Do I Need a Personal Injury Lawyer?

Do I Need a Personal Injury Lawyer?

After a serious accident, you probably have many questions. You may wonder what your recovery will look like and when you can return to work. You are likely also curious if you need a personal injury attorney. The quick answer is yes.

If an accident has left you injured, there are many reasons you should seek help. Keep reading to learn a few reasons why you should consider an injury lawyer to help you win your case.

Navigating Insurance Can Be Difficult

If you are hurt, and someone else is responsible, an attorney can help you get the response you need. Unfortunately, insurance companies know it is easier to take advantage of an unrepresented person. They might not take your claim seriously unless they know that an attorney is working on it.

An injury lawyer will care about what you need and not what the insurance company needs. An attorney can also tell you what the insurance company may have to pay if they don’t attend to your claim. If your claim needs to go to court, a lawyer can also represent you there.

Complex Cases Need Careful Help

There are many complexities in an injury case in which the specialized care of a lawyer may be necessary. Sometimes insurance providers deny claims, arguing that the injuries are not severe enough. In this case, you will need someone to affirm that your injuries are significant.

An attorney can help you find out what information the insurance company might need to approve your claim. They can also work with your doctors and specialists to highlight the importance of your case. Worst case, an experienced personal injury attorney can help you get a settlement or file an appeal.

Settlements Aren’t Always in Your Favor

Keep in mind that insurance companies seek to take full advantage of earnings and reduce losses. They want to pay as little as possible and close your case as quickly as they can. Don’t suffer the economic consequences of a poorly handled insurance claim.

Consider consulting a lawyer before you accept a settlement offer from the insurance company. They will tell you how much money you should get and what to do if someone offers an amount less than what you need. Some lawyers only profit if you profit, maximizing your chances of a positive outcome.

If you’ve been injured, consider hiring an attorney. A legal representative can minimize the stress of the challenging process and may help you achieve a positive outcome. If you believe you may have a cause for a personal injury lawsuit, set up a consultation with a personal injury lawyer like at the office Telaré Law as soon as possible.

Compensation for Wrongful Death Cases

What Types of Compensation Can I Recover in a Wrongful Death Suit?

When your loved one dies because of someone’s negligence or wrongdoing, most states allow you to sue the responsible person for wrongful death if you’re a close relative of the deceased, such as his or her spouse, parent, or child. Other states require the person appointed as the personal representative of your loved one’s estate to sue on behalf of you and the other next of kin. An experienced local wrongful death lawyer, like one from Saavedra Law Firm, PLC, can advise you of your state’s laws.

Wrongful Death Causes

A wrongful death can result from a variety of situations, including the following:

  • Motor vehicle accident
  • Premises liability accident
  • Medical malpractice
  • Nursing home abuse and neglect
  • Defective product accident

Compensation Categories

Usually, you can recover two categories of damages in a wrongful death suit. The first pays for such things as the following:

  • Your loved one’s pain and suffering from the time of the accident until the time of his or her death.
  • His or her medical expenses.
  • His or her lost wages from the time of the accident until the time of his or her death.
  • His or her funeral and burial expenses.

The second category of damages pays for your own losses occasioned by your loved one’s wrongful death. Examples include the following:

  • Your loss of the decedent’s support from the time of his or her untimely death until the time he or she would have retired had he or she lived to retirement age.
  • Your loss of the decedent’s love, affection, companionship, guidance, etc.

Keep in mind that some states require you to bring two separate actions, one for wrongful death and the other called a survivors’ action, in order to recover both types of damages. Again, your wrongful death lawyer can advise you.

In rare cases, you may also be able to get punitive damages. Juries only award this type of damages, however, when the defendant’s actions in causing the wrongful death were particularly outrageous, reckless, or otherwise egregious. Their purpose is to financially punish the defendant.

Types of Payouts

In all likelihood, you will get to choose whether to take the settlement or jury award as a lump sum or as a structured settlement. As its name implies, a lump sum payment means that you receive the entire payout at once. The advantages are that you can quickly pay all of your loved one’s outstanding bills and expenses.

A structured settlement, on the other hand, means that you will receive an agreed-upon amount each month from the defendant’s insurance company. The advantage here is that you receive continuing financial support over a relatively long period of time.

Stem Cell Therapy vs. Total Knee Replacement

Knee Surgeon

Up until the latest developments came into play the last several years, older adults with arthritic or poorly functioning knees have only had further deterioration and total knee replacement in their future. As a knee surgeon from a practice like the Premier Osteoarthritis Centers of Pennsylvania can explain, knee replacement surgery, like most other surgeries, carries substantial risks, may have an extended hospital stay, and one to two months of healing and physical therapy to boot. 

For some patients, this process is painful and challenging. People with active lifestyles may be forced to give up specific high-impact activities for the rest of their lives. But, stem cell intervention may change traditional knee treatment routines and enable patients to return to their daily lives and activities with less pain and movement restriction.

What is Stem Cell Therapy?

Stem cell therapy can be a viable alternative to total joint replacement and other surgical interventions. In this procedure, a patient’s own stem cells are harvested, minimally processed, and injected back into the injured or arthritis-damaged joint. Adult stem cells have the unique ability to transform into different types of cells and may be able to create new cartilage in the knee.

A Comparison of Recovery Times

One of the biggest reasons that stem cell therapy has gained such popularity is its quick recovery time. Stem cell therapy is an outpatient procedure, so there is typically no need for an uncomfortable and risky (in terms of infection) hospital stay. 

After stem cell injection, most patients can walk around within 24 hours. A recovering stem cell patient may also wear a knee brace for a short time. There may be a low level of soreness in the joint several days to a week after the injection.

Once injected, the stem cells go to work repairing and regenerating tissue. It may take up to about three weeks for improvement to set in and repair and progress may continue for up to six months or so. Some patients may need additional injections—possible two or three in a year’s time.

On the other hand, knee surgery patients will typically spend a couple of days in the hospital after undergoing an invasive, extensive surgical alteration. A hospital stay can pose a significant staph infection risk. Once discharged from the hospital patients may have to go to a rehab facility for a time, or go home and undergo a regimen of outpatient physical therapy, which may consist of:

  • Walking to regain mobility
  • Knee-strengthening exercise
  • Slowly resuming normal daily activities

Additionally, knee surgery has other possible risks, including:

  • Infections
  • Heart attack
  • Stroke
  • Blood clots (leg or lungs)
  • Nerve damage

Plus, driving is usually restricted for 4 to 6 weeks after surgery. Certain weight-bearing activities may put too much pressure on the knee implant and must be avoided.

You may be wondering if stem cell therapy can help you. Your knee pain specialist can discuss all treatment options with you and make suggestions as to which treatments can help you the most.

What Steps Should You Take if You Were Injured Due to Someone Else’s Negligent Actions? 

Nobody wants the hassle or pain of being in an unnecessary accident. Accidents happen every single day, though, which is why it is important to know what to do if you are ever involved in one. The very first thing you need to do is contact a personal injury lawyer, like one from Greenspan & Greenspan P.C., immediately. He or she will help you form your case and look at all of the details surrounding the accident to determine who was at fault and how much compensation you may be able to receive. 

Check Yourself for Severe Injuries

The very first thing you need to do after being involved in a bad accident is to check yourself for any serious injuries. If you think you were terribly injured and need assistance, ask someone nearby to call an ambulance. If there is not anyone around, call for one yourself. 

Call the Police to the Scene of the Accident

In many instances, you may want a police report about the accident. If someone else’s negligent actions caused it, for example, you will want an officer to come evaluate the scene of the accident and write down an incident report. This will offer an unbiased viewpoint on what may have happened to cause the accident. This report will give information of each of the people as well as offer some pieces of truth if your case goes to court. 

Get Witness Statements

If there were any witnesses, make sure you get their contact information and have them write down or give a voice recording on what they saw. These details are important to get in writing while the memory of the event is still fresh. The witness may be called upon to testify on your behalf at a later date. It can be a key to winning a personal injury case. 

Exchange Information with the Other Party

If someone else was involved or possibly at fault for the accident, you need to get their information so that you can reach out again about compensation. You may decide to go through their insurance or you may seek compensation by going to court. A lawyer will be useful for deciding what the best next steps to take will be.

Contact a Personal Injury Lawyer Today

You should not hesitate if you were injured in an accident. You need to contact a personal injury lawyer right away so that you do not miss the statute of limitations for filing. Every state has a deadline of filing a case if you were injured in an accident. If you miss it, there will be no chance of seeking compensation in the future. Your lawyer will evaluate your case immediately and make sure you stay on track for getting compensated for everything. Most personal injury lawyers offer free initial consultations and many work on a contingency fee basis, which means they do not collect compensation unless they win your case. 

The Basic Types of Auto Insurance Coverage 

Car Accident Lawyer

Car insurance laws depend on the state in which you live. State laws mandate the kind of coverage you are required to carry and any minimum amounts of that coverage.There are many types of policies offered by insurance companies, and if your state does not require all of them, it may be worth the time to look into them. Learn some of the basics about car insurance policies and the variety that may be available to you.

Liability Coverage

The most fundamental auto insurance is considered liability coverage. It is typically mandatory. Liability coverage encompasses property damage and bodily injury. The property, in this instance, is usually the insured vehicle, but if you live in a fault-based state, it may cover the damage to the other vehicle. Bodily injury works in the same way, covering the other driver in an at-fault state. Liability coverage is set based on policy minimums required by state law.

Uninsured and Underinsured Coverage

In addition to liability coverage, you may be offered uninsured and underinsured motorist policies. These may be required to some extent by your home state. Even if they are not, you may want to check into adding them to your liability policy. That is because you may face a crash in which the at-fault driver does not either have sufficient coverage or has no insurance. In these cases, your underinsured or uninsured policy will kick in and cover your property damage and any medical bills.

Comprehensive Coverage

Comprehensive insurance policies deal with damage to your vehicle inflicted by something other than an accident. The most common incidents are theft, vandalism or a natural disaster. A hail storm, for instance, may leave extensive body damage to your car. This is not covered under your liability policy since it is not a vehicle crash. When your car is stolen, the comprehensive coverage policy will pay out the then-value of your vehicle.

Medical Payments Coverage

If you do suffer injuries from a car accident, you may wind up with extensive medical bills. If you live in a no-fault state, you will be required to carry medical payments coverage, called personal injury payments. Unlike liability coverage, this protects you and pays for the medical care you require after a crash. It also comes in handy should the opposing insurance company not pay out timely when the other driver is at fault.

It may help to speak to a car accident lawyer after an accident. A car accident lawyer can help you understand what happens next with your insurance company and the other driver. Firms like Waterman Law Centers, PLLC have attorneys experienced in Virginia Law that will understand the specifics surrounding your case and be able to help you navigate the legal process. 

4 Types of Personal Injuries

Pedestrian Accident Lawyer

You might be wondering whether you have a viable personal injury case on your hands. As a pedestrian accident lawyer in Kansas City, MO from a firm like  Royce Injury Attorneys LLC can explain, you can gauge the validity of your case by comparing it to preexisting cases. There have been many personal injury cases throughout history, and these cases can all be placed into specific categories. Take a look at this list of four types of personal injury cases and see which sounds the most like your current situation.

1. Motor Vehicle Accidents

Motor vehicle accidents are quite common, and depending on your commute you might see them almost every day. These accidents occur when someone driving a car, bus, or truck makes an illegal maneuver or fails to pay attention to the road, which leads to one or more vehicles being struck or losing control. Drivers who speed and those who text and drive are frequently involved in motor vehicle accidents. People can sustain spinal cord injuries and broken bones as a result of such accidents.

2. Pedestrian Accidents

Pedestrian accidents involve an individual who is not in a vehicle being struck by a moving object, such as a car or motorcycle. A pedestrian can file a personal injury claim if he or she can prove that the person driving the vehicle was negligent in some way. For example, a driver could have run a red light or failed to stop at a stop sign. Pedestrians may suffer bone fractures or brain injuries after an accident.

3. Nursing Home Injuries

Elderly people can be abused or neglected while residing in a nursing home. Some senior citizens might fall and damage their skin and bones because nursing home staff members did not assist them correctly. Others have been victims of staff members who make grievous medication errors, fail to treat their infections, and forget to feed and hydrate them. People can file a claim on behalf of their elderly relatives if they can prove that nursing home practitioners and assistants mistreated them or did not conduct themselves professionally.

4. Animal Bites

Animal bites often occur when a pet, such as a dog, attacks an individual. Such bites can lead to nerve damage, severe infections, disfigurement, and emotional distress. Victims of animal violence must prove that the pet owner’s actions caused the attack. Maybe the owner did not leash the pet, or he or she let it roam without supervision. Keep in mind that many homeowner’s and renter’s insurance companies compensate victims of pet bites.

There are several kinds of personal injury cases. Contact a personal injury attorney as soon as you can to determine whether you have a legitimate one.

What Is the Statute of Limitations for Filing a Personal Injury Lawsuit?

Personal Injury Lawyer

Statutes of limitations are state laws setting forth the times within which you have to file various types of lawsuits and other restrictions pertaining thereto. Each state has its own set of statutes of limitations, and they vary widely from state to state.

With regard to filing a personal injury lawsuit, the SOLs of most states give you 2-3 years from the date of your injury in which to file your suit. This time frame, however, may be considerably shorter depending on the type of personal injury lawsuit you file and against which defendant(s) you file it. Your wisest course of action is to contact an experienced local personal injury lawyer like one from Hall Justice Law Firm as soon as possible after your accident who can advise you of your state’s statute of limitations for your type of injury.

Types of Personal Injuries

Keep in mind that you can sustain a personal injury from a variety of causes, including the following:

  • Motor vehicle accident
  • Motorcycle, bicycle or pedestrian accident
  • Boating or other waterway accident
  • Medical malpractice
  • Nursing home abuse or neglect
  • Slip, trip, fall or other premises liability accident
  • Defective product accident
  • On-the-job accident

Types of Defendants

As stated, your state’s personal injury SOL may well depend on not only what type of injury you sustained, but also on the person or entity you plan to sue. For instance, many states severely limit the time in which you can file suit against a municipality, city or county if poor road conditions contributed to your accident.

Amount of Damages

Sometimes a state law will limit the amount of damages you can receive in a personal injury lawsuit, especially if the court determines that you were partially to blame for your own injuries.

Other laws, called damage caps, most often apply to the amount of punitive damages, if any, you can recover in addition to your economic and non-economic damages.

Still other laws may severely limit the circumstances under which you can sue an employer or coworker in addition to filing a workers’ compensation claim if you sustain a work-related injury. They may also limit the amount of damages you can receive in such a situation.

All in all, navigating your way through your state’s personal injury statutes of limitations and other laws can be quite tricky, at best. This is why you need the advice, counsel and representation of an experienced local personal injury lawyer who can ensure that your lawsuit is filed against the proper parties within the allotted time frame.

Various Types of Personal Injury Claims

Do I need a Personal Injury Lawyer?

Cars and truck Mishaps: These mishaps can be due to the result of dui, speeding, negligent driving, and even being distracted by a cell phone.


Product Liability: Drownings, falls, burns, and poisoning can arise from defective products.
A pressure cooker that opens before it is depressurized and triggers burns is an example of this.


Medical Malpractice: Incompetence or negligence of a physician can cause surgical errors, inaccurate prescriptions, misdiagnosis, and giving birth injuries and prevail reasons for these claims.

Leaving a surgical tool in a body during a treatment would be considered medical malpractice.


Workplace Injury: If you slip and fall, were not trained to utilize equipment correctly, or were required to utilize faulty devices or products and are harmed on the job, you might have a case for injury.

Failure to train a staff member in the appropriate use of a forklift yet enabling the worker to operate it, triggering harm to themselves or others, is an example of this.


Properties Liability: This specific claim can be made due to hazardous or faulty conditions on someone’s residential or commercial property.

Someone who falls and breaks a leg since the owner stopped working to provide a warning about an unsteady staircase can submit a personal injury claim.


Other Examples:  The above examples prevail accident claims, but there are many more.

Attacks, repetitive strain injury, and dental mishaps can result in accident lawsuits also.



The Numbers

The U.S. Department of Justice has reported that there are over 400,000 injury claims each year.

  • 52% of personal injury claims were due to automobile accidents
  • 17% was because of premises liability
  • 15% were the outcome of medical malpractice
  • 5% happened due to item liability

Alabama has a two-year time limit from the date of injury to file a claim and does follow a “contributing negligence” guideline. This indicates that if you are at fault for any part of your mishap you may not receive any financial settlement.



Victim’s Rights

Personal injury claims are meant to protect the rights of the victim. It is very important that you do not think twice to get in touch with an attorney to secure those rights.

Usually, with the help of a lawyer, you will also recover more financial compensation due to the fact that your case existed by a professional who comprehends the laws pertinent to your case.

There are several different aspects to this type of law, as a Memphis personal injury lawyer like the ones at the law offices of Patterson Bray, can explain.


 

Nursing home lawyer

Victims of Nursing Home Abuse 

Nursing Home Abuse

Nursing home lawyer

If you believe that your loved one is being abused at their nursing home, then assure them that you are doing everything you can to help them out. Abuse is a serious allegation and one that should be taken seriously with evidence and proof that the abuse is occurring. Once you know for sure this is happening, it may be in your best interest to consult with an experienced nursing home lawyer to assist you with how to go forward with this unfortunate circumstance. Your lawyer will understand how to proceed and will know what actions to take against the home in a possible lawsuit. 

What to Look Out For

If your loved one is telling you stories about staff members verbally abusing them or chastising them, then this is especially serious. Their mental health may be affected negatively by staff talking down to them or even making threats against them. Write down any of this information that your loved one provides to you as it could be quite significant and important as your case begins to develop against the nursing home. If you see signs of physical abuse that are unexplainable like bruises, cuts, bedsores, and other strange things, then it may be especially useful to document this and find out from your loved one why they occurred. If they seem visibly afraid to explain why or refuse to answer, then there is a chance that they are being physically abused. 

Don’t Panic

When you first hear of abuse from your loved one at the home that is supposed to be caring for them this can come as quite a shock. Don’t panic and jump to immediate conclusions right away. There needs to be enough information in place in order to stop the abuse from going on and eventually taking action against the nursing home. Your lawyer can assist you with all of this information gathering, evidence, testimonials, and more. 

Confide with Legal Counsel

Legal representatives who are experienced and skilled in nursing home law such as Davis & Brusca are ready to help you with your case. Contact one today if you believe your loved one is being mishandled, neglected, or abused at the home that is supposed to be making their life better. A lawsuit or claim against the nursing home could prevent this from happening to other individuals in the future as well. 

 

How a Personal Injury Award May Affect Your Child Support Agreement

If a recent injury accident resulted in you receiving a settlement for your damages, you may be wondering how that compensation might affect the amount of money you pay in child support. After all, child support is based largely on the amount of earned income of the parent. In consideration of the child’s needs (including school costs, food, medical care, clothing, and housing), any income that the support-paying parent receives, may trigger the court to increase the amount of payments. That said, not all additional income is subject to this. 

How a Judge may View the Personal Injury Award You Received

It’s important to understand that the award or settlement is not considered as one lump sum by the family court judge. Because settlements include monies for damages such as medical treatment, the portion of the award that reflects the medical bills of the injured party is not considered income. In fact, much of the settlement may not be seen as additional income. However, if there is a portion of the settlement that is intended to replace the wages that were unearned because of the individual’s injury, then that will probably be counted as regular income. For example, if the settlement was for $100,000, and $25,000 of it was to replace the wages that the person would have earned if not injured, and the rest of the award was for medical bills, pain and suffering, only the $25,000 would be counted as income. Therefore, the total amount of income considered by the judge when determining the amount of child support might not be any higher than if the individual had not been injured. Because every case is different, it is important to consult a family law attorney to be certain.

Evaluating the Needs of the Child

Of primary consideration to the family law court judge is the welfare of the child. It is the judge’s responsibility to ensure that the child’s needs are prioritized above the parents’ when making any rulings such as on child support agreements. Therefore, if you receive income via a personal injury award, your lawyer may advise you that it must be reported to the court. Not doing so could put you at risk for breaking various laws and could result in serious penalties.

Additional Considerations

It’s important to seek insight from a family law attorney about how your child support payments may be affected, because there are many factors that could impact the judge’s decision. For example, you may receive a settlement for a personal injury lawyer but at the same time you may have agreed to care for your child during recovery because you’re not able to work. This may save the other parent daycare fees and enable them to work additional hours. The judge may then hold back less of the wage portion of your injury settlement. With a family law attorney by your side to advocate on your behalf, you can ensure that your child is appropriately considered without getting taken advantage of by your former spouse.