Mirror of Justice » Personal Injury

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.

Personal Injury Negotiating – Be Prepared to Walk Away

Law Article — Sun, 19 Jul 2009 17:07:43 +0000

Described by Roger Dawson, author of “Secrets of Power Negotiating” as the “most powerful” negotiating pressure point, the ability to walk away is critical in getting the best possible dollar value from an injury case.
“If there’s one thing that I can impress upon you that would make you a 10 times more powerful negotiator, it’s this” says Roger, “Learn to develop walk-away power.”
I’ve often seen this in mediations. These, in injury cases, often take place when the lawsuit is nearly done. There may be a trial date scheduled. (Which, by the way, greatly increases the chances of a successful settlement.)
Mediations are a non-binding way to resolve disputes. They usually take place at the office of one of the lawyers. A mediator is chosen by mutual agreement of both sides. The mediator will usually be a retired judge or an experienced lawyer.
Everyone meets in a conference room where each side has a chance to tell his story. The mediator then lays the ground rules and the sides split up into separate rooms.
The mediator then travels from room to room working with each side to reach a resolution.
Be Patient
One of the keys to a successful mediation is to feel no pressure whatsoever about settling the case. The best position to take is: we’re ready to go to trial so if we can’t get what we want to today “we’ll see you in court.”
Just having the right attitude can help you get the case resolved. But, if necessary, you leave at the end of the mediation and you have additional chances to settle the case before trial and even after trial starts.
My Roman Flea Market Experience
Maybe it wasn’t a flea market but it was definitely outdoors and in Rome. My Italian companion of the day was helping me to buy a coat and guiding me through the process.
When I found a coat I liked (loved, actually) I was coached to act disinterested by stating it was not exactly what I was looking for. I made a very low offer which was promptly rejected.
We visited some other booths then returned. The coat really did not meet my needs I explained, raising my offer just a little.
After nearly an hour of this exercise the vendor sold me the coat for far less than I had expected to pay. The vendor was obviously angry. But I was prepared to walk away. And it paid.
Point of No Return
“The minute you pass the point when you’re willing to say, ‘I’m prepared to walk away from this,’ you lose in the negotiations” says Dawson.
Dawson tells the story of his daughter Julia who fell in love with a used car. The salesman knew it and the price showed it.
When Julia asked her father to help negotiate a better deal he asked her, “Julia, are you prepared to come home tonight without the car?”
“No, I’m not” she said, “I want it. I want it. I want it.”
“Julia” he said, “you might as well get your checkbook out and give them what they’re asking, because you’ve already set yourself up to lose in the negotiations. We’ve got to be prepared to walk.”
And walk they did. Twice. And bought the car for $2,000 less than Julia would have paid for it.
Conclusion
Be prepared to walk away in an injury case or any other type of negotiating.

Minnesota Personal Injury Attorneys

Law Article — Sun, 19 Jul 2009 05:07:51 +0000

Anyone who suffers a personal injury caused by another individual or a company, government agency or any other entity should realize the importance of securing the services of a personal injury attorney. Attorney representation provides you with the professional assistance that is so necessary when dealing with the intricacies of civil law, and also sends a signal to whoever caused your injury that you are serious about being compensated.
Clearly, auto accidents are of primary importance when discussing the role of personal injury attorneys. Minnesota has its per capita share of auto accidents caused by many factors, which include the scenic nature of some of our highways distracting drivers. If you are in an accident and have reason to believe the other driver is at fault, there are standards for bringing suit in Minnesota.
Of course, if you believe you may be at fault for the accident, you will need quality legal help to assist you in arranging for a settlement.
Bicycle accidents are an increasing phenomenon, as Minnesotans and people across the country have increased bicycle usage for both exercise and transportation purposes. Many accidents are car-on-bike and most of these involve failure of the motor vehicle operator to recognize the presence and rights of the bicycle rider. Again, if you are injured while riding, you need professional assistance,as most such accidents are the motor vehicle operator’s fault.
Similarly, both pedestrians and motorcyclists are familiar with the tendency of so many car and truck drivers to fail to acknowledge their presence on roads. With the advent of wide-spread cell phone usage this phenomenon has become even more prevalent. If you are struck while running or just crossing the street, you must seek a personal injury attorney that know the ins and out of Minnesota law.
Despite increased crack-downs and more harsh punishment for drunk driving, there are still many accidents involving drunk drivers striking other vehicles, bicycles, and pedestrians. Select a Minnesota personal injury firm to get the specialist of choice.
One area of increasing activity in legal processes is product liability cases. With so many foods and various other products being imported from China and other underdeveloped countries that have substandard manufacturing and food handling procedures, it is important to have an attorney who knows how to trace the responsibility back to the people or corporate representatives who should compensate the victims of faulty products.
Among the many other areas of personal injury law is medical malpractice. Medical malpractice is a very complicated situation and needs thorough investigation by a personal injury attorney. Often, medical malpractice results from the simple shortage of doctors, nursing care and other ancillary professional and even custodial personnel in a hospital environment. In an era with so many antibiotics available, some facilities have become lax in their handing of intrusive medical devices, and in simple cleanliness of both the environment and the patients wounds.
For medical malpractice cases, auto injuries, workplace injuries, or any type of wrongful injury or death case, go with the best Minnesota professionals you can find.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Malpractice Attorney Weighs in on Different Options in Pursuing Legal Action

Law Article — Sun, 19 Jul 2009 05:07:50 +0000

Medical malpractice is the act of performing medical care that results in the patient suffering worse injuries than when first admitted. The act is usually committed by a medical professional including doctors, surgeons, nurses, and even medical technicians. Medical institutions where the act was committed are also liable for damages due to their position in being the employer of the person who committed the act. Medical malpractice is a very serious problem that has been sweeping our nation for many years. The quality of healthcare in the United States has decreased tremendously as people are only looking out for themselves. One example of this is when doctors practice defensive medicine in which they are very cautious in recommending a treatment plan or even committing to a diagnosis. When doctors take on a defensive approach to medicine they often refer patients to specialists that are often unnecessary and expensive. This is not only driving up the cost of healthcare, but it is also driving down patient confidence in the medical field. A Malpractice attorney will have seen first hand how the defensive approach to medicine can significantly increase the likelihood of falling victim to medical malpractice. As doctors continue to take on this approach to medicine, they are going to be far more likely to miss something and commit and act of medical malpractice.

A malpractice attorney is weighing in on different options to purse legal action if an act of medical malpractice has occurred. Depending on the severity of the harm done by the act of medical malpractice determines what type of legal action is best. If it is a small matter, the way the doctor and medical staff handles the situation commonly determines how the patient will react. If the medical professionals are apologetic, have a plan of action, and will cover the costs to ramify the situation, usually things are left out of the court system. However, if the act of medical malpractice results in crucial injuries and harm leaving the patient out of work for an extended period of time and with large medical bills, any malpractice attorney would recommend filing a medical malpractice lawsuit. This way all evidence can be determined and sorted through to determine how and why the act happened, and what could have been done to avoid it and why it didn’t happen.

If you or a loved one has found yourself in a position where you have accrued large medical bills and are out of work due to falling victim to an act of medical malpractice, contact a malpractice attorney as soon as possible. A malpractice attorney will be able to assess your case and help you to gain justice. Medical malpractice cases can be a trying time for anyone, yet it will help you to gain crucial monies to cover your medical expenses, loss of wages, as well as for pain and suffering. Don’t let another’s actions affect you from living your life the way you want to live it.

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about the services of http://www.nbrlawfirm.com” rel=”nofollow”>malpractice attorney, medical malpractice, personal injury lawyer New York and malpractice lawyer visit http://www.nbrlawfirm.com

Florida Malpractice Lawyers Truth About Timely Claims

Law Article — Sat, 18 Jul 2009 17:07:04 +0000

Every law firm has a very specific and well defined policy concerning medical malpractice claims. Medical malpractice claims are very difficult claims to fight legally. For this reason, a law firm initially accepts these claims on a tentative manner.
It takes time to gather the necessary medical records, to study and analyze the said records, to consult with respected medical experts, to gather additional pertinent data, and to reflect upon the likelihood of success. Medical malpractice claims can be extremely time consuming, very expensive to represent legally, and highly problematical in reference to the chance of success.
Florida medical malpractice lawyers, reserve the right to notify you that, in his/her opinion, your prospective medical malpractice claim does not justify pursuit by the lawyer’s office.
Having come to this conclusion, the law firm expressly reserves the right to withdraw from your representation. If you have asked the lawyer to review a prospective medical malpractice claim, please remember your claim is being accepted under these terms and conditions. Some of the difficulties related with medical malpractice claims are more specifically given below.
The defendant physicians in medical negligence cases receive verdicts in their favor exceeding 70% and often reaching 80%, or more. There are several reasons for this, namely:
1. The jury system is rather conservative — and in medical negligence cases, highly conservative.
For example, most elderly prospective jurors are extremely dependent on health care, that is why they tend to support the defendant physician’s position.
2. Fairness of the juror is increasingly compromised by insurance industry, by media and by propaganda.
This is not to say the propaganda generated is accurate; most of the time the information presented is provocative, but highly inaccurate. Despite this fact many jurors repeat what they have read, heard, or seen. Statements like these are heard frequently:
a. “Malpractice settlements and verdicts significantly drive up health care costs.”
b “Doctors order tests as part of defensive medicine.”
c. “Expert witnesses are mostly phonies and hired guns.”
d. “Are you one of those lawyers who advertise on television?”
3. The legal rules are slanted in favor of the defendant physician in many respects.
Expert testimony is required in virtually every case to prove the defendant physician failed to meet the established or existing “health care standard.” When a trial becomes a “battle of experts”, the petitioner is more often at risk and more likely to lose. The standard of care needed by medical providers incorporates “average” care. It does not require excellence.
4. Most of the time the legal “killer” is causation.
Defense verdicts are frequently delivered and rationalized by juries on this statement. In most medical negligence cases it is observed that almost every petitioner had some pre-existing condition that ultimately led to the injury complained off.
5. The vast majority of cases are not economically viable to pursue.
Without significant publicity, insurance carriers pay the defendant physician and his insurance carrier to delay the settlement, with the help of defense counsel. And that is exactly what happens. Thus, the plaintiff must either accept a nominal settlement or be ready to hire experts whose fee levels are often highly inflated. Litigation costs that are associated with an average contested medical negligence or medical malpractice claim more often than not exceed $50,000.00. And the hours that a lawyer usually spends on a case number to hundreds of hours.
Ten years ago, the conventional wisdom dictated rejection of medical negligence claim that had damage potential of less than $200,000.00. Today, because of the increasing pressure and the increasingly complicated nature of juries, conventional wisdom is not to accept a claim unless it has a value of, at least, $300,000.00.The above mentioned reasons demonstrate the difficulty and intricacy of medical negligence cases and the obstacles likely to be faced by the lawyer in the prosecution of such cases. These are the reasons, among others, that do not permit the medical malpractice lawyer to pursue every medical negligence claim that are reviewed by the lawyer.
NEGOTIATION AND SETTLEMENT
Once the lawyer has completed the initial evaluation, conducted the necessary investigation, and documented your claim as best as the lawyer possibly can, he/she will submit a demand note to our opponent to explore the possibility of settling your claim without the need of filing a lawsuit.
This process is treated in terms of the effort put forward just as if the lawyer was far along in the litigation process and preparing for trial. Demonstrative exhibits are frequently utilized as part of the settlement demand package, along with settlement videos, and bound settlement books .The goal is to make your claim stand out from every other claim received by the opposing insurance carrier. The ability to add a unique element to the claims of the clients often results in highly successful settlements.
If a claim is not resolved in the pre-suit stage, which does not mean that the lawyer will not continue settlement negotiations as appropriate. The entire lawsuit is often in reality, one long settlement negotiation. The goal after proceedings are commenced is to position the case so the best possible settlement or judgment can ultimately be achieved.

US Navy Helicopter Crash in Southern California

Law Article — Sat, 18 Jul 2009 12:51:52 +0000

According to CNN, three members of a U.S. Navy helicopter crew were killed after their helicopter went down in the waters off San Diego California, late Tuesday night, a Navy spokeswoman said. Rescuers are still searching for the two remaining crew members from the helicopter, which was operating from the USS Nimitz. It crashed about 20 miles off the Mexican coast, the Navy said. If you have been injured, or are a family member of a person who died in the tragic Navy helicopter disaster, please call William Muhr, Attorneys & Counselors at Law, LLP immediately at 1-800-934-4529. William Muhr is a former certified military judge who has an extensive military background and 23 years of experience in the area of personal injury law. Our firm also has some of the most experienced aviation attorneys in the country. Our aviation attorneys have handled 17 major aviation disasters and never lost a case. We also have a highly-qualified team of California lawyers in our staff ready to help you. Our collective knowledge and extensive legal experience in this area of law will serve you well.

People needlessly lost their lives and suffered grave injuries. The suffering of the survivors will never be fully resolved. Other people now fear their own safety flying in Navy Helicopters. We have the potential to bring change, if you let us, to save lives in the future. We must respond to this challenge to make responsible parties accountable. We cannot sit idly by and do nothing. We must do our utmost to make helicopter flights safer. Let us help you so that we may help others. Let us begin now.Call 1-800-934-4529 for a free consultation with an experienced attorney. Highly qualified attorneys will immediately handle your case; and you will have 24-hour access to your legal counsel. Visit us on the web at http://www.williammuhr.com

Injured in the US Navy Helicopter Crash?

Law Article — Sat, 18 Jul 2009 06:52:30 +0000

If you have been injured, or are a family member of a person who died in the tragic Navy helicopter disaster, please call William Muhr, Attorneys & Counselors at Law, LLP immediately at 1-800-934-4529. William Muhr is a former certified military judge who has an extensive military background and 23 years of experience in the area of personal injury law. Our firm also has some of the most experienced aviation attorneys in the country. Our aviation attorneys have handled 17 major aviation disasters and never lost a case. We also have a highly-qualified team of California lawyers in our staff ready to help you. Our collective knowledge and extensive legal experience in this area of law will serve you well. People needlessly lost their lives and suffered grave injuries. The suffering of the survivors will never be fully resolved. Other people now fear their own safety flying in Navy Helicopters. We have the potential to bring change, if you let us, to save lives in the future. We must respond to this challenge to make responsible parties accountable. We cannot sit idly by and do nothing. We must do our utmost to make helicopter flights safer. Let us help you so that we may help others. Let us begin now. Call 1-800-934-4529 for a free consultation with an experienced attorney. Highly qualified attorneys will immediately handle your case, and you will have 24-hour access to your legal counsel. Visit us on the web at http://www.williammuhr.com

Personal Injury – When to Call a Lawyer

Law Article — Sat, 18 Jul 2009 05:08:35 +0000

Are insurance companies fair? They probably think they are. But each person’s idea of fairness is determined by his own self-interest. Insurance companies survive by taking in premiums and keeping claims as low as possible. Santa Claus-they are not.
You, on the other hand, if you are injured in an accident, have a duty to look out for your own self-interest and to get the best possible settlement for yourself.
Can you do this on your own? Yes…at times.
For example, if you have damage to your car and a trip to the emergency room but no more pain you might be able to settle the case yourself. Get your car fixed. Get your medical bills paid. Move on.
If you have serious injury, odds are you need a lawyer. In fact, the more serious the injuries, the greater the need for a lawyer.
The exception to that rule sometimes occurs where there is very little insurance available and the at-fault company offers their policy limits. In that case it would still be a good idea to consult a lawyer. You want to make sure you don’t step on a mine and blow up your chances of an under insured motorist claim, for example.
Let’s say you deal with the at-fault adjuster yourself. You’ve entered into that murky world with no clear answers called “negotiating.” The at-fault adjuster has already successfully negotiated many cases. So she has experience on her side. She knows the value of the case. What it could be worth. What you might take. Two very different possibilities.
At the very least a meeting with a lawyer would be called for. Personal injury lawyers typically offer what is known as a “free consultation.” It’s a free first meeting. You can take a look at him. He can take a look at your case. The two of you can decide if you want to work together.
Some questions to ask the lawyer are: How long have your been practicing injury law? How many cases have you handled? What is your personal philosophy about settling or going to court?
You can also research a lawyer on the internet to find out more about her. Nearly all successful injury lawyers have websites. You probably want an attorney you relate to. Perhaps you’d like someone close to your own age. Or someone with similar religion or political preferences. We like to work with people who are like us in some way and you can begin to discover that kind of info at the attorney’s website.
Plan on spending 25% or more of your settlement on attorney fees. One third is the usual. If it is necessary to file suit, arbitrate or mediate that figure can go up to 40% or more. Costs and expenses of the case are in addition to attorney fees. That can include court filing fees and the cost of paying for medical records or hiring a doctor to come to trial.
You may have heard a story about someone who got nothing after paying attorney fees and case expenses. In my twenty five years experience as an injury lawyer I’ve never seen it in person. I suppose it has probably happened somewhere at some time. Most of those stories are urban legends.
Disclaimer–This article is intended to provide information about the injury claims process. It is not intended as a substitute for legal advice.

The Personal Injury Law Suit: Surviving Surveillance

Law Article — Fri, 17 Jul 2009 23:08:40 +0000

Surveillance by detectives engaged by insurers denying your claim for damages after an accident is an unfortunate reality when you have started an Ontario accident, including a claim for statutory accident benefits after a motor vehicle accident.
Although surveillance is most commonly used in car wreck or motor vehicle accident claims, it is also used in other situations such as slip and falls or product liability claims where damages are claimed for personal injury.
Here are some survival tips from an experienced Ottawa personal injury lawyer to help you deal with the inevitable surveillance:
- Never, never exaggerate your limitations or the extent of your injuries from your accident when speaking to the insurance company or when going through the legal process. Assume that if you have played golf, they know. Assume that if you went hiking in the mountains they know. Assume that if you lifted the grocery bags out of your car, they know.
- If you spot your “tail” make a note of the date and time and what you have been doing over the previous 3-4 days. The investigators usually follow their targets for several days at a time. Awareness of what the detective may have observed could help you when you give your own evidence.
- Assume you will be monitored when you go to mediation, examination for discovery or any medical appointments. You are more readily located and observed because the insurance company knows when and where you are supposed to be. For example, we had one case where our client was observed having a smoke break during the mediation. We have had many others where our accident victim clients have been videoed headed in and out of physiotherapy.
- Don’t speak to the investigators. They should not approach you and you should not approach them. If they try to speak to you or interview you, decline and let your personal injury lawyer lawyer know right away.
A common defence tactic is to obtain surveillance. Then, on examination for discovery, to try to elicit evidence that can be contradicted by the surveillance. For example, the insurance company might try to get footage of you walking without your cane, and then get evidence from you where you say you cannot walk without a cane. Contradiction achieved! Remember, surveillance can only hurt you if you are shown performing tasks that you deny being able to perform.
Sometimes surveillance helps you. If the insurer displays a dvd to to jury, your lawyer may have an expert explain that it shows a problem with your walk or another medical problem that will bolster, not hurt, your claim. Or you may be observed taking a rest or requiring support in some other fashion.
As is so often the case in a personal injury case, the most important aspect is to be as accurate as possible about the impact of your accident.

Brenda Hollingsworth and Richard Auger are personal injury lawyers representing accident victims in Ontario, Canada. Their law firm is Auger Hollingsworth, located in Ottawa. They are the authors of “An Injured Victim’s Guide to Fair Compensation”. To get free copy of this book, contact http://www.personalinjurottawa.ca ; email info@personalinjuryottawa.ca or call 613.233.4529.

How To Deal With Insurance Adjusters

Law Article — Fri, 17 Jul 2009 11:05:38 +0000

The insurance adjuster is asking me for information and wants to meet, why?

Plant Quinn Thiele LLP – Ottawa Personal Injury Lawyers

Think meeting the insurance adjuster wihout a lawyer is a good idea? Think again. Why do they want to meet?

It is the insurance adjuster’s job to find ways to reduce your case or get rid of it entirely. The more documents they have the more chances they will find something to hang their hat on to deny or reduce your claim.

Insurance adjusters much prefer dealing with injured persons who don’t have a lawyer. Why do you think they call you the same or day after you are injured? They want to get to you before you know your rights and interests and BEFORE you speak to a lawyer who can offer guidance to you in relation to your rights and the claims process. They want to control the file, and more importantly, control the evidence. They are not your lawyer and have no duty to you. Their business card says “Adjuster” for the insurer, not lawyer for you. They represent the opposing party’s insurer, not you! Their job is not to give you legal advice, but to investigate the accident. Adjusters know how to manipulate you. The moment you retain an experienced PQTLaw personal injury lawyer, that manipulation stops.

Don’t believe us? Try this. When the adjuster calls to meet with you and obtain a written statement and authorization to obtain information from your doctors and your employer, ask them if you can meet with the owner of the property where you fell or the driver that hit you so you can ask them questions and obtain a written statement. The answer will be – are you crazy? No way. It’s a one way street.

The less an adjuster pays on a claim, the better for their career. Insurers make millions and millions of dollars in profit every year. They are corporations who’s primary focus is profit, profit and profit. The longer you don’t know your rights and interests, the more serious damage can be done to your claim. Insurance adjusters receive training and have experience in assessing and investigating claims.

Our experience is that by the time the insurance adjuster is willing to make an offer to settle your claim, given the admissions you may have made, they offer pennies on the dollar.

Why? You dug your own grave – you provided the insurer with a written statement or recorded statement – you provided the insurer with access to all your records, medical, financial or etc – you took no steps to preserve your evidence – you took no steps to obtain your own witness statements – you took no steps to obtain a lawyer to know your rights, interests and risks – and so on… Your case has been destroyed. By the time an offer is made, if one is even made, the insurance adjuster has potentially harmful documents, information and tons of reasons to justify making no offer or making a ridiculously low offer.

Call us at 613-563-1131, Marc-Nicholas Quinn, Plant Quinn Thiele, LLP – OttawaPersonal Injury Lawyers

www.pqtlaw.com — mquinn@pqtlaw.com

Marc-Nicholas Quinn is the founding partner of Plant Quinn Thiele LLP – Ottawa Personal Injury Lawyers, he focuses on personal injury law and the rights of injured persons in Ontario, Canada. See us at www.pqtlaw.com.