Mirror of Justice » car accident

Birmingham Personal Injury Law: Car Accident Litigation

Law Article — Sun, 19 Jul 2009 23:07:45 +0000

A car accident can happen to the best of us. No matter how safe you drive, the Birmingham roads are dangerous places. Several major interstates merge in Birmingham, bringing with them thousands of vehicles including large, commercial trucks that could crush even the sturdiest SUV on the highway.

If you are injured in a car accident that was caused by someone else’s negligence, you are likely entitled to compensation for your injuries from the at-fault driver’s insurance company. You will probably find it very challenging to get the right value for your injuries, particularly if you do not have a lawyer.

If your lawyer is able to settle with the insurance company without filing a lawsuit, you will be very happy to have avoided ligitating your injury case. We wish it was that easy all the time. If the insurance company, however, won’t offer you a fair settlement, your lawyer will need to file a lawsuit in order to fight for just compensation.

When your lawyer files a lawsuit, the litigation has begun. A lawyer for the at-fault driver, often paid for by the insurance company, will enter an appearance in the case. The court will issue a cause number for your case and suddenly you have become the plaintiff in a lawsuit.

The process of filing a lawsuit and pursuing your claim against the defendant and his or her lawyer is known as litigation. You have now opted to use the local or state court system, a public entity, to pursue your claim against the at-fault driver. It is important that you understand that this is a major step and not one to be taken lightly. You need an experienced Birmingham lawyer on your side to make sure that the litigation goes smoothly.

An experienced Birmingham personal injury lawyer is here to make sure that your car accident claims are handled fairly and that you get the compensation that you deserve.

Drunk-driving Accidents

Law Article — Tue, 14 Jul 2009 13:03:04 +0000

Drunk driving accidents are unfortunately quite common. Drunk driving is one of several “outside factors” which can sway your personal injury case decision in your favor – using a cell phone while driving is another outside factor.
Outside factors are the actions of the other driver that didn’t directly cause the accident but contributed to, and prove, negligence. A drunk driving accident may have been caused by the driver speeding, failing to signal or running a stop sign. The drunkenness is incidental, but highly relevant.
Because of this, when an accident involves drunk driving the drinking is generally considered an intangible. So even if there’s no charge of drunk driving, it’s important to bring up anything alluding to the driver drinking. For example, smelling alcohol on the driver’s breath or seeing empty bottles in the car. Emphasising these things can help your case.
Aside from drunk driving accidents, cell phone accidents are increasingly common. If the other driver was talking on a cell phone when the car accident happened, you’re likely to win a quick personal injury settlement.
Cell phones have been proven to cause accidents by distracting the driver. Some studies have shown that cell phones are responsible for the same number of accidents as drunk driving. Mentioning this to the insurance adjuster will strengthen your case, but they’ll still put up a fight. (There are also studies claiming that cell phones cause very few accidents, but those studies can be quite easily debunked.)
Before talking with the adjuster about this factor, research both sides so you know what to say – do a search online for studies relating to the dangers of cell phone use while driving. The study most likely to be used to counter your claim says that only a small percentage of accidents in North Carolina were caused by cell phone use. The study involves statistics from the 1990’s and doesn’t show the number of actual cell phone users in North Carolina at that time.
When drunk driving accidents happen a law has clearly been broken and charges will usually be made against the driver. That indictment alone should have the insurance adjuster hurrying to make an offer.
With cell phone use it isn’t that easy since many states don’t have laws against using them while driving. Without the element of a broken law and resulting charges, it may be more difficult to prove the driver was using a cell phone. This will come down to your word against theirs, but that’s okay. If you know you’re right, then make sure the adjuster realizes that if your claim goes to court, you will demand the other driver’s cell phone records. This will prove your case.
If your case involves a drunk driving accident or a cell phone accident, make sure to stress it in your demand to the insurance company. Drunk driving accidents are so common that the mere mention of the word ‘drunk’ will do most of the work for you. With cell phone use, reference at least one study. This’ll show the insurance adjuster you know what you’re talking about and that your argument is solid.

Contact A Drunk-Driving Accident Lawyer In Los Angeles To Win Your Claim

Law Article — Tue, 14 Jul 2009 07:02:06 +0000

One dilemma that continues to thrive in Los Angeles, California is the number of drunk driving accidents that citizens fall victim to each year. With the numbers increasing all the time, it is becoming ever more likely that you or someone you know will also become a victim. This growing concern makes it progressively more necessary for you to be aware of your legal options. There are many lawyers in Los Angeles that specialize particularly in these types of accidents and who are willing and able to offer you every advantage necessary to winning a just settlement. If you aren’t entirely sure if you need a drunk-driving accident lawyer, the best way to find out is to convene with one and converse about your claim. Oftentimes, law firms will give inexpensive or even free consultation time to those who aren’t sure whether or not they have a valid claim. If you’ve obtained injuries from your accident, it would be wise for you to consult with an accident lawyer as quickly as you are able to after the event. You should also receive any medical attention you may need for your injuries immediately. Sometimes victims claim that their wounds are too small to require medical attention. However, small injuries that are caused during drunk-driving accidents and are ignored can sometimes result in more serious and costly medical complications later in life. To avoid this scenario, it would be wise to consult the expertise of medical professionals, regardless of the triviality of your injury. After you’ve been advised by a Los Angeles drunk-driving accident lawyer, he or she will be able to offer you a precise calculation of the value of your claim. The settlement you obtain will help you pay the medical fees that were incurred in the care of your injuries. Many victims who are unable to work because of the injuries they’ve received also use the money to pay for other expenses, like a mortgage payment, utility costs, and more. An informative and educated Los Angeles drunk-driving accident lawyer will determine the amount of your needs and your expenses when deciding the fairest value for your claim.Once your lawyer has helped you earn your settlement funds, it usually takes a certain amount of time for the money to reach you. In addition, it is typically dispersed in monthly installments over another period of time. Some find that these installments are not enough to immediately cover the medical fees they have incurred while receiving care for their injuries. If you find yourself in a similar situation, your lawyer can recommend to you a pre-settlement lender. Most lawyers know reputable lenders who offer pre-settlement advances to clients in need. These loans can help cover the cost of medical expenses that may be due before your settlement arrives in its entirety. This means you can pay the bills you have due now even though you won’t receive your settlement funds until later.

Joel McLaughlin
Learn more about Los Angeles Car Accident Lawyers.

Drunk-Driving Accident Injuries In Los Angeles Should Seek Legal Aid

Law Article — Tue, 14 Jul 2009 01:01:53 +0000

You may be one of the safest drivers in California, but that doesn’t mean you aren’t susceptible to becoming a victim of a Los Angeles drunk-driving accident. The number of drunk drivers on the roads continues to skyrocket in Los Angeles, California particularly, but the number of victims is increasing all over this beautiful state. Although you may be on the lookout for potentially dangerous drivers around you, most victims become involved or injured in drunk-driving accidents at a moment when the crash is least expected. Simply stated, you could be injured in one of these accidents at any time, so it’s important for you to know where you can go for legal consultation. If you’re one of many who have recently become an injured victim in this type of accident, you need to contact a specialized drunk-driving car accident lawyer in LA.Some of the most important aspects of your accident case that you need to know are your rights as a drunk-driving accident victim. Your rights will likely be unique to your role in the accident. For example, if you were a victim in another car hit by a drunk driver, you are likely to have different rights and responsibilities than a passenger who knowingly got into a car with a drunk driver. It is important for you to understand all of these rights as you and your lawyer work together to defend your case in court.To understand the rights you possess in your specific circumstances, you should seek the representation of a specialized drunk-driving accident lawyer. Lawyers specialize in a variety of legal areas because each one is different, whether slightly or greatly, from another. A specialized accident lawyer will likely offer you better legal counsel regarding your case than one who specializes in a completely different segment of the law.Although hiring a lawyer as soon as possible following your personal injury in California is important, the most important priority you have is to take care of your injuries. Contact a medical professional immediately following your accident. He or she will be able to determine how serious your injuries really are. A question that most lawyers will ask a new client during their first consultation together is “How serious are your injuries?” Only a professional doctor can determine the answer to that question, so visiting your physician following your accident is crucial, even if your wounds seem trivial.One of the most common errors that accident victims make when looking for a lawyer is choosing one by price. Unlike a trip to the Nordstrom clearance rack, you may not be getting more bang for your buck when you shop for a lawyer based on the fees they charge. Not all lawyers come out of school equally, unfortunately. A lawyer’s education must consist of not only exceptional persuasion and knowledge, but moral character and ethicality. There really is no price tag that can be placed on honest representation, so don’t settle on a potentially shifty attorney or law group simply because they’re willing to offer you a better deal for their services.

Joel McLaughlin
Learn more about Los Angeles Drunk Driving Accident Lawyer
Read the original article.