Personal Injury Law Blogs

Why You Shouldn’t Exaggerate Your Injuries

After an automobile collision, the injured parties will normally seek recovery against the at-fault party. It is possible for accident victims to suffer paralysis, nerve damage, and disfigurement that inhibits their ability to work and causes long-term pain. Some parties with relatively minor or even no injuries believe that inflating the claims can result in a large award of free money. The law seeks to make plaintiffs whole; it does not attempt to provide a lavish lifestyle for any injured party. When making a claim against an insured party or any party in court, the injured party must ensure that it truthfully represents the amount of damages. Misrepresenting the extent of an injury can have several serious consequences.

Credibility

At an absolute minimum, a false claim will undermine the claimant’s credibility. A claimant who exaggerates the extent of an injury, for instance, makes a back injuries workers compensation claim, or who combines a false claim with a legitimate claim in order to inflate the damages, may inhibit recovery for the legitimate claim. The original party, the insurance company, and the jury will all view the entire claim as false. In many cases of personal injury, the plaintiff will be forced to testify as to pain, limited mobility, and any other physical problems that they have. If all of this testimony is viewed as suspect, it may be nearly impossible for the plaintiff to recover.

A plaintiff who testifies that they suffered from a back injury may be telling the truth, but if the plaintiff is shown to be lying about a back injury, the plaintiff will have little credibility. This assumes that the plaintiff pursues the case in the first place. In most circumstances, diminished credibility will be the least of the plaintiff’s issues.

Fraud

The criminal justice system in the United States thrives on plea bargains. Defense attorneys who represent defendants facing prosecutors with strong evidence are often forced to plead down the charges for their clients rather than face a hopeless trial. Most criminal cases never proceed to trial, as defendants agree to plead. This is due to relatively long statutory sentences and a variety of lesser offenses that most defendants did not even know existed being added to the charges. In a fraud case, the prosecution has a wide array of tools at their disposal.

Fraud generally occurs where the defendant deceives another for personal gain. There are related statutes for less important matters, such as larceny by trick. In the case of a malingering accident victim, the charges can be more serious. An act of insurance fraud occurs when a defendant commits a fraud against an insurance company. In most cases, an accident victim will be making a claim against an insured party. When the insurer investigates the claim, the insurer may discover that the claimant is either not injured or is exaggerating the severity of the injury. In these cases, the insurer may file a police report, and charges may be filed.

Insurance fraud is a felony with different penalties depending upon the jurisdiction. Unfortunately for the claimant, it may be one of many felonies committed by a malingering party. Wire fraud and mail fraud can easily occur if a claimant uses electronic communications or the mail system to commit fraud. Plaintiffs who attempt to convince others to lie on their behalf, such as doctors or family members, may commit an act of conspiracy to commit any of these crimes. Each crime is a felony, and conspiracy to commit any of these crimes is also a felony. In some cases, proving a conspiracy to commit the offense may be easier than proving the offense itself.

Perjury

Deception under oath is another matter. Plaintiffs who submit documents to the court usually swear under penalty of perjury that the entirety of the document is true to the best of their knowledge. Plaintiffs may also testify under oath. Whether the deception comes through a false affidavit or a blatant lie while under oath, a false claimant may commit perjury if he or she lies about a material matter in the case. The plaintiff must have the intent to lie to commit an act of perjury.

As with the conspiracy charges discussed above, it is possible for a defendant who convinces another person to commit perjury to be held criminally liable. Subornation of perjury is a separate offense with which the claimant may be charged.

There are other reasons why plaintiffs should not malinger. Individuals who have similar injuries to those falsely claimed may be dissuaded from filing claims or be viewed suspiciously by the legal system. Additionally, false claimants and their attorneys may be cited for filing frivolous claims. Plaintiffs who fail to represent their injuries in a claim honestly may find themselves worrying about more than just medical bills. 

Georgina Clatworthy is a legal writer who regularly posts on topics of law and consumer issues. She contributes this article on behalf of The Perecman Firm, P.L.L.C who handle cases such as back injuries workers compensation and other personal injury claims. Those who are injured due to someone else’s negligence should seek professional legal advice so they can fully understand the nature of their case and the amount of damages they can legally seek to claim.

Making Accident Claims – A Necessity For All

Accidents are terrible from every point of view this is why, when you have been involved in such an incident you will need the help and support of an injury claims solicitor. Deciding to stand up for your rights is clearly not an easy choice however, you should know that this is the only way that you will receive the compensation that you deserve. Making accident claims is a process that has to be taken seriously because only this way will you manage to prove your innocence and receive the financial aid that will help you put your life back on track.

When you have been involved in an accident you need to make sure that you get the right medical help. Without a proper examination you risk jeopardizing your health and creating even more medical problems. The medical report that the specialist will draft is going to be very useful in filing the accident claims. Also, don’t forget to call the police and ask them for their assistance. They will register all the details of the incident, take photos and even talk with the potential eyewitnesses for testimonies. The report that they will put together is going to be very useful and will help you prove your case in court.

Such evidence though is going to help you only when you have the right accident claims solicitor by your side. Therefore, you will have to ask friends and family members for references and see whether you can find someone to represent you. Such help is necessary as the legal issues that you will encounter will need to be solved by an expert in this part of the law. The experience and the knowledge that accident claims solicitors have are the only thing that can help you at this point. Trying to solve this issue on your own is definitely not an answer to your problem. There are legal intricacies and laws that have to be respected so, if you are not aware of them you risk losing your compensation.

It is very important to make accident claims when you have been involved in an incident that was not your fault. Clearly, there are many reasons why you should take this option into consideration and one of the most important of all is the fact that this compensation will help you with the medical bills. Putting your life back on track might just prove to be more complicated than you first through this is precisely why you have to make sure that you have an expert in your corner.

You need to be aware of the fact that you might not even reach the court as the other party might propose a settlement arrangement. This way you will be able to negotiate the amount of money that you will receive as compensation for your accident claims. When you cannot negotiate or you don’t agree with the sum of money they offer then you can simply choose to take the case to court and let them decide what amount of money you will be granted. Either way the help of an accident solicitor is going to be extremely useful.

What is the Body Worth: Looking at Injury Charts

The practice of assigning monetary values to various parts of the body is an essential part of employment law. Insurance companies and government agencies use these figures thousands of times per day to complete a variety of essential calculations. Without a standardized system for quantifying losses of limbs, eyes, ears and various other organs, the practices and protocols that encourage the orderly dispensation of workers’ compensation and permanent partial disability payments would collapse.

 

Permanent partial disability describes a condition in which an individual becomes unable to use part of his or her body on a permanent basis. It may entail the physical loss of some or all of a certain body part, the functional loss of a certain body part, or the functional loss of the use of the entire body through paralysis or head injury.

 

Since the body is comprised of dozens of different parts that interact with one another in a complex fashion, the vast majority of state labor departments and insurance companies use a standardized “schedule” to calculate losses. Known as the Permanent Partial Disability Schedule, this tool describes the monetary value of a given body part in terms of the number of weeks of workers’ compensation payments to which workers who suffer its loss are entitled.

 

For instance, a worker who loses the use of his entire thumb is entitled to 76 weeks of workers’ compensation payments. Larger and more important body parts tend to confer longer payment periods. Whereas the total loss of a pinky toe confers 13 weeks of workers’ compensation benefits, a large toe is worth 38 weeks. Likewise, redundant injuries that cause more serious problems tend to be worth substantially more than non-redundant injuries. Whereas a worker who loses a single testicle is entitled to just 54 weeks of benefits, a worker who loses both testicles simultaneously is entitled to 162 weeks of benefits due to the injury’s implications for his capacity to procreate.

 

The Permanent Partial Disability schedule is expressed as either a body diagram or a textual table. In either case, it provides the basic framework for calculating the dollar value of scheduled injuries.

 

Arriving at this value is relatively straightforward. Assuming a benchmark workers’ compensation rate of 60 percent of pre-injury income, the value of a total loss of a scheduled body part is the product of the workers’ compensation rate and the number of payment weeks specified by the schedule.

 

For instance, a worker who earned a pre-injury wage of $1,000 per week would be entitled to a workers’ compensation rate of $600 and a payment period of 76. Accordingly, the total loss of her thumb would entitle her to a wage-loss benefit of $45,600. In cases of non-total losses in which functionality is impaired but not destroyed, these calculations can be prorated. Had she suffered a mere 20 percent loss of functionality in her thumb, this same worker would be entitled to 15.2 weeks of workers’ compensation benefits worth $9,120.

 

The federal government plays no role in decisions pertaining to workers’ compensation. Each state labor department administers its own workers’ compensation program and adheres to one of four main loss-calculation methods for non-scheduled losses. These are known as “impairment-based,” “wage-loss,” “loss-of-earning-capacity,” and “bifurcated.”

 

The “impairment-based” approach attempts to calculate the value of a non-scheduled spinal or head injury according to the degree of medical care and living assistance that the worker who sustained it is likely to require in the future. It may also take into account his or her future ability to work. Unsurprisingly, this approach leaves ample room for disagreement.

 

The “wage-loss” and “loss-of-earning-capacity” approaches attempt to calculate the impact of an unscheduled injury on the injured worker’s current and future wages. The former calculates the actual amount that the injured worker stands to lose as a result of her diminished capacity to work while the latter projects her post-injury lifetime earning capacity.

 

Both the “wage-loss” and “loss-of-earning-capacity” methods also leave substantial room for error. In fact, the fallibility of calculations of non-scheduled injuries underscores the importance of the Permanent Partial Disability Schedule. Without it, workers’ compensation law would be far more chaotic.

 

Byline

This article was composed by Eric Stratton, Chairman of Rush Industries, for the team at social care jobs.

Why Seek Just Compensation after a Motorcycle Accident?

It’s always the outcry of every accident victim to be compensated for the injuries that they have incurred, and this is quite serious for some whose financial recovery is dependent on which. That’s something which the issue of delayed settlement may arise from and the agony of the victim may likewise be prolonged if the counsel is incompetent to speed up the favorable judgment.

And although no one really desires to be put in a situation like that, it is still somewhat inevitable as the claim for indemnity really involves complex matters which cannot be compromised with a short period of time. But at any rate, that doesn’t matter for those who are used to it; the issue is when the victims don’t find any reason to fight for the just compensation that their injuries deserve after the accident. Hence, to resolve any vague presumptions or baseless misconceptions about your claim for compensation, here are the beneficial outcomes of acquiring your fair indemnity:

  • Recover Your Financial Expenses – your compensation covers the expenses you have spent from the time of your hospitalization until you have already recovered; thus, if the court grants your prayer, then that’s already equivalent to the amount you have paid for medication, etc. including, of course, your mental and emotional suffering.

  • Have a Budget for Your Rehabilitation – rehabilitation expenses are something which may be of great burden especially if the victim is left with almost nothing to spend for his future as a result of the accident. The reason why the compensation at this stage is a grave necessity so as the victim will have fund to use until everything becomes normal anew.

  • Serve as an Ideal Example for Others – if you are able to victor your claim for compensation, then your success would definitely serve as one example for others who have the same case as yours. It’s one reason why you should not cease in fighting for your claim until the victorious judgment is uttered by the juries.

Apparently, these are already the resultant of your case, but the process in deriving at such favorable situation is not just simply acquired. You still have to overcome the challenge of proving the other party’s liability. How you should do that? Here are the two simple ways to ensure that you’re at a good advantage:

  • Hire a Competent Attorney and File Your Claim Immediately – your lawyer can ensure that everything necessary for the good outcome of your case are handled properly. He may gather physical and documentary evidences and instruct you on what to do for the proper disposition or settlement of your claim. And why immediately? It is simply because there’s a deadline as to the application of the claim in court, and your failure to follow it will be a bar for future claims in the same case.

  • Support Your Claim with Evidences and Testimonies from the Scene – victory in personal injury cases is acquired through a competent lawyer with factual and/or relevant evidences that can support your legal claims. You should bear in mind that in civil case, it’s the preponderance of evidence which is the primary basis of the court’s judgment, so never waste the chance of winning your claim by gathering and presenting good evidences in court.

You really have all the personal and legal reasons why you should seek for just compensation after your motorcycle accident; all you have to do is to make those reasons as your inspiration in overcoming your fear for the undesirable consequences and winning your claim beyond what the offender can expect.

Author’s Bio:

Atty. Daniel Dolan II, a Miami Personal Injury Lawyer and a Miami Wrongful Death Attorney has a reputation of helping the victims of personal injury and medical malpractice pursue compensation for their injuries. He has litigated cases on behalf of the families who have lost their loved ones in fatal accidents. He is also the founder of the “Dolan Law Firm” in Miami, Florida. Atty Dolan is AV Peer Review Rated by prestigious Martindale-Hubbell.

New York Workers’ Compensation Reforms Show Promising Results

New York’s 2007 statutory reforms are starting to show positive workers’ compensation changes according to the fifth annual report published by the Workers’ Compensation Research Institute (WCRI). Each year, WCRI assesses the performance of the workers’ compensation system, evaluating the effects of the statutory changes and looking for any unintended consequences.

In 2007, statutory changes to New York’s workers’ compensation program included the following six major components:

  • Maximum weekly benefit increase
  • Limits to the number of weeks of permanent partial disability benefits
  • Development and implementation of medical treatment guidelines
  • Fee schedule for pharmaceuticals
  • Diagnostic services networks and preauthorization thresholds
  • Administrative changes for speedier case resolution

How is New York doing so far as it implements the reforms to its workers’ compensation program? Below are a few of the more notable findings:

  • Maximum Weekly Benefit Increase – According to the study, the maximum weekly New York workers’ compensation benefit increased from $400 (prior to July 1, 2007) to $600 two years later. These planned increases have brought New York closer to national averages. Every year on July 1st, the maximum benefit is reset to two thirds of the average weekly wage for the state.
  • Permanent Partial Disability Benefits Limits – The percentage of permanent partial disability (PPD) cases where no lump-sum payments were issued dropped 13.5 points from 2007 to 2008. Those with lump-sum settlements (but no PPD payments) increased by 12 points. According to WCRI’s 2012 Annual Report and Research Review, this shift could be attributed to earlier settlements for some cases and may be related to Aggregate Trust Fund reform provisions. The limits placed on the number of weeks of PPD wage replacement benefits are expected to yield significant savings, but WCRI does not expect to see those results in the data for several years.
  • Fee Schedule for Pharmaceuticals – WCRI reported a 10 to 20 percent decrease in the average price per pill due to the pharmacy fee schedule changes mandated by the reforms.
  • Diagnostic Services Networks / Preauthorization Thresholds – WCRI observed a six percent increase in minor diagnostic service visits from 2007/2008 to 2008/2009 and suspects this is due to the increased preauthorization limit which went from $500 to $1,000.

How WCRI Researchers Analyze Data

WCRI’s used its Detailed Benchmark/Evaluation (DBE) database in this study with data representative of New York’s workers’ compensation system. The DBE contains over 29 million claims from insurers, self-insurers, and state funds. According to WCRI, this database represents roughly 80 percent of the nation’s workers’ compensation benefits paid. The fifth annual report evaluated open and closed indemnity and medical-only claims with injury cases that originated between October 2003 and September 2009.

About the author

This guest post was contributed by Joseph A. Ginarte. He is a specialist New York construction accident lawyer and leads a team of attorneys and managers at Ginarte. He enjoys writing and sharing his insights on various legal blogs. To find a construction accident attorney, click the link.

What is Covered in a Personal Injury Lawsuit?

A personal injury lawsuit involves physical, mental or financial injury that arises because of the negligence or malevolence of another person. Common types of personal injury include auto accidents, medical malpractice, breach of contract and slip and fall accidents. When you suffer a personal injury, you may be able to file a lawsuit to attempt to receive compensation for your injuries. This compensation is referred to as damages.

Damages in a personal injury lawsuit can take many forms. Generally, they can be broken down into actual damages, speculative damages and general damages. The amount of money awarded for each type of damage will vary depending on the particular details of your case.

Actual Damages

Actual damages are the most obvious, and easy to determine. This includes costs accrued by the victim, loss or damage to property and lost wages. Costs to the victim include the costs associated with any medical bills accrued to treat the injury sustained in the accident. These costs are easy to calculate because there is ample proof of the exact sums involved. Loss of property is similarly simple to calculate. The value of the objects or property lost is awarded to you. Things like the cost of repairing or replacing a motor vehicle damaged in an auto accident fall under this category. The value can be determined by the insurance company of the defendant or by an outside expert hired to testify in the case. Actual damages also include the costs associated with missed work up to the time of the trial or settlement. This is calculated by determining how many days of work you were required to miss and how much money you would have made on those days.

Speculative Damages

Speculative damages include future medical bills and future missed work, depending on your injuries. If it is clear that you will require continued treatment for your injury and will continue to miss work because of it, you may be awarded compensation to make up for these future financial losses. These amounts are calculated in the same ways that the previous and current medical bills and lost wages damages are calculated, only projected out into the future for however long doctors agree you will continue to need care. Factors particular to your case, such as the amount of money you make and your age, will affect the amount of money you may be awarded for speculative damages.

General Damages

In addition to these concrete damages, subjective damages may also be awarded. These are often referred to as general damages. This includes things like pain, suffering and loss of amenity. Because these types of loss are difficult to quantify, the amounts awarded for them will vary greatly on a case-by-case basis.

Pain involves actual physical pain you suffered because of your injuries. It also includes mental pain and distress. If you were required to seek mental help after your injury, or if you began to suffer mental distress, such as Post Traumatic Stress Disorder (PTSD), after the event, you may also be eligible for damages because of pain.

Non-tangible losses also fall into the category of general damages. This includes loss of companionship or consortium, loss of reputation and loss of enjoyment of life. The things that can cause one person to experience a loss of enjoyment of life may not affect another in the same way, so this type of damage is, again, highly dependent on the victim’s particular situation.

About the author

This article was written by Ty Whitworth for the team at disabilitydenials.com

How to Recover RTA Compensation Even with an Uninsured or Untraced Driver

Road Traffic AccidentThere are some events in our lives that occur through no fault of our own – we are walking or driving along, minding our own business, then, like a flash, we become involved in a car or pedestrian accident. There is no question that vehicular and road traffic accidents are more common than we think. Everybody we know has been involved in a traffic accident at some point: it could be a minor bump or graze to a vehicle (and some shattered nerves), or it could be a serious accident resulting in multiple injuries that may affect us for life.

In times like these, it is crucial to know our rights and what procedures we need to do in order to recover compensation for damages. Sadly, most of us are at a loss as to how to pursue a claim. The claims process in the UK is admittedly complicated, and this is why it is important to have a working knowledge of traffic laws and recovery of compensation.

Important points to remember when claiming RTA (Road Traffic Accident) compensation

There are different procedures for different road traffic accidents. If you have been involved in an accident and you were a victim in all respects, you are classified by a vehicle insurance company as a third party – and you are therefore liable for third party insurance.

But it is different for those who caused an accident entirely through their own fault. Some countries in Europe may have vehicle insurers who will pay for injuries, whether you are at fault or not. But in the UK, if an accident is entirely your fault, you may only get compensation for damage to your vehicle, and not for any physical injuries you may have sustained.

What you need to do in case you have become a victim of an RTA (road traffic accident) is pursue your claim against the driver of the vehicle, and not his or her insurance company. This responsibility rests on the driver – they will have to pass on your claim to their own insurance company themselves

The Motor Insurers Bureau: providing help in case of uninsured or untraced drivers

The good news when it comes to UK road traffic accident laws is this: even if the driver at fault is not insured or cannot be found, you can still pursue a claim. This typically applies to uninsured drivers who are driving a vehicle without a valid policy of motor insurance, a driver who gave you the wrong contact details (this is another reason why it is important for you to take the vehicle registration, make, and model, so a driver can still be traced even if they give you the wrong contact info), or a driver who did not stop after a traffic accident, also referred to as a hit and run driver. When pursuing a claim for the above, you can go to the Motor Insurers Bureau who will, after investigation, be able to pay your compensation.

If you have been involved in an accident, it is important to keep a record of the driver’s vehicle or, with hit and run drivers, contact the police immediately so they can do a trace for you.

Tina is a freelance writer who has a keen interest in UK law and claim procedures. Tom regularly writes for legal advice blogs on topics such as how to benefit from road traffic accident compensation claims.

Image credits: http://commons.wikimedia.org/wiki/File:Van_accident.jpg

How the Jones Act Protects Maritime Employees

The Jones Act (46 U.S.C. § 30104) is a United States federal law that was passed in 1920 to govern lawsuits related to personal injury and wrongful death claims against maritime employers. The legislation grants crew members and officers of a maritime vessel the right to sue an employer for negligence resulting in wrongful death or personal injury. In order to recover damages, a plaintiff must meet the requirements for a lawsuit under the Jones Act, and the injury must have occurred on a navigable vessel.

Available Remedies Under the Jones Act May Include:

1. Past and future medical costs

2. Lost wages

3. Pain and suffering

4. Found (the value of lost room and board)

5. Prejudgment interest

What Qualifies a Vessel or a Seaman Protected by the Jones Act?

In 2005, the United States Supreme Court provided a definition of a vessel related to lawsuits under the Jones Act. In Steward v. Dutra Construction Company, the Court described a vessel as any watercraft or artificial contrivance capable of being used for aquatic transportation. The negligence must have occurred on a qualified maritime vessel, and the plaintiff must have been serving in the capacity of a seaman when the injury was sustained.

The nature of a qualified vessel and the definition of a seaman have been routinely interpreted by the courts on a case by case basis. According to our team of Jones Act lawyers, “Whether you are a maritime worker on a boat operating on inland rivers or lakes, a crew member of an open-sea vessel or an oil platform worker, you may be covered by the Jones Act and maritime injury laws.” An attorney who specializes in Jones Act cases will be able to determine how you can benefit from this law.

Generally, a seaman is an employee who participates in the essential mission of a maritime vessel. Dock workers and longshoremen, for example, are not generally regarded as seaman under the Jones Act since they do not engage in the primary work of a maritime vessel. Often times, a court will evaluate the amount of time an employee spends aboard a ship to determine whether an injured party participated in the mission of the vessel and is eligible to sue under the provisions of the Jones Act. Injured workers deemed unqualified to seek a remedy within the scope of the Jones Act may be able to seek recovery under the provisions of other state and federal laws.

Negligence Under the Jones Act

The Jones Act is one of many laws that protects maritime employees from dangerous conditions that result in personal injury or wrongful death. Employees serving on nautical craft conducting operations on rivers and oceans may be eligible to seek damages resulting from negligence. Injury due to inadequate rest periods, failure to maintain a suitable work force and the unseaworthiness of a vessel are examples of negligence on the part of a maritime employer. Though a damaged vessel may qualify as unseaworthy, a plaintiff must demonstrate that the damage played a substantial part in an injury claim.

The federal Jones Act provides legal remedies for seamen who sustain injury resulting from the negligence of an operator or employee of a maritime vessel. The act entitles the injured seaman or the survivor of a seaman to seek a jury trial in the federal court system. Negligence is defined as being unreasonably careless in the conduct of operations aboard an eligible maritime vessel. If you or a family member has been affected by a maritime injury, you may want to explore your options for compensation under this law.

Karla M. Somers is a freelance writer and legal researcher who contributes articles on behalf of the experienced Jones Act lawyers of Doyle Raizner. This team of trial lawyers specializes in maritime law, insurance law, personal injury claims, workplace injury, international injuries, and military contractor claims.

How to Find the Best Personal Injury Attorney?

Have you experienced a major injury lately due to the recklessness of someone else? You must file a lawsuit! There is no point suffering alone from a financial loss and damage along with a physical injury when you are not at all responsible for your condition. All you need to do is to choose a good personal injury lawyer. Injury lawyer can fetch you sufficient compensation to recover from financial damages and the cost of medical treatment. Without a well experienced and qualified attorney, your chances of getting a fair compensation are really less. That is why it is important to select a right personal injury attorney to represent you.

Here are few steps/ tips to find the best injury lawyer:

Where to find the injury attorney?

The best selection of a personal injury lawyer would be the one geographically close to you. It can be costly as well as a waste of time to drive for hours to reach your attorney for small consultations.  An injury attorney located in your area will be aware of the vicinity as well as the regional laws. You can use local directories or internet services to locate a lawyer around you.

What kind of cases the attorney has worked on?

It is worth to choose a personal injury lawyer that specializes or have enough experience in the personal injury field in which your claim falls. You can ask the lawyer about his previous cases and settlements to know more about it. It is also essential to cross check the success rate of those cases so far. A general injury attorney might not be capable enough to handle all sorts of injury cases.

Whom to ask?

The best is to start with your family and friends. Ask them if they can recommend a good personal injury attorney based on their past experience. Nothing could be better than a referral as this is the best way to understand the actual personality of the lawyer and his communication style. Ask as much as you can about the recommended lawyer like how comfortable he or she was in answering queries and how fast he or she was while returning the phone calls, etc. You can also ask your present lawyer about any recommendation if you have any divorce or probate attorney in contact.

Can lawyer referral service or directory of your state bar members help?

Yes, you can consult a lawyer referral service. The American Bar Association gives links to region lawyer referral services and state, national and bar associations. You can employ these links or phone book listings under “lawyer referral service”.  Any lawyer that emerges on more than one service is most likely a well-established practitioner. Shortlist two to four lawyers for appointment and interview.

How much you are willing to spend?

It is vital to understand your budget and decide how much you are willing to spend for the services, before you select your attorney.  The cost depends on individual lawyer and practice. Ask about the free consultation and contingency fee. But it is crucial to do a thorough research on the pros and cons of hiring that lawyer, before consulting him or her.

Where to Go for Professional Legal Help After an Accident

It’s sad that so many people either don’t know that they are entitled to claim compensation for injuries sustained by the negligence of others or think that claiming is only for the greedy. Seeking advice is your legal right and finding the right lawyers to help you can make all the difference.

The rise of health and safety laws and the increase in road safety have gone some way towards preventing serious accidents in the workplace and on the road. Nevertheless, no amount of law or safety procedures can prevent all accidents; where people are involved, carelessness or negligence can easily occur.

A duty of care:

A duty of care exists between people, companies and organisations in a variety of circumstances. A doctor or care provider owes this duty to his patients, for example. A driver owes a similar duty of care to other road users and an employer owes a duty to his employees. If that duty of care has been breached and someone suffers an injury as a result, the injured party is legally entitled to seek justice, often in the form of compensation. Personal injury lawyers are those who specialise in helping injured parties obtain that justice.

A good personal injury lawyer will often have a wealth of experience in one particular area of injury law, so if you have suffered an injury in the workplace, for example, you could deal with someone who has extensive knowledge of all the laws that apply in such a situation. This means that the lawyer will be more able to assist you in any claim that you decide to make, as he will have successfully dealt with similar claims beforehand.

Why you should claim:

The outdated view of personal injury solicitors does not do them justice. Dubious characters who see claims everywhere they look have no part in a modern, professional law firm that seeks to provide clients with a voice and which works hard to ensure that justice is served. It is this notion of justice that drives most lawyers who specialise in personal injury law. Claiming does not only benefit the injured party, but can provide a means by which the roads, workplaces and hospitals can be made safer for everyone; in fact, the law on negligence extends to all areas of society, so pursuing legal claims can improve safety for everyone.

A doctor, for example, who has negligently caused injury to his patient may be found legally responsible. This might result in new procedures being implemented in the hospital, thus preventing a similar incident from happening again. Similarly, a council that has failed in its duty to maintain roads or pathways to the correct standard (assuming road workers had not implemented a ‘reasonable system of inspections’) could be sued by someone who is injured as a result. It is unlikely that that council would make the same mistake twice and other councils would also learn from the mistake.

Of course, it is not just for the good of society as a whole that a claim should be made. Often the injured party has suffered a financial detriment as well as the injury. Compensation seeks to right this wrong by providing a means by which the injured party can live his life as well as he did prior to the accident.

AUTHOR BIO:
Maria John is a writer who specialises in the area of personal injury law. As a law graduate, Maria understands the important work that personal injury lawyers do in the community.