personal injury

personal injury

5 Factors That Affect the Value of Your Personal Injury Settlement

Personal Injury

In 2021, 62 million people sought help for an injury and 67.8 per 100,000 people died because of an accident. If you have suffered an injury and it was someone else’s fault, you may be entitled to compensation through a personal injury settlement or award.

Most injury lawyers work on a contingency basis, taking their fee from your final settlement. This will be 30-40% of what you receive.

The value of your settlement can vary greatly depending on several key factors. According to Jamie Cogburn, a Las Vegas personal injury attorney, there are five most important considerations that can impact what your personal injury claim is worth. Keep on reading to learn more.

1. Liability and Fault

A major factor is the amount of liability and fault that can be attributed to the other party. If it is clear that the other party was mostly or entirely responsible for the accident through negligent or reckless behavior, you are more likely to receive a higher settlement value. The more evidence you have to demonstrate their fault, the better. Police reports, eyewitness statements, photographic evidence, etc. can help prove liability.

The injury rate from car accidents in Las Vegas, for example, is 740 per 100,000 residents. If you end up injured, the more evidence you have for your personal injury attorney to prove liability, the better.

2. Type and Extent of Injuries

The severity of your injuries and how they impact your life also significantly affect your potential settlement amount. More serious injuries that result in high medical bills, lost income from missed work, and long-term health consequences warrant larger settlements. Permanent disabilities or disfigurement also justify higher reward values. Documenting exactly how the injury affects your quality of life is key. Traumatic brain injury settlements, for example, often settle for six-figure sums, and in the worst cases, millions of dollars.

3. Duration of Medical Treatment

The length of medical treatment you need to recover from an injury can increase its value. If you only needed a few weeks of physical therapy, your case is less valuable than if you required multiple surgeries and months or years of rehab. The total costs of all your medical treatment, including the projected costs of potential future care, will be considered. A trip to an Urgent Care facility will cost between $1200 and $1300, and your bill will be far higher if you end up hospitalized.

4. Lost Wages and Loss of Earning Capacity

If your injury prevents you from being able to work for a period of time or permanently, calculating the resulting lost income can give an accurate picture of what your claim may be worth. Also, damages for loss of future earning potential can be awarded if you can no longer perform your previous occupation. Providing documentation of your lost earnings strengthens your case.

5. Insurance Coverage

The amount of insurance coverage the other party has plays a significant role. There is little point in suing for an extremely high settlement if the at-fault party’s policy limits or assets are lower. While it’s rare to receive compensation exceeding the coverage amount, assessing what is realistically recoverable is important when evaluating settlement offers. This is where an experienced personal injury attorney can help maximize what you recoup.

By understanding these 5 core factors, you can build a stronger personal injury claim and better estimate the potential value of your settlement. An attorney can provide deeper insight into how these elements work together to impact the overall worth. While getting injured is difficult, settlement awards can provide critical compensation when someone else is responsible.

Navigating the Maze of Personal Injury Claims: Choosing the Right Attorney for Your Case in Missouri

Personal Injury

There are more than 300k personal injury claims each year, with around 40,000 car accident-related fatalities, as well as 173k deaths from unintentional injuries. If you have suffered an injury in Missouri due to someone else’s negligence, you will need the help of a personal injury lawyer to get the compensation you deserve. However, not all attorneys are created equal. When you’re searching for legal representation after an accident or injury, it’s important to find someone who has the right skills and qualifications. Here’s what to look for in a good injury attorney.

Experience Handling Your Type of Case

One of the most important things to consider is whether the lawyer has extensive experience handling cases similar to yours. Personal injury law in Missouri encompasses many types of accidents and injuries, from car crashes to medical malpractice to slip and falls. You’ll want to find someone who focuses specifically on the area of law that applies to your situation. An experienced lawyer will understand the unique legal issues and challenges involved in winning compensation in your type of case.

Resources to Build a Strong Case

Proving liability and damages takes significant time and resources, which is why having a lawyer with substantial financial resources is key. Top personal injury law firms will have teams of legal professionals, including support staff, investigators, and medical experts, who can help gather evidence, interview witnesses, demonstrate negligence, and calculate losses. This level of expertise and manpower is difficult for solo practitioners or small firms to match.

Reputation for Taking Cases to Trial

Many personal injury cases in Missouri settle out of court, but you need an attorney who isn’t afraid to take your case to trial if it comes to that. According to St. Louis personal injury lawyer Schultz Myers, the best injury lawyers have reputations for being aggressive advocates who won’t hesitate to litigate if they can’t secure a just settlement offer, although only 3-4 percent of cases end up in court. An attorney who is known to fight hard for clients in court will have more leverage in settlement negotiations as well.

Understanding of Insurance Company Tactics

In personal injury cases, settlements must be approved by insurance companies, so having legal counsel who knows how to successfully negotiate these bureaucracies is invaluable. An attorney well-versed in insurance company approaches and common settlement tactics will know what arguments and evidence will lead to fair compensation for your losses. Don’t let an insurance adjuster take advantage of you – hire legal representation to handle those negotiations.

Communication and Responsiveness

Hiring a personal injury attorney in Missouri means putting your future in someone else’s hands, to a large extent. You need an advocate who will hear your concerns, answer your questions, and keep you updated every step of the way. Look for reviews, testimonials, or feedback from former clients that praise a lawyer’s communication style. Responsiveness is also key – you need counsel who promptly returns calls and emails so you get the support you need.

The aftermath of an injury can be complex and stressful. However, having the right law firm representing your unique situation can make all the difference in obtaining a positive legal outcome. Use these tips to find caring, dedicated, and experienced counsel who can help get you the money you need to heal and move forward after an accident that wasn’t your fault.

Revealed: 3 Things to Expect During a Personal Injury Trial

Personal Injury

Navigating a personal injury trial can be a daunting process, especially for those unfamiliar with the legal system. This article aims to demystify the journey, offering a glimpse into what individuals can expect during this critical time. Understanding these steps can provide clarity and prepare you for the road ahead. If you find yourself in such a situation, remember that support is available. Reach out to an Ocala personal injury attorney to guide you through the process.

1. Understanding the Personal Injury Trial Process

A personal injury trial is a legal process where an individual (the plaintiff) seeks compensation from another party (the defendant) for injuries sustained due to the defendant’s negligence. This article outlines the key stages and elements involved in a personal injury trial, aiming to equip those embarking on this journey with the knowledge they need.

The Opening Statements

At the start of the trial, both sides have the opportunity to present their opening statements. This is the first chance for the plaintiff and the defendant to outline their cases to the jury, setting the stage for what is to come. The plaintiff’s attorney will typically go first, explaining how the defendant’s negligence led to the injuries suffered by their client. The defendant’s attorney will follow, offering their perspective and potentially disputing the claims of negligence or the extent of the injuries.

Witness Testimony and Evidence Presentation

Witness testimony and the presentation of evidence are crucial components of a personal injury trial. The plaintiff will call witnesses to support their claims, which may include medical professionals, accident reconstruction experts, and those who witnessed the event. Following this, the defendant will have the opportunity to present their witnesses and evidence, possibly aiming to contradict the plaintiff’s narrative or minimize the perceived extent of the injuries.

2. The Role of the Jury

The jury plays a pivotal role in a personal injury trial. After hearing all the evidence and witness testimonies, the jury is tasked with deliberating and reaching a verdict. They will consider the facts presented, applying them to the legal standards to determine liability and, if applicable, the amount of compensation the plaintiff should receive.

Closing Arguments

Closing arguments offer both sides a final opportunity to summarize their cases and persuade the jury. The plaintiff’s attorney will recap the evidence and testimonies that support their client’s claim, emphasizing the defendant’s liability and the impact of the injuries on the plaintiff’s life. The defendant’s attorney will counter, seeking to cast doubt on the plaintiff’s claims and argue against the extent of the compensation sought.

The Judge’s Instructions and Deliberation

Before the jury begins deliberation, the judge provides them with specific instructions on the law, guiding their decision-making process. These instructions include the standards for determining negligence, causation, and the criteria for awarding damages. Following these instructions, the jury deliberates in private, discussing the case until they reach a unanimous verdict.

3. The Verdict

Once the jury reaches a decision, the verdict is announced in court. This verdict will include findings on liability and, if the defendant is found liable, the amount of damages awarded to the plaintiff. The conclusion of the trial marks a significant milestone in the legal journey, potentially offering closure and financial compensation to the injured party.

Appeals Process

It’s important to note that the trial’s conclusion does not always signify the end of the legal process. The losing party has the right to appeal the verdict, potentially extending the timeline before a final resolution is reached. The appeals process involves a higher court reviewing the trial’s proceedings to ensure the law was applied correctly.

Understanding the Verdict

The jury’s verdict is more than just a decision—it’s a reflection of their interpretation of the evidence and testimonies presented during the trial. It encompasses their assessment of the defendant’s liability, the extent of the plaintiff’s injuries, and the appropriate compensation for those injuries. This compensation might cover medical expenses, lost wages, pain and suffering, and other damages. The verdict serves as the culmination of the trial phase, setting the stage for either the resolution of the dispute or the initiation of the appeals process.

Conclusion

A personal injury trial is a complex and multi-faceted process, marked by legal procedures and strategic negotiations. While the journey can be challenging, understanding the key components and what to expect can provide solace and preparation. For those navigating this path, professional legal guidance is invaluable. An experienced personal injury attorney can offer the support, knowledge, and advocacy needed to navigate the trial process effectively, striving for a just outcome.

Must-Follow Steps: What to Do If You Have a Personal Injury

personal injury

Because of the grief and stress that you are feeling as a consequence of being injured, you may sometimes respond in a way that is not in your best interests.

If you do not make the right decisions and take the right steps, you may dramatically limit your chances of collecting adequate compensation for your injuries.

What should you do after sustaining a personal injury? These are the most significant considerations.

Seek Medical Help

First and foremost, if you are injured, you should seek high-quality medical assistance. If you are unable to care for yourself, you should call emergency services right away. Accident victims are often in shock, and they may assume that they are OK while they are suffering from severe injuries. Never jeopardize your health or safety; seek medical assistance immediately after an injury. Even if you are feeling OK at the moment, remember that you have been in an accident of some type and that only a professional medical practitioner can check on you and decide whether you need medical assistance. Furthermore, in addition to preserving your safety, it is essential to maintain a record of your injuries with medical professionals.

File a Police Report

It is necessary to file a police report to ensure that an official entity has records of crucial information related to the accident. This might include information such as the names and contact information of the other people involved in the accident.

It is also likely that a police report will serve as a record of the important information surrounding the accident. If a lawsuit is brought, a police report may also be used in court. Police reports may also be used to identify who was at fault, and they may be useful to an insurance company when evaluated.

Keep Accurate Records of All Costs Related to the Injury

As a consequence of a personal injury accident, there is a good chance that a variety of charges and expenditures will be made. Records such as hospital bills, medical diagnostic declarations, property damage expenditures, and insurance records should be preserved.

If an individual’s injuries caused them to miss work, they may be compelled to retain records of any income that they lost.

Photograph Everything

Photographs may be highly powerful evidence in a case involving personal injury. They provide a visual record of the incident and may aid in establishing facts that words alone would not be able to represent. Shoot photos from various angles and views, taking care to catch all of the important details.

For example, following an automotive accident, it is critical to photograph the vehicle damage, the position of both vehicles, any visible injuries, and other details such as skid tracks and debris. If you slip and fall, take pictures of the area, the lack of a warning sign, and any potentially dangerous factors, such as moist flooring.

Don’t Talk to Insurance Company Representatives

Insurance companies aim to make a profit, not compensate victims. Do not communicate with representatives of insurance companies until you have seen a lawyer. You may make a mistake that affects your compensation for medical expenditures, lost income, and pain and suffering. Allow your personal injury attorney to deal with insurance companies.

Avoid Social Media

When you are in the aftermath of an accident, it is easy to make mistakes that seem simple and innocent at the time, but they may come back to haunt you later. One of the most common things that individuals do right now is comment on or discuss their accidents on social media. The attorney or insurance company representing the defendant will explore your social media profiles to see if they can use your statements against you.

You could use social media to remain in touch with loved ones and friends, and you want to let them know you’re OK. Alternatively, you can publish a generic statement since a larger number of individuals were inquiring about your accident. Even if you respond to a comment by saying you’re “fine” or “well,” or that the driver appeared out of nowhere and you “didn’t see them,” the other party may interpret this to mean that your injuries aren’t as severe as they are, or that you’re partially to blame for the accident because you weren’t paying attention to what was going on around you.

Contact an Attorney

You should contact a qualified and experienced personal injury attorney Your attorney will be able to advise you on whether you have a legitimate claim for personal injury after hearing the specifics of your accident and injuries, whether it was a moped accident, a car accident, or any other personal injury type. The greatest thing is that most personal injury attorneys will provide you with a free first consultation and will work on a “contingency” basis. This means they will only be paid if you are reimbursed, and their costs will be deducted from whatever you get, so you will never have to pay for their services out of your pocket.

How Do Personal Injury Claims Work in Florida?

personal injury

If you are hurt in Florida because of another person’s negligence, you may want to file a personal injury claim. The process can become incredibly overwhelming, especially while you’re still in pain from the injuries you’ve sustained.

You can make personal injury claims for motor vehicle accidents, slip and fall accidents, dog bites, defective products, and more. The law allows you to recover your financial losses from your injuries and damages that another person or entity caused.

Medical bills have never been cheap. For many, these unexpected expenses can quickly put them into debt. If you’ve endured a personal injury, you may also be unable to work for the short or long term. No matter which type of personal injury claim you are trying to file, here’s how these claims work in Florida.

The Personal Injury Claim Process in Florida

If you have sustained serious injuries, the first step you should take is to contact a Boca Raton, FL injury lawyer. They will advocate for your legal rights and walk you through the process.

Send a Demand Letter

After hiring an attorney, they may send a demand letter to the insurance company. It will include all the evidence relating to your injuries and financial losses.

File Your Complaint

In some cases, your claim may end with a demand letter. Usually, though, the insurance company will reject your demand or pin the blame for your injuries on you. If this happens, your attorney will file a claim on your behalf.

Discovery Process

Once the complaint is initiated, both sides begin the discovery process. Your lawyer will conduct a thorough investigation to gather all evidence of your injury. You will need to go through a deposition as well, though your lawyer will be your representative to help you.

Settlement Negotiations

After the discovery process, negotiations will proceed. The other party will make an offer, and you and your attorney will review it. If it covers all costs you’ve incurred and the calculated future costs of your damages, you can accept the settlement offer. However, if the amount is not enough, then your attorney may file a lawsuit.

Trial

Even when a trial date has been set, there is still a chance for negotiations to resolve the matter. Most cases will settle long before they can get to the courtroom, though you should always hire an attorney who has strong trial experience in the event it gets to this point. If your case goes all the way to trial, the judge or jury will decide the fate of your case.

These steps are meant to be a brief outline of the personal injury claim process. If you were injured by someone else, speak with a lawyer as soon as possible. You only have a limited amount of time to file a lawsuit. The new laws in the state have shortened this time limit from four years to two, making it imperative to take action promptly.