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Personal Injury Cases

Damages Allowed in Personal Injury Cases

Personal Injury Cases
If you have been injured in an accident, and another party is to blame, you may be able to obtain monetary damages from that person or business to compensate you for medical expenses, loss of income and pain and suffering as a result of the accident.

There are a variety of types of damages allowed in personal injury cases. Those damages can be divided into several categories. First, there are compensatory damages and punitive damages. There are also two types of compensatory damages: economic and non-economic.

Compensatory damages are damages that are intended to compensate a person for a loss or problem relating to a personal injury, including monetary losses, pain and suffering and physical impairment. Punitive damages are intended to punish the negligent party for its wrongdoing, and aren’t specifically related to a loss the plaintiff suffered.

For example, if a company decided to dump toxic waste into a creek instead of disposing of it safely, and as a result a woman living next to the creek developed cancer, her compensatory damages may include amounts for her medical expenses, her lost wages, and her pain and suffering. In addition to these damages, the jury may also decide to award punitive damages, which are strictly intended to punish the company for its wrongdoing. Punitive damages are somewhat rare in most cases, plaintiffs only receive compensatory damages.

Compensatory damages can be further divided into economic damages and non-economic damages. Economic damages are those damages that result in an identifiable economic loss. For example, economic damages include medical expenses, lost wages, the cost of hiring a helper or nurse, and the cost of special transportation or medical equipment that’s needed as a result of the accident.

Non-economic damages are damages for harm relating to the injury sustained that are difficult to quantify using a specific dollar amount. Instead, non-economic damages are awarded to a person who has suffered a diminished quality of life as a result of the accident. Some examples of non-economic damages include emotional distress, pain and suffering, embarrassment or humiliation, loss of enjoyment of life, loss of consortium (sexual relations) and scarring or disfigurement. Although non-economic losses can be difficult to quantify, they are an important component of a personal injury case.

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Wrongful death claim

Wrongful Death

Wrongful death claim

If you watch the evening news or read the local paper, you’ve probably come across the term Wrongful death. Legally speaking, wrongful death is a term used for a type of action that can be filed by the heirs and beneficiaries of a person who was killed because of the wrongful conduct of another person. Wrongful death laws are intended to provide compensation to help support the dependents of the deceased.

Conduct that can result in a wrongful death claim include negligence, such as reckless driving, or intentional crimes such as assault or murder. In most states, the standard of proof for wrongful death cases is a preponderance of the evidence meaning that the injured party has to prove to the jury that there is a greater than 50% chance that the defendant’s negligent or criminal actions were the cause of death. This differs from criminal cases where the prosecutor must show proof beyond a reasonable doubt, a much higher standard. Therefore, it’s often easier for survivors to prove a wrongful death case than it is for prosecutors to prove a criminal case. One well-known example is the O.J. Simpson case where the survivors of Ron Goldman and Nicole Simpson chose to sue for wrongful death and won after O.J Simpson was acquitted in the criminal case.

Wrongful death laws are different from state to state, and they govern who can sue for wrongful death and whether there are any limits that should be applied to damage awards. In general, a surviving spouse, children, or next of kin can recover for wrongful death. However, in some states, only minor children, not adult children, can sue for the death of a parent.

There are some exceptions to who can be sued for wrongful death. In order to promote strong family relationships, some states don’t allow a person to sue another member of his or her family for wrongful death, However, many states have dropped this rule, because it has at times prevented families from collecting insurance proceeds. It can also be hard to sue states or local governments, or the federal government for wrongful death of the rules vary among jurisdictions.

In order to sue for wrongful death, it must be shown that the defendant’s actions (or failure to act when he should have) were the immediate and foreseeable cause of the deceased’s death. In wrongful death cases, state laws govern what amount of damages can be recovered. Usually, wrongful death cases include compensatory damages, which provide an amount of restitution for lost income, medical and funeral expenses, and economic support in an amount the plaintiffs would have received if the deceased had not died. In some cases, the survivors can also recover for loss of companionship and sexual relations. Calculating the exact amount of damages requires the consideration of a number of a variables, such as the amount of time the deceased would have continued working and the deceased’s salary, and the deceased’s life expectancy, including physical and mental health.

In some wrongful death cases, punitive damages (which are intended to punish the defendant) can be awarded if the defendant’s actions were extremely reckless. The jury decides whether there should be an award of punitive damages. Any punitive damages that are recovered are generally divided among the survivors by statute.

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Medical Malpractice Claims

Defensive Medicine

Medical Malpractice Claims

Defensive Medicine: Many Doctors Over-Treat Patients Due to Fear of Medical Malpractice Claims

The skyrocketing cost of medical malpractice insurance premiums has changed the way many physicians practice medicine, prompting some to refuse certain patients with complex medical problems or to order unnecessary tests on other patients. Such defensive medicine can involve unwarranted lab tests or x-rays or even more invasive procedures to help ensure certainty regarding a diagnosis. Even more troubling for the most vulnerable patients, defensive medicine can result in a surgeons refusal to perform a complex operation on a sick patient for fear of a negative outcome and eventual malpractice lawsuit.

A recent study published in the Archives of Internal Medicine revealed that many patients receive too much medical care and treatment. The study found that 42 percent of American primary care physicians believe that patients receive more aggressive medical care than is necessary. The study also revealed that many doctors feel they must provide excessive care to patients, due in large part, to concerns about being the subject of medical malpractice claims.

The study involved 627 physicians, most of whom had practiced medicine for nearly 25 years. Of the doctors surveyed, just 6 percent expressed concern that patients were receiving too little care. Most doctors reason that they could risk medical malpractice lawsuits if they fail to take every conceivable measure to cure or prevent an illness. They admitted over-treating and over-testing, in order to attain clinical performance standards, despite the small amount of time they have to actually consult with each patient.

The vast majority of physicians surveyed a €“ 83 percent a €“ believe they could be sued if they opted not to order every test that is indicated for a particular situation. On the other hand, just over 1 in 5 doctors believe they could be sued for ordering an unnecessary test.

Nearly half of the survey respondents reported that nurse practitioners and physician assistants provided more aggressive treatment than primary care doctors, and 61 percent indicated that sub specialists also provide more aggressive treatment. Experts believe that defensive medicine could be mitigated if doctors more effectively communicated with their patients about their illness and the pros and cons of various tests.

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Personal Injury Lawsuits

Mediating Personal Injury Lawsuits

Personal Injury Lawsuits

Mediating Personal Injury Lawsuits

Personal injury cases run the gamut from slip-and-fall accidents to auto wrecks. Insurance companies are often involved, and most parties generally want to resolve cases as economically as possible. Mediation is one option to accomplish this.

Mediation is a form of alternate dispute resolution (ADR), in which the parties voluntarily agree to work with an independent third party a mediator to resolve their disputes. Unlike a court trial where one party is the winner and the other party is the loser, mediation involves finding a workable solution to which all parties can agree. A mediated settlement is formalized with a legally binding contract signed by all parties.

Mediation is a non-binding procedure, meaning that no party can be forced to consent to an agreement. The mediator does not have the decision-making authority that a jury, judge or arbitrator has. Even if the parties previously agreed to mediate their dispute, any party is free to walk away from the process and pursue the matter in the courts.

Mediation also affords the parties a level of confidentiality that is not available in court cases. Parties cannot be forced to disclose information. If a party opts to make admissions or disclose confidential information, those statements or information cannot be introduced in court or otherwise used outside the scope of the mediation itself. This confidentiality enables the parties to freely and productively negotiate their dispute.

Unlike court trials or arbitration hearings, which are determined based on the underlying facts of the incident and the applicable laws, mediation allows parties to make agreements based on their own interests. The parties are free to allow their choices to be guided by business interests or personal preferences. When the dialogue within a mediation is focused on each party as true interests, a mutually satisfying result is often possible.

Parties to a personal injury dispute often choose to mediate the case to avoid a trial involving significant attorney as fees and other costs and an uncertain outcome. When both sides are faced with uncertainties regarding the outcome, a mediated settlement agreement can be a good solution. Furthermore, taking a case to trial can take months or years and usually results in at least one party being unhappy with the outcome.

In mediating a personal injury case, the parties and their lawyers work with the mediator to devise a settlement that everyone can live with. Plaintiffs can be compensated for their property damage, medical costs, lost income, and pain and suffering. On the other hand, defendants and their insurance companies can end up paying far less than it would have spent in legal fees and costs to defend the case at trial, and a potential sizable jury award. A good mediator will help all parties see the strengths and weaknesses in their respective cases, enabling them to compromise and arrive at a result which is acceptable to both.

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Litigation Attorney

Choosing a Litigation Attorney

Litigation Attorney

Choosing a Litigation Attorney

If circumstances have required you to get involved in litigation, you may find the process of selecting an attorney to be overwhelming. There are, however, some steps you can take to make the selection process a bit easier.

First, you should consider hiring someone who specializes in your type of case. If you had an automobile accident, consider hiring an attorney who exclusively practices personal injury law and preferably one with a track record of success in car accident cases. If you were wrongfully fired, hire a litigator with experience in employment rights.

Since you and the attorney you choose will be working very closely together, it’s important to choose someone with whom you feel comfortable. How long has the attorney been practicing law? Has the attorney ever handled a case like yours before? What was the outcome? How much are fees and how are they paid? Does the attorney seem like he or she is concerned about your case? Does the attorney seem knowledgeable about the area of law? Does the attorney articulate himself clearly and effectively? Does he have a credible and trustworthy demeanor? Remember, a judge or jury may be making the same assessments down the line.

With respect to fees, most attorneys will take a personal injury case on a contingency basis, meaning that you only pay if they succeed, typically about one-third of the judgment or settlement amount. You may be able to negotiate the percentage, especially if your damages are significant and your case against the potential defendant strong. In addition to contingency fee structure, you should also be aware that many attorneys will bill for out of pocket expenses such as $0.25 per page for photocopies, $1.00 per page for faxes and cost of hiring experts and consultants. Again, depending on the strength of your case, you may be able to negotiate these terms. If you’re involved in a commercial or contract dispute, most such cases are billed on an hourly basis. If you’re a plaintiff, a hybrid fee structure whereby you would pay a lower hourly fee but provide the lawyer with a percentage of the settlement may be an interesting option.

It’s also a good idea to find out how long the attorney believes the case will take. Obviously, many factors are beyond your attorney’s control, but you should be able to determine a general timeline and what type of resources the attorney will commit to your case. Its also important to know how you will be kept updated throughout the proceeding. It can be very frustrating if your attorney does not keep you informed on the status of your case. Ask the attorney how he or she plans to communicate with you and how often you can expect a status report.

Choosing an attorney is a big decision. Before you decide to choose one based on the number of television commercials he or she runs, or the size of the yellow pages ad the firm maintains, it as important to sit down with the attorney to make sure the relationship is the right fit for your case.

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