Personal Injury Lawyer
Many people benefit from hiring an attorney, like a personal injury lawyer from Johnston Martineau, LLP, after an accident. However, that does not mean that it is always the right thing to do. In some situations, the potential downsides of hiring an attorney outweigh the potential benefits.
How You May Benefit From Hiring a Personal Injury Attorney
It is difficult to try to plan a court case while you are still recovering from a serious injury. Hiring a personal injury attorney allows you to concentrate on your rehabilitation and leave your lawsuit in experienced, capable hands.
An attorney’s experience is important when handling a personal injury case. A well-trained, critical eye in evaluating the damage can help identify key evidence that you may miss. Experience filing legal paperwork can prevent a potentially devastating clerical error. Hiring an attorney helps to level the playing field because the other side will almost always have its own legal representation.
When a Personal Injury Attorney May Not Be Required
If you are not injured, or not injured seriously, then there are little to no damages to collect from the party responsible for the accident. If that is the case, then there is no reason for you to hire a personal injury attorney. However, before you make the decision, be sure you get an evaluation from a doctor. Sometimes the symptoms of a serious injury may be delayed, and you may not realize that you are hurt badly until after you have accepted a settlement, at which point it is too late to file a lawsuit.
Before you decide to hire a personal injury attorney, you should understand how you will be billed. Rather than charging by the hour, personal injury attorneys usually bill on a contingency basis. This means that you pay nothing if you lose your case, but if you do win, your attorney takes a portion of your award or settlement. The percentage can vary, but assume that the attorney asks for 33%, or one-third, of the damages you recover. To justify the expense of hiring the attorney, he or she will have to improve your expected results by more than 50%.
If you feel the initial settlement the insurance company offers you is fair, then you can simply accept it without hiring an attorney or filing a lawsuit. However, you should know that the initial settlement offer is almost never really fair, and you might want to think about it before agreeing to it.
Remember that the first offer is almost never the last offer, and once you accept a settlement, you forfeit your right to take any further legal action. A lawyer would be happy to assess your situation and determine what you really deserve when you contact a law office.
Auto Accident Lawyer
Personal injury cases depend on evidence to prove that a careless driver is responsible for paying compensation. Evidence can come in the form of testimony, but when a bicyclist and a driver collide, a jury might have difficulty deciding which person has a more accurate perception of how the injury occurred. Physical evidence, combined with the testimony of neutral witnesses, makes a bicyclist’s injury claim stronger.
To maximize the opportunity to obtain full compensation for a bicycle accident injury, it is important to preserve evidence. Taking some simple steps can help a bicycle accident lawyer bring a successful injury claim.
Making a Police Report After a Bicycle Accident
Every state requires drivers to report a traffic accident to the police if the accident causes an injury. Not every driver follows that rule. An injured bicyclist should either contact the police or make sure that someone else contacts the police. Ask the driver to say at the scene until the police arrive.
It is also wise to ask to see the driver’s license of the person who caused the accident. Making a note of the driver’s name and the license plate will discourage the driver from leaving before the police arrive.
The police will conduct an accident investigation. The officer will gather information to determine how the accident occurred. The accident should take the names of witnesses, but the bicyclist should ask witnesses for their names and phone numbers, just in case they leave before the officer arrives.
The officer might take measurements of the accident scene and will probably draw a sketch. If you think the officer is getting it wrong, make your side of the story known.
Take Photographs After a Bicycle Accident
A bicyclist who is carrying a smartphone should use the camera app to take pictures of the accident scene. Try to take pictures before the car or the bicycle are moved. If the collision dented or scratched the car, take photos of the damage.
Also take some pictures of the bicycle. The photographs will help you prove that the bicycle damage was caused by the collision, not by something that happened later.
If there are skid marks, glass from a broken headline, or scattered debris from the damaged bicycle, photograph them. Since that evidence could be lost with the passage of time, documenting it is the best way to assure that all the facts are known.
Keep Your Damaged Bike for Evidence After a Bicycle Accident
Car crashes often destroy bicycles. Don’t junk the bike. A mangled bicycle makes a powerful exhibit at trial.
Even if the bicycle can be repaired, don’t repair it without first getting legal advice. The bicycle damage can hold clues to how the accident happened. An engineer who examines the bike may be able to draw conclusions that will help you prove your case. For example, if there is a dispute as to which party collided with the other, the nature of the bicycle damage might help you prove that the driver crashed into the bicycle.
In addition, the insurance company that insures the driver must be given an opportunity to inspect the bike. If that inspection might shed light on who was responsible for the collision, you have a legal obligation to maintain the bike in its post-accident condition.
A legal principle known as spoliation allows judges to punish parties who fail to preserve relevant evidence. The judge might tell the jury that it can presume you failed to preserve the bike because you wanted to conceal its condition from the insurance company. A jury might then decide that your failure to preserve the bike proves that you were responsible for the accident.
Before you do anything to alter physical evidence of the accident, talk to a bicycle accident lawyer. Your lawyer can tell you whether and for how long the evidence needs to be preserved.
Personal Injury Lawyer Deer Park, TX
Every now and then, we receive a call from someone who is desperate for legal help, but cannot find any personal injury lawyer to take on their case. Often, these people are feeling hopeless and frustrated because they believe they have a valid case, but yet are only receiving responses such as “We’re sorry, but we are unable to help you at this time. Please consult another personal injury lawyer.”
If you are in a similar situation, we understand that you might be annoyed, but there may be a few reasons as to why you are having a hard time finding a lawyer.
The Reason for Generic Answers
If a lawyer has denied your claim, they most likely did not give you a reason why. In fact, you probably got a very general reply. First and foremost, many lawyers have different expectations for a case. For example, some lawyers will only handle cases that involve large corporations and others will focus on small claims cases. Even if you have been denied by a handful of lawyers, does not mean you don’t have a case. It just means you might be asking the wrong lawyer for help.
To add to this, a lawyer won’t say you have a “bad” case, especially while the statute is running. To say that could mean that you immediately lose hope. It is in the best interest of a lawyer to provide you with a generic response; something like:
“Thank you for contacting our firm. We reviewed your case and are unable to help you.”
If you have received responses like the above, it may be worth your time and effort to keep searching for a personal injury lawyer. Bare in mind, if you were reaching out to any lawyer, such as a general lawyer, it may be a good idea to try talking with a lawyer who focuses on personal injury law. Finally, if you feel like you have exhausted your efforts, the following information may explain why you are unable to find a lawyer for your personal injury claim.
Why Your Case Might Not Have Been Accepted by a Personal Injury Lawyer
- The injuries you sustained were not serious enough
- It is not clear who is responsible
- You were completely at fault
- The anticipated recovery of compensation is not much more than the cost of building your case
- There are relevant damage caps or tort reforms associated with your case
- There are location or proximity issues
- You are not filling a claim for money, but rather as a method of “revenge”
- You have exceeded the statute of limitations
- You did not provide the lawyer with enough information
Potential Problems with Your Medical Care
The lawyer you talk to might ask you about the medical care you have received following the accident. When you received it and through which method can affect the value and strength of your case.
It is your right to seek compensation for your medical care; however, you cannot ask for an amount that cannot be backed up by the doctors’ diagnosis and recommendations. In other words, it has to be reasonable. If you have received any questionable care, a lawyer or defending side may challenge this care. Furthermore, questions might be raised if your medical bills are higher than the average amount of a similar service. If a lawyer is denying your case based on medical care, it may be because:
- You underwent experimental procedures for treatment
- You sought care for unrelated medical issues
- There are significant gaps between your treatment
- You waiting an excessive period of time to get treatment
- You have not followed your doctor’s orders
- You’re being treated by a doctor who has been investigated for fraud
- You have not seen a medical doctor yet, and there is a large gap in time between now and the accident
All lawyers have different expectations. As a general rule of thumb, you should consult 3-8 lawyers before you choose one, or give up. If you would like to talk with a personal injury lawyer Deer Park, TX relies on, call today.
Contact John K. Zaid & Associates for their insight into personal injury claims and why you might be struggling to find a lawyer.
Having a PIP, or personal injury protection, policy while traveling can help the policyholder cover the costs of medical bills and lost wages for himself and his passengers. As opposed to standard automobile insurance, PIP insurance is no-fault auto insurance that covers the driver and associated parties despite who caused the accident. In some states, PIP insurance is a mandatory extension of standard car insurance.
Per the particular policy, personal injury protection insurance may pay up to 80 percent of the driver and passengers’ medical bills, including rehabilitation. Sometimes, PIP covers the injuries of other drivers and pedestrians. If necessary, PIP also covers funeral costs.
Personal Injury Protection Versus Medical Payments Coverage
Medical payments coverage, or Med Pay, is another type of automobile insurance. While medical payments coverage and personal injury protection coverage share similarities, they differ in several ways. Like PIP, Med Pay covers the driver and passengers’ medical bills. Unlike PIP, Med Pay will not cover funeral costs, lost wages and other expenses. Therefore, many drivers prefer PIP.
Claims and Settlements
Generally, a policyholder who has personal injury protection insurance receives a settlement faster than a policyholder who has another type of automobile insurance. However, insurance companies do not always handle claims fairly and quickly. Anyone who is tired of dealing with their insurance company should seek advice from one of the personal injury attorneys at zaidlaw.com. Usually, PIP cases can be resolved without going to court, but if necessary, the attorney can file a lawsuit in order to seek a favorable settlement for the client.
Driving is dangerous, and anyone who spends a lot of time behind the wheel should consider personal injury protection insurance. Besides providing coverage for the policyholder, PIP insurance covers any passengers such as the policyholder’s spouse, children, friends or coworkers. The decision to forego PIP insurance is simply not worth the risk.
Many times a person in an auto accident hasn’t clue what to do especially if damages are involved. Oh, sure, medical and the police may be involve but that’s only to insure that the people involved know who to contact. The first step a person should remember is to keep your mouth shut and don’t admit anything. The second step is to contact a personal injury lawyer who handles cases like this for a living. However, in some cases, people are hesitant to contact a personal injury lawyer for many reasons. Here are few myths you should remember that are not true:
When hiring a lawyer who specializes in personal injury cases it will cost a fortune.
The truth is that most cases of this type are taken on a “contingency” basis which simply means if your lawyer loses the case and the judge does not rule in your favor, you owe nothing.
Another myth is that a personal injury lawyer spends his or her time running around town looking for car accidents.
Actually, in most cities a personal injury lawyer is forbidden from contacting any accident victims prior to thirty days. It’s a rule in most states.
A personal injury lawyer can file a false law suit claim.
Oh, please. A personal injury lawyer is not going to file a frivolous lawsuit and lose their license that may or may not have any chance of being awarded a small or large settlement.
Payouts on a personal injury claim is guaranteed.
You wish. Insurance companies will fight your claim, so your lawyer, if they have a case, should build a good, strong case.
As of 2014, there are about 318.9 million people living in the United States. Now, we all know that no human being is perfect 24/7, which means that with all of these people there are bound to be some accidents. However, you are lucky that every person has the ability to protect his/her legal rights after an accident or injury. This article is for those who may be unfamiliar with personal injury law, or how to proceed after an accident or injury occurs.
A personal injury case is a legal dispute that occurs when a person suffers harm from an accident or injury that someone else may be legally responsible for. It can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment. Formal lawsuits are started when an individual files a civil complaint against another person, business, corporation, or government agency, claiming that they acted carelessly in connection with the accident or injury. However, it is common that such disputes are resolved through an informal settlement before any lawsuit is filed. These informal settlements occur among those personally involved in the dispute, their insurers, and attorneys representing both sides. It is a negotiation that is followed by a written agreement in which both sides agree to resolve the matter through an agreed upon amount of money.
If you have had an accident that has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit or reach a settlement. It is advised to do so as soon as you can after the accident/injury due to statutes of limitations. Statutes of limitations are like deadlines in which you have to pursue legal action or else you can no longer do so. They are established by state law and often vary by type of injury. For example, in Texas, it is two years for an injury, but five years for sex crimes and one year for libel or slander.
If you believe that you have the potential for a personal injury case, it is very important to consult an experienced attorney. It is good to know as many details as you can about the events that led up to the accident/injury and all that were involved. Gather all the information you can before consulting an attorney. The more facts you can provide him/her, the better they can work to help you out.
The Pokemon game just surfaces weeks ago and already causing injuries due to gameplay. Let me brief you about the game in case you are not familiar with it. This is what you refer to as an augmented reality game, in which players are allowed to hold Pokemon captive (fictional characters based on Japanese franchise, i.e. video game, card game, etc.) in the actual world. These creatures are viewed through the camera of player’s phone as they walk through their neighborhood.
The game itself took some certain preventive measures and warned players to be aware of their surroundings and play safely, but many are not heading to this warning resulting into injuries.
Injuries arise as a result of loss of attention in watching the walkway; they are busy staring at their smart phone’s screen resulting in them slipping, tripping and falling into ditches and holes
Thanks to the creator of the game, the game will not start up while traveling at more than 20mph since it is meant to be played while walking and not while driving. Some gamers would have picked up interest in playing while on the wheel.
This is not just a problem for the children, as many of the injured are in their late 20s and 30s.
The positive side
Since the game is played while walking, people get to exercise their legs while playing. People bump into each other at the Pokemon site and get to interact with each other. So also people get to spend time outdoor when searching for pokemon in places such as parks, landmarks and other outdoor location they have never visited.
Precautions to take while playing
• Don’t play while driving. It is tantamount to texting while driving which is against the law and can at the same time be deadly.
• If walking or cycling, keep your eyes on the walkway. You stop to collect your creature once you sight a Pokemon. The game is nor worth an elbow, ankle or head injury, talk less your life.
Be smart and play safe.