Personal Injury Lawsuit

Acquired brain injuries are very serious and have lasting medical effects on the person who has this type of brain injury. The brain controls our entire body and is necessary for speech, movement, and other functions of the body so this type of injury can affect speech, motor functions, and even social functions.

What is an acquired brain injury? It is a brain injury that occurs after birth and causes extensive damage to the brain.

How does one get this type of injury? Falls, accidents, car accidents, and physical abuse can cause a traumatic brain injury. Most people with traumatic brain injuries have had some type of impact to the head which resulted in their injury.

How serious are brain injuries? Brain injuries can be very serious and sometimes people do not even know how serious it is until they begin to experience the side effects. Some of these side effects include: headaches, fatigue, epilepsy, incontinence, loss of sensation, loss of speech, and loss of motor functions.

How is this type of head injury treated? Depending on the severity of the traumatic head injury, the person will need some sort of medical care. Usually, the person will need help from nurses, doctors, speech therapists, physiotherapists, occupational therapists, social workers, and clinical psychologists.

What are other forms of traumatic brain injury? Other forms include the following: stroke, tumors, hemorrhages, hematoma, encephalitis, and hypoxia.

What are the legal implications? If the person was injured by someone else and that caused their injury then they can sue that person. People with traumatic brain injuries have to receive a lot of medical care that can be very expensive. If you are an adult and suffered this type of injury then you might not be able to work and be disabled so you would need to be compensated for your loss of wages and damages.

What necessary documentation will a lawyer need to represent you? Your lawyer will need to assess your case by reviewing the incidents that took place before and after the brain injury occurred. The lawyer will review your medical records; read any necessary police reports, and see what your prognosis is and assess how much compensation you will need to sue for. It is important that you choose the right lawyer because they will represent your interests. The lawyer needs to do the proper research on head injuries and traumatic brain injuries so that they can present a well rounded case to the judge.

What is the claims process like? The claims process involves the following steps: show the cause of your injury and who is to blame, have a complete medical examination, and assess your prognosis to determine proper compensation. These steps need to be taken before you can file your claim and go before a judge in a court of law. How do traumatic brain injuries affect families? Depending on the severity of the injury, families can be very affected by their loved one’s brain injury. Some people with traumatic brain injuries become comatose or cannot even speak or take care of themselves. This leaves their care to either a long term facility or other family members. This can be a very difficult situation to deal with especially if the person has a family and children to take care of. Families grieve in different ways after their loved one has changed because of a head injury. It can be over whelming and it does take a while for people to get used to their new family situation.

What types of support are out there for people and families affected by traumatic brain injuries? There are web sites for sufferers such as Aphasia Now, Brain Injury Association of America, and Brain and Spine Foundation. These resources can be very beneficial to traumatic brain sufferers and their families. If you or a family member has suffered a traumatic brain injury then please speak to a lawyer who specializes in this area of law so that you can get the compensation that you deserve.

When seeking an attorney to handle your personal injury or wrongful death case you want to be aware of a few key factors that separate the experience levels and reputation of attorneys.  The first and in my opinion the most important thing to look for is an attorney that is board certified in personal injury law. It may also be helpful that the attorney you choose has adequate trial experience in personal injury or wrongful death.  Most of this information can be found either on the individual website of the attorney or by visiting the state bar website in your jurisdiction.

The second way that an attorney can distinguish themselves from other attorneys is to obtain an AV rating.  An AV rating is a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.  In order to obtain an AV rating an attorney must be a member of the bar for at least 10 years.  Having an attorney with an AV rating can be helpful in placing the opposing side on notice that they are dealing with an attorney that is highly skilled and will take the case to trial if necessary.  Sometimes this fact alone will result in an insurance company offering more money to avoid the expenses associated with litigation.

The last important thing is that you find an attorney that you feel comfortable with. It is a common misconception that an attorney must be rude and crude to do his or her job good. From my experience if over 20 years in the legal field you are better off being nice until the opposing side gives you a reason to resort to other tactics.  Not only does this outlook tend to result in higher offers from insurance companies, but it also goes a long way with a judge or jury, which in turn results in a better verdict for the client.

The Law Office of Albert Lee Giddens

Such situations could be: a car accident, a workplace injury, a dog bite, mental distress, sexual harassment, etc. All of these situations fall under Tort Law in the United States, and require a careful and professional approach in order to receive maximum compensation.

A vast majority of the times, insurance companies do not pay proper compensation to victims of personal injury cases, as the victims do not know how to properly represent themselves. It is almost always necessary to have a good lawyer to argue your case to the insurance companies and, if need be, take the case to court. Sometimes, the threat alone of having a lawyer is enough to get proper compensation from an insurance company. If your case is strong enough, many lawyers will even work on a contingency basis, meaning that they only get paid if you win a case or get a settlement. They would then only take a percentage of the compensation and usually still leave you with more money than you would have had with no lawyer at all.

If you do decide that you need a lawyer, it is best to find one by asking friends or other lawyers for referrals. A recommendation from personal experience from someone you trust should find you a good lawyer. There are also online lawyer directories to help you find one in your area. Most law firms offer a free consultation so that you can meet a lawyer and have your case examined to check for merit and amount of damage, etc. An experienced personal injury attorney can help you get the compensation you deserve.

If you absolutely cannot get a lawyer but you honestly believe you have a valid personal injury claim then you have only one choice: you have to go it alone.

Now, I don’t recommend you attempt a bodily injury claim settlement on your own if you can get a lawyer. Based on numerous studies, you’re likely to get more money in your pocket after paying your lawyer, than if you represent yourself.

Just like any specialized area: there are pitfalls. (And you don’t want to fall in a pit. After all, you’re still recovering from your accident injuries. Why aggravate them?)

However, if your case has been rejected by countless lawyers (or, you just can’t stand the thought of a wealthy lawyer becoming more wealthy from your case) then you must move forward.

To prepare an personal injury settlement claim letter follow this format:

Step One: Make sure all your injuries are properly identified, diagnosed by a physician qualified to make the diagnosis, and treated as recommended by your primary physician or specialist.

Step Two: Assemble medical records from all your doctors, hospitals, clinics etc.

Step Three: Make sure you get a copy of every single medical bill.

Step Four: Obtain a copy of the traffic accident report.

Step Five: Do some research. Find out what your case is worth. It’s worth paying for this advice. Hire an experienced lawyer for an hour to get his valuation.

Step Six: Do a thorough summation of the income you did not receive because of the accident. Get a letter from your human resources department stating how much you earned per hour and how many hours you missed.

And be sure you have a “work release” from your treating physician.

Step Seven: Pictures are awesome. They are still worth one thousand words even in this digital era. So if you have pictures of your badly damaged car or your badly damaged body, round them up.

Step Eight: Write a careful, well written cover letter that summarizes the information you gathered in the preceding steps.

Step Nine: At the end of this letter you will have to name a number. Basic negotiating texts suggest “always ask for more than you expect to get.” You can always come down, but once you start too low it is very hard to move back up.

Take all the materials, put your cover letter on them and mail it to the claims adjuster. But first make a copy for yourself.

Now you are in the negotiating stage. Give the adjuster a week and call. Did she get the materials? How long does she need to review them and make you an offer? Calendar that date. Follow up.

Once you get an offer you can assess it in light of the valuation research you did earlier.

If it is too low, it is time again to consider hiring a lawyer.

If this is an uninsured motorist claim, you have arbitration rights under your policy. However, an arbitration is much like a mini-trial and unless you have a penchant for representing yourself it will be less stressful and likely, more profitable, to have someone on your side.

Disclaimer: The foregoing principles are based on my experience with Utah law and may not apply to the state in which you live. Please obtain your own qualified counsel from an experienced attorney or from up-to-date law books in your state of residence.

Why a client’s personal injury claim is taking so long is one of the most common questions posed to personal injury lawyers.  The answer to such a question can be dependent on a number of different factors. As you know each personal injury claim is unique and poses its own set of challenges. 

One of the most common reasons that a persons case is not moving forward is that they are still treating for their injuries. In personal injury it is virtually impossible to place a accurate value on a plaintiff’s damages until treatment is complete. Therefore unfortunately the only thing that an attorney can do before treatment is complete is to prepare the case for possible litigation.

If it appears that it will be necessary to litigate a case (take the case to trial) then an attorney must take steps to prepare.  These steps could include discovery, depositions, or even mediation.  The discovery process can include having the plaintiff answer written questions posed by the defendant called interrogatories, taking a recorded statement from the plaintiff or defendant, or even having one of the parties produce documentation related to the accident.  In certain cases the parties or the court may believe that mediation of the claim could help to settle it without the need for a trial. The discovery process can take some time to complete, but it is a very important part of being prepared to represent a client.

Therefore whether the plaintiff has yet to complete treatment for their injuries or if the attorney is in the discovery process, it is important to remember that it takes time for an attorney to adequately prepare for the representation. 

Law Office of Albert Lee Giddens

You’ve been in an automobile accident. Your car is totaled or in the Shop. You’re missing work and your vacation or personal time is almost exhausted. You have major medical bills and face a long period of physical therapy after you recover. And, it was the other driver’s fault!

The other driver’s insurance representative keeps calling you. He or she is oh, so nice and concerned about you. The company won’t admit liability, but they offer to give you a lump sum settlement now to cover your estimated medical costs. Maybe they offer to pay for a rental car while your car is being repaired, or to pay the deductible to your insurance company for the repairs. But, they want an answer NOW, before you can talk to an attorney. They may tell you that you don’t need an attorney, the two of you can work things out. You’re confused - what is the best thing to do?

Consultations with a Personal Injury Attorney are usually free. Below are some things to think about before you make a decision. This is just a partial list of what a Personal Injury Attorney can do for you:

• What if you miss work, but you get disability and use your vacation/personal leave time? Your attorney can still claim loss of wages for all the time you were off of work
• What if you settled without an attorney and your medical expenses exceeded your settlement? You would be out of luck. Your attorney will not settle your case until all your treatment is finished and all the bills are in. If future treatment is indicated, he will include that in his settlement proposal. He can also negotiate with the healthcare providers to reduce your bills, so you keep more of the settlement money
• What if you need a Specialist not covered by your insurance?
• Were there other people in your car? Maybe a child who will have scars that can’t be fixed until they’re full-grown?
• What happens if you will be unable to return to the same line of work you were in before the accident?

Call the office of a Personal Injury Attorney to find out for yourself how they can help you and your family. When you call, you will most likely speak with a paralegal (legal assistant) that will take essential information from you about the accident. Some of the things he/she will ask you are:

• Date, time, and location of the accident
• Your recollections of the accident
• Your name, address, insurance carrier, driver’s license number
• The make and model of your car, the license plate number
• The damage to your car. Was it towed? If so, by whom?
• Did the police come? Did they take an accident report? If so, do you have a copy?
• The other driver’s name, address, telephone number, insurance carrier.
• The other driver’s automobile information. Damage?
• Any witnesses? If so, do you have their names, addresses, and telephone numbers? (If not, this information should be on the Police Accident Report)
• Were there other people in your car? If so, who? Were they injured?
• Were there other people in the other vehicle?
• Was anyone transported by Ambulance? If so, which company?

The paralegal will discuss your case with the Personal Injury Attorney to determine if they can help you. Whether they determine they can help you or not, the paralegal will call you back promptly. If they can help you, they will ask you to come in for an appointment. Part II will discuss what to bring to your appointment.

Many have times in their life when they need the support of expert medical staff. Injuries sustained at birth, car accident, work related illness or onset of cancer are samples of times in our life when we rely on the professionalism of staff associated with expert care and welfare of their patients.

So often though we or family and friends suffer at the hands of medical staff who simply get it wrong.

It is fair to expect those experts responsible for our well being to make good judgement calls in diagnosing illness and injury. GP’s, consultants, radiotherapists, physiotherapists and other medical professionals unfortunately often make errors of judgement, with misdiagnosis of cancer often having serious implications.

However misdiagnosis is not the sum total of these types of medical errors.

Failure to diagnose and late diagnosis should be considered similar clinical negligence blunders.

If a medical professional fails to diagnose a disease it would be no surprise of the seriousness of the consequences.

Late Diagnosis would present grave problems particularly if an aggressive tumour has been spotted late.

So how these medical blunders happen? Misreading Scans or X-rays for example. Poor communication such as wrong or lost medical notes, missing symptoms, delays in carrying out tests.

Humans by their very nature make mistakes, so medical errors will always exist, but how can they be reduced?

Good management techniques. 
Reductions in the pressures placed on medical staff. 
Excellence in training and management communications. 
Co-operations with companies producing medical product. 
Understanding where key areas of negligence occur and emphasis focus on improvement.

For further information about misdiagnosis, medical negligence and claiming compensation for medical blunder visit the site: http://www.cancermisdiagnosis.co.uk