When making a personal injury claim, many people wonder what percentage of their
compensation will go to their lawyer. It’s an important question to ask since you want to be clear on the costs and fees involved in pursuing your claim.
Personal Injury Law Blogs
Accident Claims Legal Blog: What is the most common personal injury claim?
Accidents can happen to anyone, anywhere and anytime. Whether it’s on the road, at work, in a public place or even at home, accidents can cause physical and emotional pain, as well as financial losses. Personal injury claims help individuals who have been injured in an accident that was not their fault to recover damages for their losses.
Personal Injury Law Blog: What is the average payout for a personal injury claim?
As personal injury claims become more common, people are increasingly curious about the average payout for a personal injury claim. While it’s difficult to give a specific figure for an average payout, we can look at some of the factors that can influence the amount of compensation you might receive.
What do to after a car accident
Involvement in an automobile accident is a traumatic event. Not only must victims cope with the profound pain and loss resulting from their injury, but often they and their families must navigate through a complex and confusing maze of legal and insurance-related issues. read the full article to get an idea about what happens if you’re in a car accident.
If you have been injured in a car accident, we can help. The following checklist of 10 tips have been compiled over our many years of experience in protecting the interests of injured victims and their families with the help of a car accident lawyer.
1. Notify police.
Report the accident.
2. Notify your insurer of the accident.
To claim statutory accident benefits, you must notify your insurer of your intent within seven days of the accident, or as soon after as is feasible considering your injury, check out these guys for more information.
3. File benefit forms.
Benefit application forms must be filed with the insurer within 30 days of your receiving them. If your injuries prevent you from filing within the requisite 30-day period, you must file the forms as soon as is reasonably possible.
4. Check for other insurance coverage.
Through your work, a private plan or other source.
5. Don’t delay.
Any lawsuit to enforce the payment of benefits must be commenced within two years from the time the insurer refused to pay, click for more info on what to do.
6. Keep copies of all documents that relate to your case.
This includes copies of your insurance policies, repairs, prescription receipts, accident benefit proof of claim forms, doctors’ notes, wage verification forms, T4 slips, etc.
7. Record out of pocket expenses.
Retain receipts for expenses, as they are needed to document your claim.
8. Document any witnesses.
Record the contact information of witnesses to the accident.
9. Document your injuries/medical condition.
Notify your family doctor of your injury and retain all medical information from your treatment team in relation to the accident.
10. Consult a lawyer.
Consult an experienced personal injury lawyer to represent you after an accident – they will help assess whether you have a case suitable for litigation, and the extent of your entitlement to benefits and compensation,
Bogoroch & Associates LLP are committed to helping victims through these difficult times by providing effective, efficient, and compassionate legal representation. If you or a loved one has been injured in a car accident, please contact our personal injury lawyers today. Consultations are free and we would be honored to help you.
To learn more, please download our free brochure on car accident claims.
How to Prepare a Defective Product Liability Case
If you have been injured by a faulty or dangerous product, you should contact an experienced product liability attorney as soon as possible. Preparing a product liability case can be complicated, and it will require the expertise of a Personal Injury Attorney from the start to ensure that all relevant evidence and potential claims are preserved.
Immediate Investigation Is Required
The initial days following an accident are frequently critical in laying the groundwork for a successful product liability action. When someone is injured by a defective or dangerous product, the first priority should be to contact an experienced product liability attorney who will ensure that all evidence is preserved. The product that injures a potential plaintiff must be secured immediately to ensure its later availability, which will be required in proving a product liability claim, and to ensure that its condition will not be changed, which can jeopardize one’s case.
The defective product should be stored in a facility controlled by you and/or your attorney. Unless there is an immediate risk of harm, never dispose of the product that injured you. Before selling or giving the product to any investigator, consult an attorney. Because major manufacturers are immediately aware of product recalls and carefully read newspapers, they may attempt to obtain evidence to deny plaintiffs the ability to pursue claims.
If the product cannot be secured right away, notify everyone, including tow-truck operators, wrecking yards, and police impounds, that they must take every precaution to preserve the product, which is evidence, and that failure to do so will subject them to liability for allowing evidence to be destroyed. When a third party or one of the potential defendants obtains possession of the product, your attorney may file an action for a temporary restraining order and a preliminary injunction to prevent alterations or destructive testing of the product.
Your attorney will want to know the entire history of the product, including the date of the first sale, the identity of the dealer, distributor, subsequent purchasers, lessees, and users. It is critical to locate the instruction booklet, assembly booklet, warranties, and any other written material that came with the new product when it was first sold and distributed.
You may also be asked to assist your attorney in determining whether the product was modified or otherwise changed after it left the manufacturer’s and distributor’s possession, and, if so, the identity of the persons or entities who made the modification, as well as the dates involved.
Experts
An expert’s assistance and testimony is usually required for a successful product liability case. Engineers, safety experts, and medical professionals are common types of experts retained in product liability cases. Finding a qualified expert is usually the most important factor in proving a plaintiff’s case successfully. Expert engineering testimony is frequently required to demonstrate that a design or manufacturing flaw in a product caused the plaintiff’s injuries. In addition to engineering testimony, your attorney may call on the services of psychologists or experts in the field of human factors. This is because a strict engineering approach sometimes fails to consider that a product must be designed not only to work, but also to be safe to use. Based on an understanding of human tendencies and behaviors, a biomechanical analysis can reveal a hidden danger for the unwary user or a practical way to prevent injuries.
While either side in a trial, or even the court, may call on expert testimony, expert witness ethics guidelines should always be followed. In appropriate cases, expert testing of the product at issue, either destructive or nondestructive, may be required to determine whether there is evidence that the product failed or could fail in the way alleged by the plaintiff.
Obtaining Assistance with Your Case
Preparing a product liability case is a difficult task that usually necessitates the use of expert witnesses, medical evidence, and a thorough understanding of negligence law. That is why it is critical to conduct preliminary research before filing a claim. A good first step is to contact a product liability attorney or personal injury lawyer to learn about the strength of your claim and whether you have a need of action.
John Adams is a lifestyle blogger and paralegal who concentrates on healthcare, physical fitness, Personal Injury Law, Art & Design and self-development. He encourages readers to fight for their rights and overcome obstacles holding them back. He believes that every person can improve the quality of his/her life by thinking positively and making better choices.
Express Solicitors Acquire Michael W Halsall Solicitors to Continue Growth Strategy in PI Sector
Top 100 law firm, Express Solicitors has announced that it has acquired Michael W Halsall Solicitors, in Newton-le-Willows.
The acquisition, which is part of Express Solicitors’ ambitious growth plans completed on 31 October 2022.
Managing Partner at Express Solicitors, James Maxey said: “We’re delighted to have acquired such an excellent firm with a long-standing reputation of helping injured people. We look forward to welcoming the talented staff at Michael W Halsall Solicitors on-board and this will assist in our growth. We will continue to operate from their modern premises in Newton-le-Willows. The Directors Ian and Nial have done a fantastic job building up Michael W Halsall Solicitors to the level it is now”.
The acquisition of Michael W Halsall Solicitors further strengthens Express Solicitors’ practice in personal injury law with the addition of 2500 ongoing cases and 37 more staff.
Michael W Halsall Solicitors was established in 1987 and their outgoing Directors confirmed how important it was to find the right successor practice.
Ian Halsall said: “We are very pleased to find a suitable firm to look after our staff, the firm’s heritage and finding the right fit was very important to us. We are pleased to see during our dealings with Express Solicitors that they are committed to client care, staff welfare and progression and wish them every success”.
Maxey said: “An exceptional service will continue for the ex-Michael W Halsall Solicitors, now Express Solicitors’ clients, aided by a smooth integration of our Proclaim case management systems. Both IT departments and legal teams are working closely together to provide a seamless transition”.
Head of RTA at Express Solicitors, Kimberley Kirkby is taking the lead on integration and will be based partly from the Newton-le-Willows office for the foreseeable future.
During the acquisition, Express Solicitors was advised by long term corporate law firm, O’Connors Solicitors, Liverpool; with Michael W Halsall Solicitors being advised by Clarke Wilmott, Manchester.
Leading Top 100 law firm Express Solicitors has continued to grow its caseload and now has over 20,000 cases. Maxey reported that Express Solicitors were delighted to have the continued support of RBS, and keen to look for other suitable acquisitions as they strive to become the Number 1 Claimant Personal Injury firm in the UK.
Types of Evidence to Present in a Personal Injury Case
If you’ve been injured in an accident caused by someone else’s negligence, you can file a personal injury claim against them. However, you will need to gather sufficient evidence to prove that your injuries were caused by the other party’s actions to succeed in your claim.
Various types of evidence can be used to support a personal injury claim, and the best evidence will vary depending on the specific circumstances of each case.
This article discusses some of the different types of evidence that can be used to support a personal injury claim. Read on to learn more.
1. Eyewitness Testimony
If you have any eyewitnesses to the accident, their testimony can be very helpful in proving your case. Eyewitnesses can provide valuable information about what happened, how it happened, and who was at fault.
The best way to get eyewitness testimony is to take down the names and contact information of any witnesses at the accident scene. If possible, you should also try to get a statement from each witness about what they saw.
2. Photographs and Videos
If there are any photographs or videos of the accident, these can be used as evidence to support your claim. Pictures and videos can help to show how the accident happened, who was involved, and what the aftermath looked like.
Therefore, it is always good to take photographs and/or videos of the accident scene, if possible.
If you are involved in a car accident, for example, make sure you take clear photographs of the damage to both vehicles and the exact position of each car. It is also a good idea to take photographs of any injuries you sustained in the accident.
3. Police Reports
If the police were called to the accident scene, their report could be used as evidence in your case. The police report will include information about what happened, who was involved, and any citations that were issued.
4. Medical Records
If you have been injured in the accident, your medical records will be an essential part of the evidence in your case. Your medical records will document the nature and extent of your injuries, as well as the treatment you have received.
Make sure you ask for copies of your medical records, including surgical reports, MRI results, X-ray reports, blood test results, prescriptions, discharge dates, a list of appointment dates, and any other relevant information.
You should also keep copies of receipts showing all costs for the medical treatment you have received. The receipts will make it easy to determine the total amount of your medical expenses.
5. Expert Testimony
If your case goes to trial, you may need to have an expert witness testify on your behalf. An expert witness is a person who has specialized knowledge in a particular area and can provide testimony about the facts of your case.
For example, if you are claiming that you have suffered emotional distress as a result of the accident, you may need to have a mental health expert testify about the symptoms you have experienced and how they have affected your life.
6. Documentation of Losses
If you claim damages for lost wages, property damage, or other losses, you will need to provide documentation to support your claim.
For example, if you are claiming lost wages, you will need to provide documentation such as pay stubs, tax returns, or employer statements. If you are claiming property damage, you will need to provide receipts, estimates, or repair bills.
Take time to gather all the necessary documentation before filing your personal injury claim. This will give you the best chance of success in getting the compensation you deserve.
7. Depositions
Deposition refers to preliminary testimony given by a witness before the trial begins. Depositions are often used in personal injury cases to get information from witnesses who may not be available to testify at the trial.
For example, if a witness is unavailable to testify because they live out of state, their deposition can be read aloud in court so that the jury can still consider their testimony.
8. Interrogatories
Interrogatories are written questions that must be answered under oath by the opposing party in a personal injury case.
For example, if you are suing someone for injuries you sustained in a car accident, you may want to ask them questions about their insurance coverage, whether they were drinking before the accident, or whether they have ever been involved in a car accident before.
9. Admission of Guilt
If you have any evidence that the other party is admitted guilt, this can be used as strong evidence in your case. For example, if the other driver involved in the accident said to you, “I’m sorry, I was distracted and I didn’t see you,” this is an admission of guilt that can be used as evidence in your case.
10. Circumstantial Evidence
Circumstantial evidence is evidence that does not directly prove that the other party is liable but may be used to infer liability. For example, if the other driver involved in the accident was speeding, this is circumstantial evidence that can be used to infer that they were at fault for the accident.
Conclusion
The personal injury legal process can be daunting, especially if you’ve never been through it before. This guide is meant to provide an introduction to the types of evidence typically presented in a personal injury case and what you can expect as the victim of an accident.
Of course, every case is unique, and your attorney will help guide you through the specific evidence that applies to your situation.
Remember that it is always important to be honest with your lawyer; they are there to help you, but they cannot do their job effectively if they don’t have all the information.
So, tell them everything, even if it seems insignificant- it could be crucial to your case.
Top 8 recent personal injury news blog posts from around the world
There are many personal injury news blogs posted online, mostly about the same injury cases or self-promotional ones about how good a firm’s personal injury lawyers are. Here, on the other hand, are some of the more interesting top personal injury news blog posts from around the world recently:-
- Personal injury lawyer Jeremy Diamond found guilty of professional misconduct after admitting to misleading ads
- Trevor Noah sues doctor over ’serious personal injury’ caused by alleged botch surgery
- ‘Rust’ Insurance Policy Shows $1 Million in Personal Injury Protection
- Costly Collisions: A small-town personal injury case sends a powerful message to the trucking industry
- Cyclist files insurance claim against driver 2 days after accident, Singapore police charge cyclist instead
- Man who fell walking from bed to desk wins legal claim for ‘workplace accident’
- Lawsuit claims powerful Polk County officials covered up deadly hit-and-run accident
- How Often are Personal Injury Cases Won?
If you’d like to provide additional personal injury insights, get in touch with us. Only the best personal injury posts sharing great legal information and knowledge will be considered.
4 Great Tips to Follow When Selecting a Van Nuys DUI Attorney
Needing to look for a Van Nuys DUI Attorney is not a position that anyone ever really wants to find themselves in, but it is an unfortunate reality of life. And if you do find yourself in such a position, it is much better to know what you need to do than it is to be stuck in the dark. Read on for some tips and suggestions to follow should you find yourself in such a bind:
Look for Relevant Experience
Although all lawyers are qualified at the State level, different lawyers can have vastly different career experiences, and vastly different areas of expertise, even within the same firm or practice group. It is essential to understand how significant these differences can be when you are attempting to select a DUI attorney like Bob Bratt.
For example, as DUI is a popular enough subcategory of criminal defense law to warrant attorneys who specialize exclusively in the field, you should select a specialist. Although you may find a general practice criminal defense attorney who you know through a friend, the reality of the situation is that a specialist will understand the ins and outs of this particular type of case far better than anyone else, and will thus have the best chance of arguing your case in your favor.
Know Where to Look
In addition to choosing a specialist in DUI cases, it is an excellent decision to select your Van Nuys DUI attorney through someone who you know. DUI happens. Chances are a friend or relative has been involved in such a case, or at least knows someone who has been. Although it can be embarrassing to ask around to friends and relatives in this way, it can give you some serious help, not only in finding a quality attorney, but also in being able to receive the support and guidance of someone who has been through exactly what you are currently going through.
If you’re unable to solicit recommendations from friends and family, an excellent place to look can be the website of your state bar association. Although it typically cannot recommend an attorney, it can provide a list of attorneys in your area and give you some guidance of how to select the best attorney for your case.
Look for Reputation
One of the most important factors in judging whether an attorney will be successful in arguing your case is the type of reputation that he or she has in the community. It is, of course, difficult to assess this directly, but you can make a great proxy for it by looking at Bar Association leadership positions and event attendance. Great attorneys are often prominent in the community and in the local bar.
To find out more of Van Nuys DUI attorney, you can visit at http://casedismissed.us/attorney_profile.htm .
Five medical questions to ask before hiring a medical malpractice lawyer
If you have suffered from negligence that caused you harm, you may be a victim of medical malpractice and entitled to damages. Some examples of medical malpractice are misdiagnosis, delayed diagnosis of cancer and other medical conditions, medical mistakes, surgical errors and prescribing incorrect medication.
However, finding a lawyer to act on your behalf is not easy — it is a highly specialized area of law and the legal issues are complex. Here are five questions to ask a prospective lawyer that will help you decide whether they will be able to understand the intricacies of your case and bring it to trial.
- What is your experience with medical malpractice? Have you gone to trial? Your lawyer should be highly-experienced in medical malpractice litigation with a record of taking medical malpractice cases to trial. Medical malpractice cases go to court more than any other area of personal injury law and you may have a greater chance of success if your lawyer is an experienced medical malpractice litigator. In addition, expert evidence is a requirement of most medical malpractice claims – you’ll need to build a strong foundation for your case by retaining highly qualified and experienced medical experts.
- How do I know if my case is valid and what do I need to demonstrate before the court? You need to show that your doctor or health care provider breached the standard of care and that the breach caused injury or damage. That means showing the care and treatment was below the generally accepted standards of a similarly qualified professional providing the same treatment, and that if you had been treated properly, you would not have had the injury. Experts play a significant role in medical malpractice cases because they set out standards of care for each profession and give evidence about whether those standards were met.
- How much does retaining a medical malpractice lawyer cost? Generally, medical malpractice lawyers operate on a contingency fee basis. This means that there are no fees you need to pay to your lawyers, unless your case is successful. In addition, you might need many expert reports to prove your case, which can be costly. It is best to ensure that you understand who is responsible for these expenses prior to retaining a lawyer. Bogoroch & Associates LLP believes access to justice is of critical importance and therefore we take on medical malpractice cases on a contingency fee basis.
- What will I have to reveal about myself? The burden of proof is on the plaintiff in a medical malpractice case. Records about your health history and well-being are relevant and you may have to share your medical records. In addition, your lawyer — as well as the defence lawyer — will need to ask a significant number of personal questions. If you are alleging loss of income, your tax records or your tax returns or other financial records may be examined.
- How long will the case take? The length of each medical malpractice case varies, depending on the facts of the case. Some of the steps involved in a medical malpractice lawsuit include collecting relevant medical records and investigating the merits of the case, issuing the Statement of Claim, receiving the Statement of Defence, attending an examination for discovery, mediation, and trial. Your lawyers should provide you with an approximate timeline of the milestones in your case, and how they expect you to participate.
At Bogoroch & Associates LLP, our experienced team of Medical Malpractice Lawyers will advocate vigorously on your behalf, and we will seek to obtain the compensation you deserve as a result of medical and/or hospital negligence. If you or a loved one has been the victim of a medical or hospital malpractice, contact our personal injury lawyers today. Consultations are free and we would be honored to help you.
