If you're considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering "What is my case really worth?" The answer comes down to "damages" -- figuring out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant's conduct should be punished).

In a personal injury case, money damages are paid to an injured person (the plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). A damage award can be agreed upon after a negotiated settlement -- among the parties, their insurance companies, and their attorneys, for example -- or may be ordered by a judge or jury following a court trial. (To learn more about how insurance companies value a claim after an accident, see Nolo's article How Do Insurers Value an Injury Claim?)

Below you'll find an explanation of the different kinds of damages that are common in many personal injury cases and how a personal injury damages award can be affected by the plaintiff's action (or inaction).

Compensatory Damages in Personal Injury Cases

Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff "whole" again from a monetary standpoint (to the extent that's possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify -- like reimbursement for property damage and medical bills. But it's harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries.

Here's a rundown of the different types of compensatory damages that are common in many personal injury cases.

Medical treatment. A personal injury damages award almost always includes the cost of medical care associated with the accident -- reimbursement for treatment you've already received and compensation for the estimated cost of medical care you'll need in the future because of the accident.

Income. You may be entitled to compensation for the accident's impact on your salary and wages -- not just income you've already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury legalese, a damage award based on future income is characterized as compensation for an accident victim's "loss of earning capacity."

Property loss. If any vehicles, clothing, or other items were damaged as a result of the accident, you'll likely be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost.

Pain and suffering. You may be entitled to get compensation for pain and serious discomfort you suffered during the accident and in its immediate aftermath -- also for any ongoing pain that can be attributed to the accident.

Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury -- including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any "pain and suffering" damage that is awarded to a personal injury plaintiff.

Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive "loss of enjoyment" damages.

Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.

Punitive Damages in Personal Injury Cases

In cases where the defendant's conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages award. Punitive damages stem from a rationale thats quite different from the justification tied to compensatory damages, which is to attempt to "make someone whole."

Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct -- to hit them in the pocketbook -- and to act as a deterrent. Since it isn't unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.

How Plaintiff's Actions (or Inaction) Can Affect a Damages Award

In some cases, an injured person's role in causing an accident -- or their inaction after being injured -- can diminish the amount of damages available in a personal injury case.

Comparative negligence. If you're at fault (even partially) for the accident that caused your injuries, chances are that any damage award will reflect that. That's because most states adhere to a "comparative negligence" standard that links damages to degree of fault in a personal injury case.

Contributory negligence. In the small handful of states that follow the concept of "contributory negligence" for personal injury lawsuits, you may not be able to recover any compensation at all if you're deemed partially to blame for the accident.

After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or "mitigate" the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn't reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damage award might be significantly reduced. (For more information on defense strategies that can counter an injury claim, read Nolo's article Defenses in Personal Injury Cases.)

To see the full article go to nolo.com

Wrongful Death Lawsuits

What is Wrongful Death and What are Some Examples of it?

Wrongful death is when someone dies or passes away as a result of someone else’s negligence or wrong doing. For example, a piece of machinery malfunctions and then someone gets injured and later dies. Or a car wreck happens and a person gets killed. Or an individual is inappropriately prescribed medication and dies as a result.

Who can sue for wrongful death?

The family or more specifically, the next of kin or the surviving spouse, of the deceased loved one can sue for wrongful death.

What is the difference between wrongful death and murder?

Wrongful death can be a murder. If someone kills a loved one, you can definitely sue them for civil damages and that would be a wrongful death suit in itself. You could also sue someone for negligence concerning a wrongful death. So wrongful death can run the gamut from an intentional act to an accidental one caused by
recklessness or negligent action.

How is the amount of damages awarded determined?

It varies according to the circumstances of the case. Courts try to make up for the damage by making the injured party whole and helping that person come back to 100% recovery. Damages can therefore cover anything from:

lost wages
loss of future income
any other monetary losses suffered as result of injury
pain and suffering

What information should I prepare for a wrongful death suit and what should I bring to the attention of an attorney?

In preparing for a wrongful death suit, make sure you have the following information:

the facts and circumstances surrounding the incident
the names of any witnesses
the description of any evidence that remains connected to the scene of the wrongful death

Can I sue for pain and suffering incurred by the person who died?

Yes, but it would depend on the time of the injury and how long that person endured the pain and suffering.

What is the difference between civil and criminal cases that can be brought forward regarding a wrongful death?

A wrongful death in a criminal case would actually be called a murder or manslaughter. In a civil case, a wrongful death is when somebody dies because of the wrongful act or negligence of another. If someone murders a loved one, you can indeed sue that person. The family of Nicole Brown Simpson, for example, sued their daughter’s ex-husband O.J. Simpson for exactly such a situation and received damages for it.

Are punitive damages recoverable in a wrongful death action?

Yes. Punitive damages are recoverable in wrongful death actions when they can be shown to deter wrongful acts from occurring again.

Is there ever a situation where a plaintiff need not consult with an attorney for a wrongful death?

No. This is because the insurance companies that figure in wrongful death cases are businesses. As such, they are set up to be as efficient and economical as possible and will do everything in their power to make sure that they pay you the minimum amount of money allowable.

If you don’t get an attorney and decide to deal with an insurance company on your own, it’s a little like going into court and trying to be your own lawyer: the chances of you succeeding are slim.

To view the full article visit http://www.barrera-lawfirm.com/what-is-wrongful-death-and-what-are-some-examples-of-it/