Thursday, June 20, 2013

Rebutting the Defendant's Evidence in a Personal Injury Case

Fighting a car accident claim isn't easy. The insurance company will oppose your claim. Hire the services of an experienced personal injury lawyer to fight your car accident claim. It is not enough to show that a defendant engaged in negligent or careless conduct. To recover in a car accident case, you must prove not just negligence, but also that this negligence was the legal cause of your injuries. An experienced personal injury attorney can show legal cause.

Legal cause is shown if the negligence was a substantial factor in producing the harm. An act is not considered a substantial factor in producing the harm if other factors actually caused the harm and the defendant’s act was harmless until acted upon by those other factors. Proving negligence requires skill and expertise and is best left to an expert - an experienced personal injury attorney.

During trial, the defense attorney presents the testimony of all witnesses it has to oppose the plaintiff’s case. In addition, the defense offers any other evidence it possesses to support its defense to your claim, such as photographs of the vehicles showing very little property damage. Your personal injury lawyer gets the opportunity for cross-examination after the insurance attorney finishes questioning each defense witness. The roles the lawyers played during the presentation of your part of the case are now reversed. The defense lawyer presents the evidence and your personal injury attorney then attempts to punch holes in the believability or significance of that evidence.

Thursday, June 13, 2013

How to Approach Your Personal Injury Lawsuit

You should discuss with your personal injury attorney the different ways your case could be approached, and whether the attorney would be willing to handle it in the way you prefer. It is important that you have a comfortable working relationship with your personal injury attorney.

An experienced and honest personal injury lawyer will not charge anything for an initial consultation about possibly representing you and your claim. After giving the personal injury attorney a general idea of what your claim is about, there are a few basic things to find out from the attorney at the outset of your first interview. Find out a little bit about the attorney’s background and experience.

Asking to approach a case in a certain way when you first hire your personal injury attorney does not mean that you are stuck with that approach. As the case goes along, you are always free to ask the attorney to change tack.

You may get tired of the whole process and want your personal injury attorney to wrap things up as soon as possible. Or, the cost of taking your case through the lawsuit process may begin to eat up too much of your potential compensation. On the other hand, as the case goes along it may seem to you and your attorney that the odds have improved of obtaining a higher settlement than you originally anticipated, and so you may be willing to have your personal injury attorney fight longer and harder than you were initially.

Succeeding in a Personal Injury Claim

Succeeding in a personal injury claim requires the ability to read technically complex medical records, knowing the documents needed to prove your claim and knowing where to get them, then put the facts and evidence before the jury and convince the jury. Convincing the jury requires skill and expertise. An experienced personal injury attorney has what it takes to get you the compensation you rightly deserve.
An experienced personal injury lawyer knows that a personal injury can be a very stressful and difficult experience. It is all confusing new territory for most people. For an experienced personal injury attorney, you are a person, not just another case or a number. You will receive personal service and be treated with respect. He or she will listen to you and keep you informed of what is going on and let you know what to expect at each stage. If needed the attorney will arrange for an expert witness to testify in support of your claim.
Before you testify, your personal injury attorney will prepare you for the testimony and also advise you on how to deal with the questions that the defense attorney may ask you. How you testify can influence the outcome of your personal injury case to a great extent. When you hire an experienced personal injury lawyer, you can rest assured that if you are not treated fairly by the insurance company, then he or she will do whatever it takes to get you justice.

Monday, June 10, 2013

plaintiff suffered injuries in an auto accident

This plaintiff suffered injuries in an auto accident. Unfortunately, at end of our conversation I learned Mrs. Mbah has limited tort auto insurance.  Based on the description of the accident and injuries involved, I explained it would be very difficult to prove Mrs. Mbah or any of her children suffered a “serious injury”.  In PA, an individual injured in a motor vehicle accident insurance is unable to recover non-economic damages if they carry limited tort insurance unless they prove an impairment of bodily function or serious permanent disfigurement.  The injuries described to me are for the most part likely soft tissue, i.e. neck sprain or strain.  This and the fact the accident occurred at a low speed while Mrs. Mbah’s vehicle was stopped and the second vehicle backing out of parking space would not help to overcome the serious injury threshold.

The plaintiff seemed to understand my explanation of the limited tort issue.  She does understand we would not accept her case.   I apologize that I did not tell Plaintiff that NAPIL would look for another attorney who might take the case, or at least agree to accept the case and monitor whether the injuries turn out to be more severe.    I will call her again today and refer her back to you.

Thank you again for considering our office for the referral.  

Saturday, June 1, 2013

Succeeding in a Personal Injury Claim

Succeeding in a personal injury claim requires the ability to read technically complex medical records, knowing the documents needed to prove your claim and knowing where to get them, then put the facts and evidence before the jury and convince the jury. Convincing the jury requires skill and expertise. An experienced personal injury attorney has what it takes to get you the compensation you rightly deserve.

An experienced personal injury lawyer knows that a personal injury can be a very stressful and difficult experience. It is all confusing new territory for most people. For an experienced personal injury attorney, you are a person, not just another case or a number. You will receive personal service and be treated with respect. He or she will listen to you and keep you informed of what is going on and let you know what to expect at each stage. If needed the attorney will arrange for an expert witness to testify in support of your claim.

Before you testify, your personal injury attorney will prepare you for the testimony and also advise you on how to deal with the questions that the defense attorney may ask you. How you testify can influence the outcome of your personal injury case to a great extent. When you hire an experienced personal injury lawyer, you can rest assured that if you are not treated fairly by the insurance company, then he or she will do whatever it takes to get you justice.

Tuesday, May 21, 2013

Product Liability & Personal Injury

You must demonstrate that the product was unfit for its actual intended use or any use that is reasonably foreseeable; and that you were “in privity,” with, the defendant. The manufacturer and other defendants will not give up without a fight. You may be injured but there is a lot at stake for them. You should therefore hire the services of an experienced personal injury attorney.

Your personal injury attorney assist you gather the evidence needed to prove your claim. Your claim will fail if you do not provide evidence to back your injury and your compensation claim. Personal injury claims based on product liability are complex. In a products liability case, both sides will need expert witnesses to establish whether the product was defective. You cannot rely on the jury’s common sense and experience alone to make this determination. Often this is beyond the understanding of the average juror or judge and will require detailed information. You will need experts to testify in support of your claim.

Your personal injury attorney will arrange for expert witnesses to testify in support of your claim. A lot of effort must be put in to gather evidence needed to prove your claim. Often because of your injury, you may not be in a position to gather the required evidence. Courts require evidence. Period. Your personal injury lawyer will work hard to collect the evidence required to prove your claim and get you the compensation you rightly deserve for your injuries.

Monday, May 13, 2013

Factors Determining Liability in a Personal Injury Lawsuit

The court will consider many factors when determining liability. An experienced personal injury attorney knows these factors. The issue of liability is one of the first important issues in a personal injury lawsuit and many a times it is not “cut and dried” but needs technical analysis. Determining liability in a personal injury lawsuit is complex. You will need the services of an experienced personal injury attorney. 

When choosing a personal injury attorney you want someone who understands what you and your family are going through financially, emotionally, as well as physically. An attorney who is compassionate has a good understanding as to what you're going through, and how the accident has impacted your life.

Your personal injury lawyer will review your case and advise you of the damages you can claim. After the issue of liability is fixed, you must determine the damages are seeking. This is where the rubber meets the road in a personal injury case. Depending on the facts of your case, your personal injury attorney can advise you on the types of damages you are entitled to. Generally there are two types of damages—special and general. Special damages are often referred to as economic damages and can be established through receipts, invoices and bills. General damages however are less exact and includes subsequent sufferings, loss of wages, loss of the ability to lead a normal life, etc. Your personal injury lawyer will work zealously to ensure that you get the damages you are entitled to.