Three Important Questions to Ask a Prospective Personal Injury Attorney

If you have been involved in a personal injury due to the fault of another party, you may be entitled to receive compensation for your medical treatment expenses by filing a personal injury lawsuit. In fact, you might already be in the process of seeking legal representation from a personal injury lawyer Orange County CA trusts. You will want to schedule a meeting with a prospective lawyer before you retain or hire them to ensure you are obtaining the best possible legal representation. Listed below are some important questions to ask a personal injury lawyer in order to better acquainted with them and their law firm and have a better grasp on how they will handle your case.

 

  1. How many cases have you worked on before that are similar to mine?

An attorney who has not previously worked on a similar case as yours is less equipped and experienced to handle your case effectively. You wouldn’t trust a surgeon to perform a serious operation on you unless the surgeon had performed at least a few similar operations before. Thus, you would not expect a lawyer to obtain the maximum settlement or compensation amount for your case if he hasn’t been previously seasoned with similar types of cases. A lawyer who has worked with clients with similar injuries as yours and similar circumstances pertaining to the method of injury will be better equipped to deal with unexpected issues that will come up. For example, an experienced personal injury attorney will know the best expert witnesses to retain in order to effectively support the argument of your case.

Experience matters when it comes to lawyers dealing with other defense lawyers and/or insurance adjustors. You can expect the insurance adjustor or defense attorneys with whom your lawyer will be communicating to look up your attorney on the internet. An experienced lawyer will intimidate defense lawyers and insurance adjustors to agree to a higher settlement amount for your case.

 

  1. Have any of your personal injury cases every gone to trial? If so, what were the results?

Most personal injury cases will settle out of court between your attorney, yourself, and the insurance company or defense attorney that represents them. The settlement amount is often based off the insurance policy limits of the liable party or parties.

 

However, settling before going to trial can potentially reduce the chances of receiving a larger settlement amount.

Many people do not want to extend their personal injury lawsuits for a long time and attorneys also do not want to incur the large expenses that come along with taking a case to trial. Some attorneys will have no plans whatsoever to take your case to trial and will have an agenda to settle it from the beginning. This should be a warning flag. This type of lawyer may already have a multitude of personal injury cases that will simply be settled in a routine fashion. Many personal injury lawyers make their business this way. This may not be an issue if you have a relatively straightforward case, however, you may need a more seasoned attorney if your case has difficult issues regarding liability or high medical expenses.  For more complex cases where you may have sustained more serious injuries and perhaps multiple parties may be at fault, trial could very well be the optimal route.

Insurance companies won’t easily budge to pay a large amount. When a case settles it does not go to trial and the settlement amount you receive could potentially be a lot less than what you could receive if your case were to be taken to trial and the court were to rule in your favor. Of course, there is always the risk that the court or jury does not rule in your favor during a trial and you receive nothing. You want to hire an attorney that is confident and experienced with taking cases to trial – and winning.

 

  1. If my case does go to trial, will you be the attorney handling it?

By inquiring about the results of past trials that your personal injury lawyer has undertaken, you will be able to better gauge their ability to argue your case in order to sway a judge or jury’s opinion in your favor.

Often times, there are lawyers that specialize in taking cases to trial. Many lawyers never go to trial.  It is important that you know if your personal injury lawyer regularly goes to trial. You want to be informed about who will be going to trial, if your case does not settle in advance. This will provide a realistic understanding of how your case will be handled at each phase (pre-litigation, settlement or trial).

 

bruno nalu attorney at law orange county californiaThanks to our friends and contributors from Bruno Nalu for their insight into personal injury practice.

 

 

Is Crossfit A Safe Option When It Comes To Exercising?

 

 

The beginning of Crossfit

The origins of Crossfit can be traced back to the mid 90’s with the founder, Greg Glassman. Glassman opened a gym and began providing personal training to individuals. As his workload grew he began to train two clients at a time at a reduced rate instead of training a single client at a time. Glassman noted the clients enjoyed exercising together which aided in the inception of the Crossfit community.

 

Crossfit Exercises

Glassman was a firm believer in both body weight exercises and free weight exercises, now commonly practiced at gyms, like the crossfit gym Bethesda MD fitness gurus trust. The idea was to create a sport that would test all aspects of strength and fitness. To accomplish such a lofty goal, a large arsenal of exercises needed to be included; and as the ability of competitors increased, so did the difficulty of the exercises.

 

For the free weight exercises, Crossfit commonly incorporates several different lifts:

  1. Back Squat
  2. Front Squat
  3. Deadlift
  4. Romanian Deadlift/Straight Legged Deadlift
  5. Shoulder Press
  6. Jerk
  7. Push Press
  8. Hang Clean
  9. Power Clean
  10. Clean and Jerk
  11. Snatch

 

Even if one was unfamiliar with all of the lifts above, it can still be inferred that with a name like “Jerk” these motions have the potential to be quite precarious. The Clean and Jerk and the Snatch are Olympic lifts. Weightlifting athletes train for years on end simply to increase their performance and tweak the technique for those two lifts alone. Naturally, these lifts can be intimidating to newcomers and even veterans from other sports.

 

Dangers of Crossfit

 

Assessing only a handful of lifts practiced in Crossfit gyms, the dangers of Crossfit become revealed. Nearly all the lifts mentioned above are trained, in part, to increase performance on the two Olympic lifts. The back squat and front squat are some of the most popular free weight exercises for beginners and veterans alike. However, even these relatively simply lifts can lead to back injuries without the proper weight and form.

When Glassman began Crossfit, he personally could asses the forms of all the clients to ensure safe techniques. However, given the massive growth of Crossfit, specially trained coaches are used in each gym. However, not all coaches are created equal and not all crossfitters are keen to instruction. These two factors along with the cumbersome and complicated lifts – can frequently result in back injuries.

 

Injuries as result of Crossfit?

It is possible that the injury sustained by a client of Crossfit is not the client’s fault. If an individual suspects that the Crossfit gym or staff was responsible for said harm, then that individual should contact a personal injury lawyer to help determine the validity of a possible suit. If a case can be made, the victim could receive money to cover expenses incurred as a result of the injury.

 

crossfit-hardshells-Gaithersburg-marylandThanks to our friends and contributors from Crossfit Hardshells for their insight into crossfit fitness.

Filing Insurance Claims After a Car Accident

 

Enlisting the Help of an Attorney

Personal injury lawyers can help to protect your rights and interpret the intricacies of your legal case throughout the claims process. It may be beneficial to utilize an attorney, like a car accident lawyer Salt Lake City UT trusts, if you have been seriously injured or undergone an immense amount of property damage after a car accident.

 

Proving the Driver Liable

During the claims process, your attorney can support you in gathering the necessary evidence to prove that the driver should be held liable. If you have sustained injuries from a car accident, an attorney can be of great help in gathering all of the necessary evidence for your claim.  A seasoned personal injury attorney will look at the case as a whole to prove that the driver of the other vehicle was responsible. The following is evidence that they may gather:

  • The police report
  • Eyewitness testimony (including the police officer who investigated the accident)
  • Visiting the site of the accident to ensure that all information has been gathered
  • Detailed medical documentation from the injuries you sustained
  • Hospital Bills (which can at times be difficult to acquire)

 

The Insurance Company of the Other Driver

An attorney can be of particular use when it comes to contacting the insurance company of the other party. This can be helpful because the adjuster is working for the person being held liable and, as a result, can be difficult to work with. It is the responsibility of the victim’s attorney to get their client as much compensation as they can, while protecting their interests.

Personal injury attorneys offer free consultations that leave you under no obligation to use their services. However, they can be helpful in reviewing your case, determining whether or not you have a case and filing the personal injury lawsuit.

 

Rasmussen & MinerThank to our friends and contributors from Rasmussen & Miner for their insight into car accident and personal injury cases.

 

What Are Depositions?

A deposition is a testimony given outside of court. All 50 states allow depositions and they are used thoroughly in civil cases during the discovery phase to discover new facts and evidence. Witnesses are usually compelled to testify through a deposition by a properly served subpoena. A deposition is usually taken at the office of one of the attorneys representing one of the parties in the case; it also may occur at by court reporting Trenton NJ trusts or even in the office of an unaffiliated attorney. It could even take place in another state than the actual litigation if circumstances call for that. Thanks to advancements in modern technology, a deposition can be given through a video or live feed while attorneys watch in their respective locations.

 

Types of Depositions

 

  1. Discovery Depositions

A discovery deposition is spoken testimony of a witness under oath recorded by a court reporter for use later. The discovery deposition could be used to determine the credibility of a witness or the strength of their testimony. Prior testimony can also be used to dismiss an individual if their testimony is inconsistent in court. The jury is able to question the credibility of a witness or any inconsistent testimony.

 

  1. Evidence Depositions

A witness who is gravely ill can be allowed to be subpoenaed for an evidence deposition that will preserve their testimony. Often physicians are deponents in personal injury cases and their testimony can be provided in their office, clinic or hospital so that they don’t have to cease operations at their practice. Usually the testimony is recorded and and played for the jury instead of the doctor being present in the courtroom. The doctor usually participates in a discovery deposition before the evidence deposition so the attorneys can see what they would testify in court.

 

  1. Records Depositions

A subpoena for a records deposition can be used to obtain medical and employment records. The records are gathered by the keeper of records and they are then photocopied and sent to the attorneys who requested them, then they are accompanied by a signed certification of a fully compiled set of records with the subpoena.

 

Scope of Discovery Deposition

 

A discovery deposition is supposed to be broad and generally discovery and records depositions are permitted if they’re relevant to a party’s claim or defense. A party is also able to seek a protective order from the court limiting the scope of a discovery deposition in case of alleged abuse of discovery. Cases can depend heavily on discovery depositions and discovery techniques. Often a well prepared case and the discovery phase can preclude the necessity of a trial. Sometimes a case will settle after a discovery deposition, so a good court reporter like  is necessary to document your case. They could help you win.

 

Veritext Legal SolutionsThanks to our friends and contributors from Veritext for their insight into deposition services.

 

How a Car Accident Knee Injury Can Affect Your Relationship

The National Highway Traffic Safety Administration reports that more than 2.6 million vehicle occupants sustain an injury each year in auto accidents. Any serious injury can affect many of the relationships in your life. This is why it’s so important that you seek immediate medical attention and treatment in order that you can get your life back. Sometimes it becomes necessary to hire an attorney to get compensation for your pain, suffering, and medical bills. Here’s some information on the relationship strains that a knee injury can cause you:

 

A Knee Injury May Force Responsibilities on Your Partner

Many people don’t realize how much they rely on the use of their knee joint until they sustain a serious injury to it. Your knee injury could cause you to have to rely on your partner and your family members a lot more than either you or they would like. For example, you probably won’t be able to drive if your injury is in your right knee. Someone will have to take you everywhere you need to go. Walking will be difficult for you as well, so you may not be able to accomplish many of the tasks you normally accomplish on your own. While partners and family members usually don’t mind helping, their patience can run thin after a while. They have their own duties, and they need to take care of themselves. Your mate may start feeling pressure after a while from trying to take care of two people.

 

How an Attorney Can Assist You

A personal injury attorney may be able to help you collect the compensation you deserve because of the knee injury you sustained from the automobile accident. If the other driver or another party is responsible for your injury through their negligence, they may be liable for your accident related costs. Your personal injury attorney can possibly pursue compensatory as well as pain and suffering damages on your behalf. You could have all of your bills paid and receive some type of restitution for what you and your spouse go through in your relationships. A settlement can go a long way toward helping you heal and in turn, have a positive effect on your relationships.

 

Schedule a Consultation

You can get answers to your questions by contacting a personal injury attorney such as the Personal Injury Lawyer Charlottesville VA locals turn to and scheduling a consultation. The attorney can look at your case and let you know if you have a chance to receive a settlement for your injury.

MartinWren P.C. Thanks to authors at Martin Wren P.C. for their insight into Personal Injury Law.

Can Medical Treatment be Received without Health Insurance?

 

Accidents happen when we are least expecting them to. They are never conducive to the lives of the person who sustains the injury. This is why it’s possible to be injured during a time when a victim may not have health insurance in order to pay for the treatment they received. The victim may be awaiting health benefits of a new job to commence or may not be able to afford a health insurance policy. In the event that a victim needs medical attention, they may be wondering if a doctor can refuse to provide them with medical treatment in the absence of.

The answer to this is not always clear. The law of each state is differing in terms of a doctor’s right to turn away patients seeking medical treatment. The complexities of each situation are different, which is why contacting an attorney well versed in medical malpractice attorney can help you to determine if filing a lawsuit is the right decision for you.

 

Doctor’s Right to Refuse

Under the Emergency Medical Treatment and Active Labor Act, all doctors are required by law to see injured patients regardless of their ability to pay for their medical expenses. Because of this, they can not legally deny treatment to someone who has suffered an injury. However, there are various reasons as to why a doctor is within their right to deny treatment to individuals, as a skilled doctor and hair transplant surgeon Manhattan relies on can attest. The most common reasons that a doctor may refuse to provide medical care include:

  • When no illness is present
  • The patient is dangerous, putting themselves and others at risk of harm
  • The patient is addicted to substances and is seeking prescribed medications
  • A medical practice does not have the availability (not accepting new patients or has no appointments available)

You may be entitled to compensation if you were not given the emergency medical attention that you were needed and your injury or illness worsened.

 

Treatment in Emergency Rooms

In an emergency room, patients can be forced to wait long periods of time before they are seen by a doctor. As a result of this, they grow impatient and leave the facility. Patients aren’t actually denied medical treatment per se, but often feel they were when they’re waiting for a doctor in order to be seen. Emergency situations are triaged in order of medical necessity. For example, someone with a more severe injury such as chest pains will be given priority over someone in the emergency room with a broken finger, regardless of who was there first.

 

If you feel that you were recently denied medical care, consulting with an attorney can help to determine next steps. They can help to sort through whether the denial of medical care was within the legal rights of medical personnel or the result of gross negligence.

 

dr doctor robin ungerThanks to our friends and contributors from Dr. Robin Unger for their insight into what good medical practice looks like.

The Differences Between Auto and Truck Accidents (And What They Mean for You in an Accident)

After an automobile accident, you’re probably not automatically thinking about insurance claims or protecting your legal rights. Instead, you are concerned about your well-being. If the accident results in property damage, there may be a certain level of confusion. There are many questions you may ask. Do I need to hire a lawyer? Should I file an insurance claim? Who’s going to pay for my car repairs?

 

The truth is that it can depend on whether the other party was driving a car or commercial truck. Let’s take a closer look at some of the differences between auto and truck accidents:

State and Federal Regulations

It’s important to carefully consider the rules, laws and licensing requirements in your city or state when you are involved in an accident. When it comes to cars, distracted driving, maintaining basic licensure and minimum insurance may factor in your ability to get compensation after an accident. However, for commercial trucks, things can get a bit more complicated.

There are more factors that can play into a truck driver’s liability in an accident, such as who can operate trucks of various sizes. At the federal level, commercial trucks drivers are legally required to keep strict logs regarding maintenance and rest schedules. If a truck driver violates one of these rules, it can lead to huge shifts in liability.

Who Pays the Settlement?

The person who pays the settlement also creates big differences in an auto or truck accident.  For regular motor vehicles, there may be minimum insurance standards that might not meet the damage suffered because of the crash.  Truck drivers are required to carry larger policy limits, but commercial vehicles also cause more damage. While the driver of a commercial truck may have a personal insurance policy, he or she is operating the vehicle on behalf of a company. This might make it confusing as to who is responsible for paying for the damages. Typically,  drivers of trucks are employees of a company and the company is legally responsible for the damages.

Disproportionate Representation

In an auto accident, you will likely just have to exchange insurance information with the other driver and hire a personal injury lawyer, like a lawyer Fort Collins CO can count on. If you are hit by a commercial vehicle, you will be up against a larger team. Trucks often have larger insurance companies and more resources.

A car driver is likely on his or her own to build a case against a truck company and its lawyers.

You Have Options

Whether you are involved in an auto or truck accident, recognize that you do have the right to hire a lawyer.  He or she may help you obtain the compensation you deserve.

Cannon Hadfield Stieben & Doutt, LLC.Thanks to our friends and contributors from Cannon, Hadfield, Stieben & Doutt for their insight into auto and truck accident cases.

Who Can I Sue for Wrongful Death?

Wrongful deaths happen all too frequently, and it can happen to one of your loved ones as well. Though we want our family members to live a long and happy life, the tragedy is that it doesn’t always work out that way. It’s even more tragic when the death was avoidable. If you have lost a loved one because someone was negligent, you may have grounds for a lawsuit. Compensation from a lawsuit will never make up for your loss, but it can pay for the medical costs and other damages that you should not have to cover yourself.

 

What Is Considered a Wrongful Death?

 

Though they may vary by jurisdiction, there are laws regarding wrongful deaths in each state. The legal process can be complex and confusing in this area. Apersonal injury lawyer Phoenix AZ relies on can provide the guidance you need. Most wrongful death attorneys will provide a victim’s family with a free case review. That review can be invaluable as you make the important decision of whether or not to pursue justice.

 

Proving Negligence

 

To satisfy a wrongful death suit, you as the plaintiff and your attorney must be able to prove several things.

 

  • Someone died who was your significant other, dependent child, or a parent on whom you were financially dependent.
  • The death of your loved one is a direct result of someone’s negligence or their intention to harm someone. An example is someone who chose to drive drunk and caused a deadly accident which killed your family member.
  • You as the surviving family member must be financially impacted as a result of their death.

 

Common Types of Wrongful Death Cases

 

Some of the most common causes of wrongful death include the following.

 

  • Criminal behavior such as murder
  • Medical malpractice that results in the patient’s death
  • Plane accident caused by negligence, such as an intoxicated pilot.
  • Automobile accident caused by negligence, such as an enraged driver who intentionally ran over your loved one.
  • Public transportation accident, such as one caused by a mechanic who neglected to fix the vehicle that crashed and killed the occupants.
  • Occupational accidents caused by a known hazard that should have been addressed and mitigated but were not.

 

Who Can I Sue?

 

The person you sue as a result of a wrongful death is the person responsible either directly or indirectly for the loss of your loved one. Ultimately, though the negligent person or persons may be found responsible for the wrongful death, it will probably not ease the pain of losing someone you love. However, in addition to your loss you may be saddled with an enormous debt as result due to medical costs and loss of income. To discover if you have grounds for a wrongful death suit, talk to an attorney about your case as soon as possible.

Thanks to our authors at Lorona Mead for their insight into Personal Injury Law.

What Happens if My Accident Injuries Don’t Appear Immediately?

In the immediate aftermath of an accident, an individual may be in shock and it can be difficult to assess what has happened. Instead of worrying about their knee pain or inability to turn their head properly, an accident victim may be more worried about the other driver or calling the police for help. So what exactly should a person do if injury symptoms take hours or days to appear?

Document Everything

One of the most important things that a person can do after a car accident is to document everything that happens in the aftermath. This means taking picture of the crash scene, getting a copy of a police report, and making an initial call to the insurance company. It may also be a good idea to make an appointment to see a doctor or visit an emergency room after the accident occurs.

This could make it easier to prove that you were in an accident and that your injuries were a direct result. In the days after the accident, make sure to document any pain, soreness, or other symptoms that you experience, such as knee pain or pinched nerves in your back or neck. As soon as you experience these or other symptoms, go back to the doctor, like a knee pain doctor in PG County MD, for further treatment.

Talk With An Attorney

As a general rule, it is not a good idea to settle a case before talking to a personal injury attorney. Once a settlement has been reached, an injured victim may not be able to seek additional compensation even if new symptoms emerge. An attorney may be able to help an individual learn more about statutes of limitation that might apply in a personal injury case.

Typically, you have up to three years from the date of the accident to file a lawsuit, but that timeline may be different based on the entity facing legal action. However, it may still be possible to settle a case outside of court even a suit is filed. It is also important to point out that the case doesn’t need to be resolved in three years, which means that there is plenty of time to resolve the matter in a satisfactory manner.

See a Specialist If Pain Intensifies

If your pain intensifies after an accident, it may be a good idea to seek the help of a medical specialist. Seeing a doctor for knee pain may make it easier to pinpoint the source of the pain and make a plan to eliminate or manage the symptoms. In some cases, it may be possible to resolve the issue through rest or putting ice packs on the impacted area. This strategy may also help with back, neck or other areas of discomfort caused by an accident.

It is important to be on the watch for the signs and symptoms of both physical and mental trauma after an accident. While you may feel fine initially, you could have whiplash, internal bleeding or a knee injury and just not know it yet. Ideally, you will see a doctor, talk to a car accident lawyer and wait several days or weeks before deciding how you want to handle the legal process.

Pain & Arthritis Relief CenterA special thanks to our authors at Pain and Arthritis Relief Center for their insight into injuries that don’t immediately appear after an accident.

Who pays a settlement? | Brooklyn Injury Lawyer

When concerning personal injury lawsuits there are sometimes so many parties involved, payment can possibly come from many different sources. Lawsuits may involve individuals, companies, and/or insurance companies. However, when the case settles, who will be paying out? This answer weighs heavily on all of those sources as well. If you are involved in a personal injury incident and are not at fault, if the other person is insured, their insurance company will more than likely being the ones paying out the funds for the expenses you’ve accrued.

Regardless of what end of fault you may fall on, it is very important to have insurance coverage. There is liability coverage for homeowners, motor vehicle owners, and businesses. What liability insurance does is protect these homeowners, motor vehicle owners, and businesses in the event that they are at fault for any accident or harm to another person on their property or due to any form of negligence that they may have caused.

Financial obligations are already responsibilities we cannot live without, however, if you are a victim of an accident it is not fair to have additional burdens placed on you due to another person’s negligence. There is also personal liability protection included in policies that is there to protect the defendant, but it is also to ensure the plaintiff does not suffer for injuries and pain due to an incident they did not cause.

After such incident, it is best to hire an attorney, like a personal injury attorney Atlanta GA relies on, to assist with filing your claim with the defendant’s insurance company. Whichever type that may be. There have been several instances where the defendant’s insurance company will offer a settlement to avoid litigation. And just because a settlement has been offered, does not mean that offer has to be accepted. Hire an attorney that will also fight for a settlement, or pay out, worth your injuries and suffering. To avoid the hassle of litigation there may also be negotiations after the investigations are completed. This is more than likely to be expected. Negotiations might go back and forth after the insurance company completes their investigation into the accident.

The insurance company could also deny or dispute the claim. When a settlement is refused, your attorney would have to file a lawsuit against the negligent party and their insurance company.

Insurance companies also have policy limits on their policies. The maximum policy limit will determine the payout in your lawsuit. If you are injured in a motor vehicle accident and your lawsuit or settlement happens to be, for example, $50,000, if the insurance liability coverage is $50, 000 or more your settlement will be paid out. If the policy limit happens to be less than what is owed to you based on your case, your attorney will be required to pursue the assets of the defendant. Be sure to work with an attorney that will understand this possibility, and know to research the defendant’s assets before filing a lawsuit to ensure that you will receive everything that is owed to you.

Andrew R. Lynch, P.C.Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into who pays a settlement and personal injury practice.