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PERSONAL INJURY LAWYER CLIENTS - DOs & DON'Ts

Dos

Don'ts

What is good personal injury advice when in a car accident?

The best advice when in a car accident is to seek medical attention for any injuries, call the police to report the accident, and collect as much information as possible about the other driver and any witnesses. It is also important to take photographs of the accident scene and the damage to all vehicles involved. Additionally, you should avoid admitting fault or discussing the accident with anyone other than the police and your own insurance company. Consult with a lawyer if you have any legal questions or concerns. 

How common are slip and fall accidents? How bad of a fall would I have to seek legal representation?

Slip and fall accidents are relatively common. They can occur anywhere, but are most often seen in places like grocery stores, shopping centers, parking lots, and other public places. According to the National Floor Safety Institute (NFSI), slip and fall accidents are the leading cause of general industry accidents, accounting for about 25% of all reported general industry accidents.

As for the severity of the fall, it is not necessary to have a severe fall to seek legal representation. Even a minor fall can result in serious injuries, such as broken bones, head injuries, or back injuries. If you are injured in a slip and fall accident, it is important to seek medical attention right away, even if you don't think your injuries are serious.

If you were injured in a slip and fall accident that was caused by the negligence of the property owner or manager, you may be entitled to compensation for your medical expenses, lost wages, and other damages. A personal injury lawyer can help you understand your rights and guide you through the process of filing a claim.

It's important to keep in mind that the statute of limitation can vary depending on the state and the circumstances, so it's best to consult with an attorney as soon as possible after the incident occurs.

If I was bitten by my neighbor's dog, should I seek legal assistance?

If you were bitten by your neighbor's dog, it is generally a good idea to seek legal assistance. Dog bites can result in serious injuries and medical expenses, and a lawyer can help you determine your rights and options for seeking compensation.

In most cases, the owner of the dog is liable for the injuries caused by their pet. A personal injury lawyer can help you navigate the process of filing a claim against the owner's homeowner's insurance, or other liability insurance, and can also help you negotiate a fair settlement.

It is important to take immediate action, contact your personal attorney and document everything, including the incident, injuries, medical expenses and lost wages if any. The attorney will also be able to advise on the statute of limitation for filing a claim for a dog bite in your state.

If my doctor makes my injury worse, are there any ways I can make a claim for them?

If a doctor's treatment or negligence causes an injury or makes an existing injury worse, you may have a medical malpractice claim. Medical malpractice occurs when a healthcare professional fails to provide a reasonable standard of care, and as a result, causes injury or harm to a patient.

It's important to consult with a medical malpractice attorney to evaluate your case and explore your legal options. The attorney will be able to gather evidence and build a strong case to prove that the doctor's actions or inaction caused your injury. They can also help you in negotiations with the doctor's malpractice insurance company, or represent you in a lawsuit if necessary.

To make a claim, you need to provide evidence that the doctor's treatment fell below the standard of care, and that this caused your injury. The attorney will help you in gathering evidence like medical records, expert witness, and other documents.

It's important to note that the medical malpractice claims process can be complex and time-consuming, and the statute of limitation for filing a claim can vary depending on the state. It's important to consult with an attorney as soon as possible after the injury occurs.

What is workers compensation insurance and how serious of an injury should I have to make a claim with a lawyer?

Workers' compensation insurance is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job. Typical claims made involving workers' compensation insurance include:

It is important to note that you do not need to have a serious injury to make a claim with a lawyer. If you were injured on the job, regardless of how minor you believe the injury to be, you are entitled to seek workers' compensation benefits. It's important to report the injury to your employer and file a claim as soon as possible. If you are having difficulty with your claim, or if your employer or the insurance company is denying your claim, it may be beneficial to consult with a workers' compensation lawyer. They can help you understand your rights, navigate the claims process, and work to get you the benefits you are entitled to.

What steps should I take if I took recalled medicine or another product caused me to be injured?

If you believe you have taken a medicine or used a product that has caused you harm, it may be possible to file a product liability claim. Here are some steps you can take:

It's important to keep in mind that the process of making a product liability claim can be complex, and the statute of limitation can vary depending on the state. That's why it's important to contact an attorney as soon as possible after the incident occurs.

What occurs in a Wrongful Death lawsuit?

A wrongful death lawsuit is a legal action that is brought by the family members or dependents of a person who has died due to the negligence or misconduct of another person or entity. In a wrongful death lawsuit, the family members of the deceased person seek compensation for their losses, which may include:

Wrongful death lawsuits are civil cases and are separate from any criminal case that may be brought against the person or entity responsible for the death. The burden of proof in a wrongful death case is lower than in a criminal case, and the plaintiff must prove that the defendant's actions were a substantial factor in causing the death of the deceased person.

What are important factors to include when filing a personal injury claim?

When filing a personal injury claim, there are several important factors that should be included to ensure the best chance of success. These include:

These are some of the key factors to consider when filing a personal injury claim, but it's always best to consult with an attorney for specific advice on your case.

Will an insurance adjuster attempt to reduce the significance of an injury claim?

Yes, it is possible that an auto insurance adjuster may attempt to reduce the importance or significance of an injury claim. Insurance companies are in the business of making money, and one way they do this is by paying out as little as possible on claims. An adjuster's job is to investigate claims and determine the value of the damages. In order to do this, they may try to minimize the extent of an individual's injuries or the cause of the accident.

They may also try to use certain tactics to reduce the value of the claim such as questioning the nature and extent of the injury, the cause of the accident and the medical treatment received. They may also try to settle the claim quickly, before the full extent of the damages is known or before you have consulted with an attorney.

It is important to remember that an insurance adjuster is not on your side, and their goal is to minimize the amount of money they have to pay out on your claim. It's always a good idea to consult with an attorney who can help you navigate the process and ensure that you receive fair compensation for your injuries.

Can I get an advance on a future personal injury claim settlement and pay it back with a fee once the case is over?

Yes, it is possible to get an advance on a future personal injury claim settlement and pay a fee for it after the funds are collected once the case is over. This is known as a "lawsuit loan" or "legal funding." Lawsuit funding companies provide pre-settlement funding to plaintiffs in personal injury cases. These companies will advance money to a plaintiff in exchange for a percentage of the settlement or award, which is paid back once the case is resolved.

It's important to note that lawsuit funding is not a traditional loan, it is a non-recourse advance, which means that if the plaintiff loses their case, they do not have to pay the advance back. The funding company assumes the risk of the case not having a successful outcome.

It's also important to note that these types of funding can be quite expensive, because they charge high fees and interest rates. Before considering this option, it's important to weigh the costs and benefits and to understand the terms of the agreement. It's also important to consult with an attorney who can advise you on the best course of action.

What is Maritime law and how does it apply if I get injured on a cruise ship?

Maritime law, also known as admiralty law, is a specific area of law that governs activities and disputes that occur on navigable waters, such as oceans, rivers, and other bodies of water. If you were to get injured while on a cruise ship and wanted to file an injury claim, the specifics involved in maritime law would be as follows:

It's important to note that maritime law can be complex and it's advisable to consult with an attorney who is experienced in maritime law. An attorney can help to navigate the legal process, gather and present evidence, and negotiate with the cruise ship operator or their insurance company to reach a fair settlement.

If I am the passenger in a car that is involved in an accident, who do I sue?

If you are a passenger in a car that is involved in an accident and you are injured, you may have the right to file a personal injury claim against the driver of the car in which you were a passenger. This is because the driver of a vehicle has a legal responsibility to operate the car in a safe and responsible manner, and if they fail to do so, they may be held liable for any injuries that result from their negligence. Additionally, if the accident was caused by another driver, you may also be able to file a personal injury claim against them.

However, in some cases, there may be other parties that may be held liable for your injuries as well, such as the car manufacturer, if the accident was caused by a defect in the car, or the government, if the accident was caused by poor road conditions.

It's important to keep in mind that every accident is unique and determining who is liable in a car accident can be complex. An attorney who is experienced in personal injury law can help you to understand your legal rights and options, and can help you to determine who may be liable for your injuries. They can also help you to gather and present evidence, negotiate with insurance companies, and fight for the compensation that you deserve.

What If I am injured on a train traveling from one state to another?

If you are injured on a train traveling from one state to another, your personal injury claim would be governed by federal law, specifically the Federal Employers Liability Act (FELA). FELA is a federal law that provides a right to compensation for railroad workers and passengers who are injured while on a train.

Under FELA, you would need to prove that your injuries were caused by the negligence of the railroad company or its employees. This can include things like failing to properly maintain the train or equipment, failing to provide a safe working environment, or failing to properly train employees.

When it comes to where the claim should be made, FELA cases are typically filed in federal court, and your lawyer needs to be licensed to practice in the state where the lawsuit is filed. However, you may also be able to file the claim in state court if the state court has jurisdiction over the railroad company.

It's important to keep in mind that FELA claims can be complex and time-consuming, and it's advisable to consult with an attorney who is experienced in FELA cases and personal injury law. An attorney can help you to navigate the legal process, gather and present evidence, and negotiate with the railroad company or their insurance company to reach a fair settlement. They can also help you to understand your legal rights and options, and can provide guidance on the best course of action to take in order to get the compensation you deserve.

How does P.I.P. (personal injury protection) work?

Personal Injury Protection (PIP) is a type of car insurance coverage that is required in some states, including Florida. It is also known as "no-fault" insurance because it pays for certain expenses related to an accident regardless of who is at fault for the accident. The main purpose of PIP is to cover medical expenses and lost wages for an individual who is injured in a car accident.

Typically, PIP coverage will pay for medical expenses, lost wages, and other expenses related to an accident, such as transportation costs to and from medical appointments. The amount of coverage provided by PIP varies depending on the state and the specific policy, but it is usually a set dollar amount.

In states that require PIP, it is typically purchased as an add-on to a standard car insurance policy. The coverage begins as soon as an accident happens and the policyholder should contact their insurance company as soon as possible to inform them of the accident and to file a claim. The policyholder should also provide all required documentation, such as medical bills and proof of lost wages, to their insurance company.

When the claim is processed, the insurance company will review the documentation and will pay out the benefits according to the policyholder's coverage. It's important to note that PIP coverage has a limit, and if the medical expenses exceed the coverage limit, the policyholder will be responsible for paying the remaining costs.

In summary, PIP is a type of car insurance coverage that pays for certain expenses related to an accident regardless of who is at fault. It is typically required in certain states and it is usually purchased as an add-on to a standard car insurance policy. It's important to understand the coverage limits.

How does Med-Pay work when I have it as part of my auto insurance policy?

Med-Pay, also known as Medical Payments Coverage, is a type of car insurance coverage that is designed to pay for medical expenses that result from a car accident. It is often considered as an add-on to a standard car insurance policy, and it can be used in conjunction with Personal Injury Protection (PIP) or health insurance.

When Med-Pay is included in a personal injury claim, it will typically pay for medical expenses that are incurred as a result of the accident. This can include things like hospital bills, doctor visits, physical therapy, and other medical expenses. The coverage will usually be limited to a set dollar amount, and the policyholder will be responsible for paying any expenses that exceed the coverage limit.

When you file a personal injury claim, you will be required to provide documentation such as medical bills and proof of lost wages, to your insurance company. If you have Med-Pay coverage, your insurance company will review the documentation and will pay out the benefits according to the coverage limit. Med-Pay benefits are paid out regardless of who is at fault in an accident, and it can be used to cover medical expenses while the liability of the accident is being determined.

It's important to note that Med-Pay coverage is not mandatory in all states, and it's not necessary in states where PIP coverage is required. However, it is an optional coverage that can be added to your car insurance policy and can be used to supplement your health insurance coverage. It can also be used to cover deductibles and co-pays that may not be covered by your health insurance.

In summary, Med-Pay is a type of car insurance coverage that pays for medical expenses that result from a car accident. It can be used in conjunction with PIP or health insurance, and it typically pays for medical expenses regardless of who is at fault.

What is workers compensation and how does it work?

Workers' compensation is a system of laws and regulations that provide benefits to employees who are injured or become ill as a result of their job. The benefits typically include medical expenses, lost wages, and rehabilitation costs. The goal of workers' compensation is to provide financial and medical support to employees who are unable to work due to a job-related injury or illness, and to help them return to work as soon as possible.

The specific laws and regulations surrounding workers' compensation vary by state, but generally, most employers are required to carry workers' compensation insurance in order to cover the cost of benefits. This insurance is usually purchased through a private insurance company, but some states have a state-funded workers' compensation system.

When an employee is injured or becomes ill as a result of their job, they typically must notify their employer as soon as possible and file a claim for workers' compensation benefits. The employer is then responsible for reporting the injury or illness to the insurance company and providing the employee with the necessary forms and instructions for filing a claim.

Once the claim is filed, the insurance company will review the employee's medical records, conduct an investigation, and determine whether the injury or illness is covered under the workers' compensation policy. If the claim is approved, the employee will begin receiving benefits, which may include payment for medical expenses, lost wages, and rehabilitation costs.

In some cases, the insurance company may dispute the claim, in which case the employee may need to appeal the decision in order to receive benefits.

It's worth noting that workers' compensation laws are in place to protect employees from job-related injuries, illnesses, or death. It's meant to be a no-fault system, meaning that employees don't need to prove that their employer was at fault for their injuries, and in return, employees are usually prohibited from suing their employers over work-related injuries.

What if I am hurt in a construction accident?  Can I make an injury claim?

Construction accidents can occur in a variety of ways, such as falls from heights, equipment failures, and structural collapses. Some common examples of construction accidents include:

In the event of a construction accident, the injured worker may be able to file a personal injury claim to seek compensation for their injuries. Some remedies that may be available through a personal injury claim include:

It's important to note that personal injury laws vary by jurisdiction and specific circumstances of the accident and injuries. It's always best to consult with a personal injury attorney to understand the remedies available in a specific case.

If someone physically assaults me, is that grounds for a personal injury claim?

If someone physically assaults you, it is grounds for a personal injury claim. A personal injury claim is a legal action that can be taken against the person who assaulted you, in which you can seek compensation for the injuries and damages you have suffered as a result of the assault.

A personal injury claim can include compensation for medical expenses, lost wages, pain and suffering, and any other damages that can be directly attributed to the assault. The claim can be filed in civil court and the burden of proof is typically on the plaintiff to prove that the other party was responsible for their injuries.

However, it is also worth noting that criminal charges may also be brought against the person who assaulted you, depending on the severity of the injury. A criminal case and a civil case are separate and distinct, so it is possible for a criminal case to be pursued simultaneously with or independent of a civil case.

It's important to consult with a personal injury attorney as soon as possible if you have been the victim of an assault, to discuss your legal options and to ensure that your rights are protected. An attorney can help you navigate the legal process and help you to seek the compensation you deserve.

If police or other law enforcement officials use excessive force on me, who do I sue?

If the police or other law enforcement officials use excessive force on you, you may be able to file a civil rights lawsuit against the officers and/or the department/agency that employs them.

Excessive force refers to any force that is greater than what is reasonably necessary under the circumstances. In cases where excessive force is used, the victim may have a claim under 42 U.S.C. § 1983, which is a federal statute that provides a cause of action against state actors who violate an individual's constitutional rights. Specifically, the 4th amendment of the US Constitution protects citizens from unreasonable searches and seizures, which could include excessive force used by law enforcement during an arrest.

When filing a lawsuit against law enforcement officials or agencies, it is important to note that they are generally protected by qualified immunity, which means that they are immune from being sued unless they have violated a clearly established constitutional right of which a reasonable person would have known.

It's important to consult with an attorney experienced in civil rights and police misconduct cases as soon as possible after the incident, as there are specific requirements and deadlines that must be met in order to pursue a claim. An attorney can help you gather evidence, build your case, and navigate the legal process.

Additionally, you should also report the incident to the police department or other law enforcement agency as soon as possible, and also consider filing a complaint with internal affairs or the department's oversight agency.

If I am injured while traveling on public transportation, who do I sue?

If you are injured while traveling on public transportation, you may be able to file a personal injury claim against the transportation company or agency that operates the service.

The first step in any personal injury claim is to gather as much information as possible about the incident, including the names and contact information of any witnesses, and photographs or videos of the scene of the accident. You should also seek medical attention for your injuries as soon as possible, and make sure to keep copies of all medical records and bills.

You will then need to determine who is responsible for the accident. In the case of public transportation, the transportation company or agency is typically considered the responsible party. This can be a government agency or a private company that operates the service under contract.

It's important to note that public transportation companies and agencies are generally protected by sovereign immunity which limits the amount of money that can be recovered in a lawsuit. Additionally, the time frame to file a claim against a government entity is much shorter than a typical personal injury claim, and there may be additional notice requirements that must be met.

It's important to consult with an attorney experienced in personal injury and transportation law as soon as possible after the incident to help you navigate the legal process and build your case. An attorney can help you to understand your rights, gather evidence and file a claim.

Are chiropractors a good resource in building a personal injury claim?

Chiropractors can be a good resource in building a personal injury claim, as they can provide treatment for injuries related to the accident and can also serve as expert witnesses in a personal injury case.

If you have been in an accident, it is important to seek medical attention as soon as possible. Chiropractors are trained to diagnose and treat musculoskeletal injuries and can provide care for a wide range of injuries such as back pain, neck pain, headaches, and other symptoms commonly associated with accidents. They can also help document the extent and nature of your injuries, which can be important evidence in a personal injury claim.

Chiropractors can also serve as expert witnesses in a personal injury case. They can provide testimony about the nature and extent of your injuries, the cause of your injuries, and the prognosis for your recovery. This testimony can be valuable in helping to establish liability and in determining the amount of damages you are entitled to.

It's important to note that if you decide to use a chiropractor as an expert witness, you should make sure that they are qualified to do so, and that they are familiar with the legal process. An attorney can help you evaluate if a chiropractor is a good expert witness for your case and can also help you to understand the process of using an expert witness in a personal injury claim.

In general, chiropractors can be a valuable resource in building a personal injury claim, but it's important to seek the advice of an attorney experienced in personal injury law to ensure that you understand your rights and to navigate the legal process properly.

What type of expert witnesses are used in personal injury lawsuits?

In personal injury lawsuits, a variety of experts can be used to provide testimony and evidence to support the plaintiff's claim. The type of expert used in a case will depend on the specific facts and circumstances of the case, and the legal issues that need to be addressed. Some of the most common types of expert witnesses used in personal injury lawsuits include:

It's worth noting that expert witnesses are usually retained by the attorney representing the plaintiff or the defendant and they are subject to cross-examination by the opposing counsel. The court will also evaluate the qualifications of the expert, and whether their testimony is relevant, reliable and helpful to the case.

What monetary damages are expected in a winning personal injury claim verdict?

In a winning personal injury claim, the plaintiff may be awarded monetary damages to compensate them for the losses they have suffered as a result of the accident or incident. The amount of damages awarded will depend on the specific facts and circumstances of the case. Some of the most common types of monetary damages awarded in personal injury claims include:

It's important to note that the amount of damages awarded in a personal injury claim can vary widely, depending on the specific facts and circumstances of the case. An experienced attorney can help you understand your potential damages and can help you to prepare a strong case to pursue the maximum compensation possible.

Are boat insurance policies similar to auto insurance policies when an injury claim is made?

Boat insurance policies and auto insurance policies have some similarities when it comes to personal injury claims. Both types of policies typically provide liability coverage for injuries or damages that the policyholder may cause to others while operating their vehicle or boat.

Both auto and boat insurance policies typically have liability coverage limits, which determine the maximum amount that the insurance company will pay out for a claim. If the damages exceed the policy's liability limits, the policyholder may be personally responsible for paying the remaining amount.

Both types of policies also typically require the policyholder to report any accidents or incidents to the insurance company as soon as possible. Failure to report an accident in a timely manner can result in the policy being denied or the policyholder being held liable for the damages.

However, there are also some differences between boat and auto insurance policies. For example, boat insurance policies often cover damage to the boat itself, whereas auto insurance policies typically do not cover damage to the vehicle. Additionally, boat insurance policies may also include coverage for personal property on board the boat, and for towing and salvage.

It's important to note that insurance policies can vary widely depending on the company and the type of policy purchased, so it's important to read and understand your policy before making a claim. Additionally, it's also important to consult with an attorney experienced in personal injury law to understand your rights and to navigate the legal process properly.

Can I file a complaint for a personal injury claim up until the day the statute of limitations expires?

The statute of limitations is a time period within which a person must file a legal claim. If a claim is not filed within the statute of limitations, it may be barred and the person may no longer be able to pursue the claim. The statute of limitations for personal injury claims can vary depending on the jurisdiction and the specific facts and circumstances of the case.

You may be able to file a complaint for a personal injury claim up until the exact day that the statute of limitations expires, but it is strongly recommended to file your claim well before the deadline. This is because the investigation, gathering of evidence and negotiation process can take time, and the earlier you file your claim, the more time you have to prepare your case.

It's important to note that there are certain exceptions to the statute of limitations which can extend the time to file a claim. For example, if the injured person is a minor or is under a legal disability, the time to file a claim may be extended. Additionally, it's also important to consult with an attorney experienced in personal injury law to understand your rights and to navigate the legal process properly.

In any case, it's always best to file a claim as soon as possible after the injury, to ensure that you have enough time to prepare a strong case, and to avoid any potential problems with the statute of limitations.

What happens when an insurance adjuster opens a new claim?

When an insurance company opens a new file for a car accident claim, the insurance adjuster assigned to the file will typically take the following steps:

It's worth noting that the specific steps and the time frame for each claim may vary depending on the complexity of the case, the insurance company's internal process, and the laws of the state where the accident occurred.

How does "Permanency" affect a personal injury lawsuit?

In the context of injury lawyer claims, "permanency" refers to the degree to which an injury is expected to be permanent or long-lasting. It is a measure of the extent to which an injury will affect the victim's ability to lead a normal life.

When an injury lawyer is evaluating a claim for a victim who has been hurt by the negligence of others, they will consider the permanency of the injury as it is a key factor in determining the potential value of the claim. Injuries that are expected to be permanent or have long-lasting effects are generally considered to be more serious and therefore may result in a higher settlement or award.

Examples of injuries that are considered to be permanent include spinal cord injuries, traumatic brain injuries, amputations, and severe burns. These types of injuries may result in a lifetime of medical expenses, lost wages, and other damages, and as such are considered more serious and will usually result in a higher settlement or award.

In contrast, injuries that are expected to heal fully, such as broken bones or soft tissue injuries, are considered less serious and may result in lower settlements or awards.

It's important to note that permanent injuries are not only physical, but also emotional, psychological and social injuries that may affect the victim's quality of life, and the lawyer will take this into account as well.

What does the term contributory negligence mean in Injury Law?

In the context of personal injury law, "contributory negligence" refers to a legal principle that states that if a plaintiff (the person bringing the lawsuit) is found to have contributed to their own injuries, their recovery of damages may be reduced or barred altogether.

The contributory negligence principle holds that if the plaintiff was partly at fault for the accident that caused their injuries, their damages will be reduced in proportion to their degree of fault. For example, if a plaintiff is found to be 20% at fault for an accident, their damages will be reduced by 20%. In some jurisdictions, if a plaintiff is found to be more than 50% at fault for an accident, they will be barred from recovering any damages at all.

The principle of contributory negligence can also be applied in situations where the plaintiff has failed to take reasonable care for their own safety, such as failing to wear a seatbelt or helmet, or disregarding traffic signals or signs.

It's worth noting that different states in the United States have different laws regarding contributory negligence. Some states follow the pure contributory negligence rule, where if the plaintiff is found to have contributed in any degree to the accident they are barred from recovering any damages. Other states follow the comparative negligence rule, where the plaintiff's damages are reduced in proportion to their degree of fault. Some states also have modified comparative negligence, which is a hybrid of pure contributory negligence and comparative negligence.

It's important to consult with an experienced personal injury lawyer who is familiar with the laws of your state to understand how contributory negligence may affect your case.

What does the term loss mitigation mean in Injury Law?

In the context of personal injury law, "loss mitigation" refers to the process of reducing or minimizing the financial losses of an individual or organization resulting from an accident or injury. It is an action taken by an insurance company or a defendant in a personal injury lawsuit to minimize the amount of damages they will be required to pay to the plaintiff.

Loss mitigation can take many forms, such as:

It's worth noting that the loss mitigation process may vary depending on the insurance company or organization. But, in general, the main goal of loss mitigation is to minimize the financial losses of the defendant while still providing fair compensation to the plaintiff.

It's important to note that in a personal injury case, the plaintiff's attorney will also play a role in the loss mitigation process, as they will try to negotiate a settlement or present evidence to maximize the plaintiff's damages.

What does the term Loss of Earnings mean in Injury Law?

In the context of personal injury law, "loss of earnings" refers to the financial losses that a person incurs as a result of being unable to work due to an injury. This can include wages, salary, bonuses, and other forms of compensation that a person would have earned if they were not injured.

In a personal injury lawsuit, the plaintiff may seek compensation for their loss of earnings as part of their damages. This is known as "loss of earning capacity," which refers to the plaintiff's ability to earn an income in the future. The plaintiff will present evidence of their past earnings and projected future earnings to support their claim for loss of earnings.

The calculation of loss of earnings can be complex and may include factors such as the plaintiff's age, education, occupation, and work history. An expert witness, such as an economist or vocational rehabilitation expert, may be used to provide testimony and evidence on the extent of the plaintiff's loss of earnings.

It's worth noting that loss of earnings may also include loss of benefits and opportunities that the plaintiff would have had if they were not injured. For example, if the plaintiff was on track for a promotion that would have resulted in a higher salary, this potential increase in earnings may also be considered as part of the loss of earnings calculation.

It is important to note that the loss of earning calculations are based on facts and evidence presented, and the court will consider the plaintiff's earning history, their ability to work and the impact of the injury on the earning capacity, among other factors.

What is Loss of Consortium in a Personal Injury Lawsuit?  Does it places a value on someone's life?

The term in personal injury law that refers to the value placed on someone's life and varies depending on their age and income is called "loss of consortium" or "loss of enjoyment of life" or "loss of society."

Loss of consortium refers to the loss of companionship, love, comfort, care, guidance, and protection that a person can provide to their spouse or family members. This is a separate claim that a spouse or family member can make in a personal injury lawsuit, in addition to the claim for the injured person's medical expenses, lost wages, and other damages.

The value of loss of consortium claim can be affected by the person's age, their relationship with the person who was injured and how the injury affects their daily life. For example, the loss of consortium claim for a child is usually lower than for a spouse. Additionally, the value of the loss of consortium claim can be affected by the person's income and earning capacity, as well as other factors such as their physical condition and the extent of the injury.

It's important to note that not all states recognize loss of consortium as a separate claim, and that the laws and the approach to this claim might vary among states.

How do I know if the insurance company handling my injury claim is practicing "Bad Faith"?

The term "bad faith" refers to the actions of an insurance company when it fails to act in good faith in handling a claim made by an insured individual. In the context of personal injury law, bad faith can refer to an insurance company's actions while processing a claim for injuries sustained in an accident.

Bad faith can take many forms, but some examples include:

Bad faith on the part of an insurance company can be detrimental to the policyholder, as it can delay the settlement of a claim, increase the costs of litigation, and cause additional stress and financial hardship for the policyholder.

It's worth noting that laws regarding bad faith practices vary among states and some states have strong legal remedies for policyholders who have been harmed by an insurance company's bad faith actions, while others do not.

If a policyholder believes that the insurance company is acting in bad faith, they should contact an attorney who specializes in insurance bad faith claims to advise them on the best course of action.

What happens if I'm not happy with the personal injury lawyer I'm currently working with?

If you're not happy with the personal injury lawyer you're currently working with, there are a few options available to you.

It's important to keep in mind that you have the right to choose the lawyer you work with, and it is not uncommon to change lawyers during a case. When you change lawyers, you should provide them with all the necessary information and documents to take over the case, and make sure that the new lawyer is aware of the deadlines and the status of the case.

Also, you should be aware that changing lawyers can have an impact on the case, and it could result in additional costs and a delay on the resolution of the case.

If I am in a rental car and someone hits me and causes an accident where my rental car hits a third vehicle?

In the scenario you described, if you were in a rental car and someone hit you, causing an accident where your rental car hit a third vehicle, the third car's injured victim would typically make a claim against the insurance policy of the driver who hit you, as they are considered to be at fault for the accident.

Typically, the liability insurance of the at-fault driver will cover any damages caused to the third car and its occupants.

However, if the at-fault driver does not have adequate insurance coverage or if the damages exceed their coverage limits, the third car's injured victim may also be able to make a claim against your insurance policy if you have additional coverage such as underinsured motorist coverage or umbrella coverage.

Additionally, if the rental car company provides additional insurance, such as a loss damage waiver (LDW) or collision damage waiver (CDW) as part of the rental agreement, that coverage may also be available to cover the damages caused to the third car.

It's important to note that laws and insurance regulations vary from state to state, and it's always recommended to consult with an attorney experienced in personal injury law to understand how the laws apply in your specific case.

Who is liable for a Drunk Driving accident?

The person who was operating the vehicle while under the influence of alcohol or drugs is typically liable for any accidents or damages that occur as a result of their actions. In addition, the owner of the vehicle may also be held liable if they knew or should have known that the driver was under the influence and still allowed them to operate the vehicle.

Can a bar or establishment that over-served a person alcohol that later caused a drunk driving accident also be liable?

Yes, a bar or establishment can be held liable for over-serving a person alcohol if it can be proven that the over-serving directly led to the drunk driving accident. This is known as "dram shop" liability, and it applies to any establishment that serves alcohol, including bars, restaurants, and liquor stores. To hold the establishment liable, it must be proven that the establishment served alcohol to a person who was visibly intoxicated and that the person's intoxication was a direct cause of the accident. Each state have their own dram shop laws, and some states have stricter laws than others.

How is negligence determined in a personal injury lawsuit?

Negligence is a legal concept that is used to determine liability in a personal injury lawsuit. To prove negligence, the plaintiff (the person bringing the lawsuit) must demonstrate that the defendant (the person being sued) had a legal duty to exercise reasonable care, that the defendant failed to exercise that reasonable care, and that this failure was the direct cause of the plaintiff's injuries.

The standard for determining negligence is what a reasonable person would have done in the same or similar circumstances. This means that the defendant's actions will be compared to what a hypothetical reasonable person would have done in the same situation.

The plaintiff must also prove that the defendant's actions were the direct cause of their injuries. This is known as "causation," and it requires the plaintiff to show that the defendant's actions were the direct cause of their injuries and that the injuries would not have occurred but for the defendant's actions.

In a personal injury lawsuit involving a car accident, for example, the plaintiff would need to prove that the defendant was negligent in operating their vehicle and that this negligence caused the accident and the plaintiff's injuries.

What if I can't pay my medical costs that resulted from injuries sustained in an accident?

If you are unable to pay your medical costs that resulted from injuries sustained in an accident that is involved in a personal injury lawsuit, you may be able to seek reimbursement through a settlement or a judgement in the lawsuit. If you are successful in your lawsuit, the defendant may be ordered to pay for your medical expenses as part of the judgement.

In addition, if you have health insurance, your health insurance may cover some or all of your medical expenses. However, it is important to be aware that some health insurance policies require policyholders to reimburse the insurer for any funds that the insurer pays out as a result of a personal injury lawsuit settlement or judgement.

You may also consider hiring an attorney on a contingency fee basis, which means that the attorney will only get paid if you win the case.

It is also possible that you may have other options, such as personal injury protection coverage under car insurance policy or Medical Payment coverage, these policies typically provide coverage for medical expenses regardless of who is at fault for the accident. It is always best to consult with an attorney or insurance professional to understand your rights and options in this situation.

How long will my personal injury case take?

The length of a personal injury case can vary depending on a number of factors, including the complexity of the case, the amount of evidence to be gathered, and the court's schedule.

Some personal injury cases can be resolved relatively quickly, within a few months, if a settlement can be reached early on. Other cases may take longer to resolve, and can take up to a year or more if the case goes to trial.

It's important to keep in mind that the process of a personal injury lawsuit typically includes several stages, such as investigation, discovery, and negotiation, which can take time. Additionally, if the case goes to trial, it can take several months or even years for a case to be resolved.

It is also worth noting that some states have a statute of limitations for personal injury cases, which is a time frame within which an injured person must file a lawsuit. This can vary from state to state and depending on the type of case. If you miss the statute of limitations, you may be barred from filing a lawsuit.

It's always best to consult with a personal injury attorney to get a better understanding of the specific time frame for your case and to learn more about the process.

Will my insurance premium rates go up if I file a personal injury accident claim?

Whether your insurance premium rates will go up if you file a personal injury accident claim depends on several factors, including the specific details of the accident, the cause of the accident, and the type of insurance coverage you have.

In general, if you file a claim for an accident that was caused by someone else, your insurance premium rates will likely not go up as a result of the claim. However, if you file a claim for an accident that was caused by you, your insurance premium rates may go up.

It's also worth noting that some insurance companies may increase your premium rates if you have multiple claims in a short period of time, regardless of who was at fault for the accidents.

It's important to keep in mind that each insurance company has their own policies and procedures when it comes to increasing premium rates, and these policies can vary between states.

It's always best to consult with your insurance company or agent to understand how your specific policy works and how filing a claim may affect your premium rates. An attorney may also be able to advise you on how the process works and how to minimize the potential impact on your insurance premium rates.

How would I know if I should pursue a wrongful death personal injury claim?

If you have lost a loved one due to someone else's negligence or misconduct, you may be able to pursue a wrongful death personal injury claim. Some of the factors that may indicate that you should pursue a wrongful death claim include:

It is important to seek the advice of a wrongful death attorney who can help you to understand your rights and the process of pursuing a wrongful death claim. An attorney can help you to understand the strength of your case, the potential compensation that may be available, and the steps that need to be taken to pursue a wrongful death claim.

It's also worth noting that each state has its own wrongful death laws, which govern who can file a claim, the time frame for filing a claim, and the types of damages that can be recovered. Therefore, it's important to consult with an attorney who is familiar with the laws of your state.

Keep in mind that a wrongful death case is a serious matter, and can be emotionally taxing, so it's important to consider the emotional toll on you and your family before deciding to pursue a wrongful death claim.

Who is liable for my car accident personal injury claim?

In a car accident personal injury claim, the liable party is the person or entity whose negligence or misconduct caused the accident and your injuries. This can include:

It's important to note that each state has its own laws and regulations that govern car accidents, and the liable party may vary depending on the specific facts and circumstances of the case. An experienced personal injury attorney will be able to help you understand who may be liable for your accident and injuries, and how to pursue a claim against that party.

If my personal injury lawsuit goes to trial, what is the process and timeline?

Whether your personal injury lawsuit will go to trial depends on a number of factors, including the specific details of your case, the strength of the evidence, and the willingness of the parties to negotiate a settlement.

Many personal injury cases are settled out of court through negotiation between the parties or through mediation. In these cases, a settlement agreement is reached, and the case does not go to trial. This is often quicker, cheaper and less stressful than a trial.

However, if the parties are unable to reach a settlement agreement, the case will proceed to trial. The trial process for a personal injury case typically includes several stages, including:

The timeline for a trial can vary depending on the complexity of the case, the court's schedule, and other factors. It could take several months or even years for a case to go to trial.

Keep in mind that the trial process can be a complex and time-consuming process, therefore, it is advisable to have a good understanding of the process and the timeline before deciding to pursue a trial. An experienced personal injury attorney will be able to guide you through the process and help you understand what to expect.

What should I do after I am involved in a trucking accident that injured me?

If you have been involved in a trucking accident and believe you have a personal injury claim, there are several steps you should take to protect your rights and preserve evidence:

It is important to act promptly after the accident, as there may be strict deadlines for filing a claim and gathering evidence. An attorney will be able to provide you with the guidance and representation you need to navigate the process and protect your rights.

What are the statute of limitations in each state? 

The statute of limitations for personal injury cases varies from state to state. It is the time frame within which an injured person must file a lawsuit from the date of the accident or injury..

It's important to note that there may be some exceptions to this general rule, such as if the injured person is a minor or if the injury was not immediately apparent. In such cases, the statute of limitations may be tolled, or delayed, until the injured person reaches the age of majority or until the injury is discovered.

It's also worth noting that some claims against the government have different time limits, and it's important to consult with an attorney who is familiar with the laws of Washington, D.C. to confirm the statute of limitations that applies to your case.

It's always best to consult with an attorney as soon as possible after an accident to ensure that your rights are protected and to make sure that you file your claim within the statute of limitations.


Here is a general overview of the statute of limitations for personal injury cases in some states in the United States:

It is important to note that these are general guidelines and there may be exceptions and variations based on the specific facts and circumstances of a case. Additionally, these time limits may change and it is important to consult with an attorney who is familiar with the laws of your state to confirm the statute of limitations that applies to your case. If the statute of limitations expires, you will be barred from filing a lawsuit.

What are unusual things to know about personal injury law?

What are the 10 most common personal injury claims filed?


It's worth noting that this list is not exhaustive and there are many other types of personal injury claims that can be filed. The specific circumstances and details of the incident will determine the type of claim and the liable party. 

What is a "Class Action" lawsuit?

A class action lawsuit is a legal proceeding in which a large group of people collectively sue another party, typically a corporation or business. The individuals in the group, known as "class members," have claims against the defendant that are similar or related to one another. The class action allows the claims of many individuals to be resolved in a single lawsuit, rather than each person having to file a separate suit. The lead plaintiff, or "class representative," typically represents the interests of the entire class in the litigation. 

There have been many class action lawsuits that have gained attention in the media over the years. Some examples include:

How much is a lawyer for a car accident personal injury case?

The cost of hiring a lawyer for a car accident personal injury case can vary depending on a number of factors, such as the complexity of the case, the attorney's experience and reputation, and the location of the case.

Many personal injury attorneys handle car accident cases on a contingency fee basis, which means that the attorney will only get paid if you win the case. In a contingency fee arrangement, the attorney will typically take a percentage of the settlement or award as their fee. This percentage can vary, but it's usually between 25% to 40% of the total settlement or award.

It's also worth noting that some attorneys may charge additional fees for expenses incurred during the case, such as court filing fees, the cost of hiring expert witnesses, or the cost of obtaining medical records. These expenses will typically be paid out of the settlement or award, so you will not have to pay them out of pocket.

It's important to keep in mind that the cost of hiring a lawyer should not be the only factor in your decision to hire an attorney. It's more important to find an attorney who has the experience and qualifications to handle your case effectively, and who you feel comfortable working with.

It's always best to have a clear understanding of the fee arrangement and any potential additional costs before hiring a lawyer for your car accident personal injury case.