Personal injury case timelines can vary from case to case. If you have been injured in an accident and have filed a personal injury lawsuit, you probably want to get compensated quickly. However, you do not want to get shorted on the money that you truly deserve. The general rule is that you can settle any personal injury claim as long as you are willing to take less money and settle the case with the other party.
To Settle or Not to Settle
Before you act quickly and decide to settle your personal injury claim, you first want to know the strengths and weaknesses of your case. You should discuss you’re your attorney whether a quick settlement is beneficial or whether you should wait it out for the possibility of a bigger payout. Your lawyer will review your case, compare it to similar cases, weigh the severity of the injury claim, look at the time passed since the injury, and the maximum medical improvement of your injuries.
Insurance companies also will typically make a low-ball settlement offer within the first few weeks from the time of the accident. If you want to accept that offer, you will get your claim done quickly. If you do not accept the offer, your lawyer will start a negotiation process with the insurance company and the other party to get you a max settlement offer. This will provide extra time for all parties to evaluate the injury, determine the full extent of your injuries, and go through the discovery process.
It usually takes a couple of months to negotiate the claim, and then a couple of weeks to get the compensation delivered after the settlement papers have been signed and executed. Personal injury cases also may take longer if you do not settle your case. Once this happens, your case will go to trial. At this stage, the jury will decide what your injury is worth. The trial itself may last up to two weeks. Once the trial is over, there may be appeals and motions, which can take months.
To get the best settlement possible, one has to be patient with the process and use all the best negotiating strategies that are available. Taking the first available offer is not a good idea and one of the best negotiating strategies is to do the walkaway, which means walk away from any offer until you get the max offer.
An experienced personal injury attorney is beneficial because they know how to keep your case moving along through the legal system and also give you tips on whether you can get a better settlement than the one you have been offered.
Authored by Kourosh Akhbari, LegalMatch Legal Writer
Torts are lawsuits that involve personal injury or damage to property and they are some of the most commonly litigated issues in the United States. The most common torts are: battery, assaults, property damage, and intentional infliction of emotional distress.
Here are a few examples of tort lawsuits:
In personal injury cases, the victim can recover for any pain and suffering that they endured. Though the phrase “pain and suffering” is commonly used, what exactly is it and how is it calculated?
What Is Pain and Suffering?
Pain and suffering comes in two forms: physical and mental.
Physical pain and suffering is the actual pain and discomfort that the victim endures. It includes both the pain the victims incurs during the accident and any future pain the victim is to endure. For example, when a car hits a person, the present pain he suffers may be a broken leg. Moreover, the future pain he will endure may be rehabilitation of the leg.
Mental pain and suffering is the psychological effects from a physical injury. They include mood disorders, loss of consortium, emotional distress, anxiety, insomnia, and humiliation. For example, after your boss pushes you and berates you in front of coworkers, you may suffer from mental pain and suffering in the form of emotional distress.
How Do I Calculate Pain and Suffering?
There is no chart to calculate the amount a person’s pain and suffering is worth. To award such damages, the judge will instruct the jury to use their best judgment to determine a reasonable amount.
Moreover, in some states, a person’s pain and suffering can be multiply. This depends on how much the accident shocks the conscience of the jurors and/or general public.
Though there is no solid amount for pain and suffering, the courts use the following factors to calculate pain and suffering:
Consulting an Attorney
If you are involved in a personal injury case, please consult a personal injury attorney. An experienced attorney can help you tell your story and help you obtain as much pain and suffering damages as possible.
Authored by Mabel Yee, LegalMatch Legal Writer
What Are Defective Product Claims?
Defective product claims involve products that have caused injury or loss to a consumer of the product. These types of claims generally fall under the category of personal injury laws known as “product liability laws.” This refers to a manufacturer’s responsibility to ensure that their products are free from defects.
In terms of liability, defective products are categorized under three main types: design defects; manufacturer defects, and warning label defects. Each of these categories is associated with different regulations and standards that must be strictly followed by the manufacturer or distributor.
What Are Some Examples of Defective Products?
Some types of products may be more susceptible to defective products claims than others. These are often products that are inherently more dangerous or require special care when using or operating them. Also, the profile of consumers may also be considered when dealing with the safety of products (for instance, products that are intended for use by children or infants).
Some common examples of defective products include:
For instance, a common product defect is where a children’s toy fails to include adequate warning regarding dangerous uses of the product. This might be considered a “warning label” case and could lead to a legal remedy if it causes injury to a consumer.
Are There Any Legal Remedies for Defective Products Claims?
Defective products claims usually result in damages awards for the injured or affected plaintiffs. These generally require proof that the injury was caused by the normal use of the product according to instructions and guidelines from the manufacturer. Alternative remedies may include product recalls, or an injunction requiring the defendant to adjust their manufacturing processes.
Some defective product cases can affect a large sector of the population and may involve significant damages awards. These cases are often filed as class action lawsuits.
Do I Need to Hire a Lawyer for Help with Defective Product Claims?
Defective products can sometimes lead to serious bodily injuries or significant financial losses. It may be in your best interests to hire a qualified personal injury lawyer if you have suffered any injuries or losses due to a defective product. Your attorney can help explain your rights and options under state and local laws. Also, if you need to appear in court or if you need to file under class action laws, your attorney can represent you in court.
Authored by Jose Rivera, LegalMatch Legal Writer
What Are Trip and Fall Accidents?
Trip and fall accidents occur when a person trips on an object on or near the floor, resulting in injury. The injury usually results from the person hitting the floor, which can cause injury to the person’s hips, back, neck, arms, and other body parts. Trip and fall cases are sometimes called slip and fall cases.
However, “slip and fall” may refer to incidents that involve a slippery or wet floor, whereas “trip and fall” often indicates a fall due to an object. In court, these are both treated similarly under local and state personal injury laws.
Issues to Consider When Proving Trip and Fall Accidents
Proving fault or liability in a trip and fall case can sometimes involve some very technical details. In most cases, trip and fall claims are based on the negligence of the shop owner or business owner. In order to prove trip and fall liability, it’s necessary to show that the defendant owed the victim a duty of care, that they breached this duty of care, and that the breach was the cause of the person’s injury.
Proof of liability can often be provided through evidence such as photos, video, witness testimony, and written statements. Other points to consider in a trip and fall claim may include:
What Are Some Legal Remedies for Trip and Fall Claims?
Trip and fall claims often result in a monetary damages award, issued from the defendant to the plaintiff. This will often cover losses such as hospital costs, medical bills, and other expenses. These types of damage may often be subject to state laws that limit damages.
Another remedy may include an injunction, which is a court requirement that the liable party fix or correct the conditions that caused the slip and fall claims.
Lastly, many trip and fall claims may cause the victim to miss work or lose the ability to generate income in the future. The court may consider these factors and issue damages awards for these aspects if needed.
Trip and fall accidents can sometimes result in serious injury and/or losses to the plaintiff. You may wish to hire a personal injury lawyer if you need help filing a legal claim for a trip and fall incident. You lawyer can help you review and file the paperwork that is necessary to process your claim. Also, your attorney can be on hand to represent you during the actual proceedings and hearings that may be involved.
Authored by Jose Rivera
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