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​What Is Your Accident Injury Claim Worth?

Accidents are often unavoidable and happen frequently. For example, slip and fall accidents account for over one million hospital visits every year. Car accidents cause injuries to over two million people per year in the United States.

After sustaining injuries in an accident, you may have legal options to help you recover financially for your expenses and losses. It is common to have many questions, including how much your claim is worth.

Continue reading to better understand accident injury claims, what determines the value of your case, and how an injury attorney can help you.

Pursuing Compensation After an Accident

After sustaining injuries in an accident, how you pursue compensation often depends on the details of your accident and who’s liable for your losses.

Car accidents are some of the most common types of accidents. After a collision, you’d likely first seek compensation through your insurance.

In many cases, your insurance pays you to cover your expenses, including medical bills and property damage, and later attempts to recover from the at-fault driver’s insurance company.

If the policy limits don’t cover your injuries and losses, you might consider filing a lawsuit to pursue compensation directly from the liable party.

In some cases, filing a lawsuit may be your first option.

To fully understand how you can seek fair compensation after your accident, it’s best to discuss your case with an experienced attorney in your area.

Types of Claims to File After an Accident

After an accident, you may file a personal injury lawsuit. Personal injury law protects you in cases where you’ve suffered injuries because of someone’s actions or failure to act. A personal injury claim is a civil lawsuit allowing you to hold the responsible party accountable for their wrongdoings and pursue financial recovery for your losses.

Common personal injury lawsuits arise from the following types of incidents:

In the most unfortunate cases, an incident leads to the victim’s death. If the accident ends in the victim’s passing, the victim’s family can file a wrongful death lawsuit.

Similar to a personal injury, a wrongful death results from an individual’s wrongdoing—the only difference is the victim passes away. A wrongful death lawsuit allows the victim’s family to hold the liable party responsible for their actions or inaction and seek financial compensation for their loss.

An accident attorney can answer your questions, address your concerns, and help create a legal plan of action to help you get the recovery you deserve.

Damages Available for Accident Claims

Claim ValueDamages serve to compensate you for your injuries, tangible losses, and intangible losses. Damages fall into two main categories: economic and non-economic.

Economic damages directly result from your accident and are typically easier to assign a value to.

These include:

  • Medical bills
  • Lost wages
  • Loss of earning potential
  • Property damage

Non-economic damages, on the other hand, are also related to your accident but are not as easy to calculate as they represent intangible losses.

They can include:

  • Pain and suffering
  • Mental and emotional distress
  • Loss of enjoyment of life
  • Permanent scarring or disfigurement

Punitive damages are not granted in every case, as they require the defendant’s actions to go beyond mere negligence—the defendant’s actions must usually be grossly negligent, malicious, or intentional. When you receive punitive damages, this punishes the defendant and hopefully deters other future actors from acting the same way.

Damages are unique to every case and can be particularly challenging to calculate. An accident lawyer will review the details of your case to ensure they’re pursuing maximum compensation on your behalf.

Determining How Much Your Accident Claim is Worth

Because every accident case is different, there is no “average” you can expect to receive. Typically, the value of your claim depends on the details of your case and certain important factors.

Factors Affecting the Value of Your Claim

When determining how much your case is worth, your personal injury attorney will review your situation and weigh certain factors.

The factors that commonly affect the value of an accident claim include:

  • The type of case
  • The extent and severity of your injuries
  • Your financial losses, including medical bills and rehabilitation costs
  • The time you missed from work and your lost income
  • Whether the accident caused a disability
  • Insurance policy limits

These and other details can help your lawyer determine the true value of your case. Once you know what your case is worth, your attorney can work diligently to get you the compensation you deserve for your losses and injuries.

What You Do After an Accident Can Affect Your Claim

If you don’t know much about personal injury claims, you may not know what to do after an accident. However, your actions can affect the value of your claim.

Seek Medical Attention

Whether or not you receive emergency medical aid at the scene of an accident, you should always follow up with your healthcare provider.

Some injuries take some time to appear, and you may believe you walked away unharmed. A full physical exam can provide some insight regarding any potential injuries.

Additionally, the sooner your doctor can determine what injuries you suffered and the severity, the quicker you can begin medical treatment and get on the road to physical recovery.

Follow Through with Medical Treatment

Your physical recovery may take some time, but it’s crucial to stay the course and complete your treatment in its entirety.

Medical records are some of the most important evidence in accident claims. If you don’t complete treatment, this can potentially communicate to the defense that your injuries were not that serious, seriously affecting your ability to receive a financial recovery.

Document Everything

A Checklist for What You Should Do After a Car Accident Abels and AnnesIf possible, document everything after your accident.

This can include:

  • Taking photos and videos of your injuries and damage
  • Maintaining a pain journal to track your injuries
  • Keeping track of missed days at work and lost wages
  • Writing down anything relevant or helpful to your case

Your lawyer handles your case, but you can always try to help them. Keeping records and documenting certain details can help your attorney tremendously as they build a strong case on your behalf.

Avoid Speaking to the Defendant’s Insurance Company

While the defendant’s insurance company may contact you and pretend to care, they do not—they’re trying to help themselves.

Insurance companies work hard to avoid paying you. The other party’s insurance company usually contacts the plaintiff wanting to get a recorded statement and ask questions. They’ll then attempt to use your words against you.

If the other party’s insurer contacts you, avoid speaking to them without consulting with your attorney.

Who Pays for My Injuries?

Who ends up paying for your injuries and financial losses depends on your case. The person responsible for your accident and injuries is always legally responsible for your compensation.

The individuals or entities often liable in accident claims include:

  • The driver of a car or truck
  • A property owner or occupier
  • A manufacturer
  • The party responsible for vehicle or truck maintenance
  • A dog or animal owner
  • A medical provider
  • A hospital or medical care facility

In many cases, the individual does not pay you—their insurance covers your damages.

Is There a Guarantee I Will Get a Settlement for My Injuries?

Unfortunately, sometimes, even if you’re entitled to compensation, it does not automatically mean you’ll get it. Insurance companies do everything in their power to limit their liability. They do this to avoid paying you what you deserve.

Therefore, you must get quality legal representation. A qualified accident attorney will stop at nothing to get you the financial recovery you deserve for your injuries.

Should I Accept a Settlement Offer?

It is not uncommon for insurance companies to give you a settlement offer early on. Do not accept an offer without first consulting with an attorney.

Settlement offers are commonly low and don’t pay what you truly deserve. The insurance company hopes you’ll accept their offer so it can close your claim.

Once you accept a settlement offer, there’s no going back—you can’t change your mind or later ask for more money.

It is always best to let an accident lawyer handle negotiations with the insurance company. That way, you know you’re getting what you deserve.

How Long Does it Take to Settle an Accident Claim?

The length of time your case takes to settle rests on many details, including:

  • The extent of your injuries
  • How long your medical treatment takes
  • How long you need to recover
  • Whether you can settle or must file a lawsuit
  • If you file a lawsuit, the amount of time it takes to participate in the discovery phase
  • The insurance company’s willingness to settle
  • Whether your case settles pre-trial or goes to court

Discuss your concerns with your accident lawyer. While they cannot give you an exact answer, your attorney can assess your case and the important details, giving you a better idea of what you can expect.

Will I Need to Go to Court to Get Compensation for My Accident?

Not every case goes to trial. Only a small percentage of personal injury cases in the U.S. see the inside of a courtroom, with most cases settling before trial.

Your personal injury attorney will work to settle your case before going to trial. Trials can be time-consuming, stressful, and costly. Both parties often try to avoid going to trial if possible.

If your lawyer files a lawsuit, after obtaining all the evidence and information they need from the discovery phase, they’ll attempt to settle your case before it goes to court.

In many cases, this tactic succeeds because:

  • The defense feels you have a good chance of winning at trial
  • The opposing party believes you may get more at trial than if they agree to settle
  • The defendant wants to avoid trial altogether

In rare cases, your accident attorney may advise you to take your case to trial.

This is often because:

  • The defense won’t agree to the fair figure your case is worth
  • The opposing party isn’t willing to settle at all
  • Your lawyer feels going to trial will result in a more favorable outcome

Whether your case settles or goes to trial, you can trust your lawyer will do what is best for your case and protect your right to fair compensation.

How a Personal Injury Attorney Can Help You

A personal injury lawyer will handle your case from start to finish, seeing every step through promptly and correctly.

Your attorney will take on every case related to your accident claim, including:

  • Thoroughly investigating your case
  • Drafting and filing court documents
  • Gathering evidence
  • Calculating the value of your case
  • Handling communication with the insurance company
  • Engaging in settlement negotiations with the opposing party
  • Representing you at trial, if necessary

Having a knowledgeable personal injury attorney representing you puts you in the best possible position. While you’re not legally required to have a lawyer handle your claim, you’ll likely end up with a more favorable result.

If you handle your case pro se, meaning you represent yourself, the insurance company will take full advantage. Insurers prey on individuals that don’t have a skilled attorney handling their case. They know you don’t have the knowledge and experience a lawyer has and, therefore, they can take advantage of you and the situation, usually resulting in an unfair settlement.

Speak with a personal injury attorney to start work on your case as soon as possible after sustaining injuries in an accident.

Always Consult with a Personal Injury Lawyer After an Accident

Dave Abels Lawyer
Personal Injury lawyer, Dave Abels

After suffering injuries in an accident, you’re not alone. Having a lawyer on your side will provide invaluable peace of mind. A personal injury attorney can help protect your rights and seek the financial recovery you deserve.

​What is a Personal Injury Lawsuit?

Injuries are an inevitable part of life. Recently, the National Safety Council (NSC) reported 55.4 million injuries in one year in the United States.

However, if your injuries happened due to another’s wrongdoing, you may be legally entitled to compensation with a personal injury lawsuit.

If you’ve suffered harm, you’re not alone. A personal injury attorney can help protect your rights and pursue fair compensation for your injuries and losses.

Continue reading to better understand what a personal injury lawsuit is and what the process entails.

What is a Personal Injury?

Under the law, there are three types of harm done to an individual: bodily harm, harm to reputation, and property damage.

A personal injury involves harm to an individual’s body. In some cases, it can also include mental and emotional harm. While you cannot file a lawsuit for just any type of injury, if another person harmed you, it can be a personal injury.

When Does a Personal Injury Lawsuit Arise?

Personal injury law exists to help victims recover for the harm caused by another’s actions or failure to act. Personal injury claims are civil lawsuits arising when a person’s actions or omissions cause another person injury. If an individual or entity causes your injuries, a personal injury lawsuit allows you to hold the liable party accountable for their actions while seeking financial recovery for losses.

Certain preventable accidents can result in lawsuits, including:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Slip and falls
  • Dog bites
  • Intentional killing

If you suffered an injury due to another, you may file a personal injury lawsuit. Do not hesitate to discuss your situation with a personal injury attorney as soon as possible after the incident.

Common Types of Injuries

Personal injury incidents can result in a variety of injuries. These injuries can be life-changing and may require medical treatment after the accident and in the future.

Injuries that may result from an accident or incident include:

In the worst cases, an individual’s actions can result in the victim’s death. If the victim passes away, their family can file a wrongful death lawsuit or survival action claim to pursue compensation for the wrong done to their loved one.

Compensation Available for a Personal Injury Lawsuit

Compensation for a personal injury should cover the injury-related losses you’ll face. However, the type of damages you’re eligible to receive will depend on the details of your case. Personal injury damages typically fall into economic, non-economic, and punitive categories.

Economic damages are easy to calculate,

through:

  • Medical bills
  • Rehabilitative costs
  • Lost wages
  • Lost earning capacity

Non-economic damages are more challenging to calculate because these losses are intangible and difficult to prove.

They include:

Some victims may receive punitive damages. A judge or jury can grant punitive damages in cases where a defendant’s actions go beyond negligence and are intentional, malicious, or egregious. These damages serve to punish and deter – punish the defendant for the actions and deter future actors from engaging in such behavior.

Calculating damages is one of the toughest parts of a personal injury case, especially if you’re unaware of the damages you’re eligible to receive. A personal injury attorney will examine the details of your case to determine how much you deserve and work diligently to pursue maximum compensation on your behalf.

Factors Affecting Value of a Personal Injury Case

One of the biggest questions plaintiffs have is, “how much is my case worth?” There is no average settlement amount for personal injury cases—the value of your case depends on many factors.

The details that most affect the value of your personal injury lawsuit include:

  • Your age and health
  • The type and severity of injuries you sustain
  • Medical and rehabilitative expenses
  • The total amount of lost wages
  • Who was liable for the accident and resulting injuries
  • Whether you’ve suffered a disability
  • Whether you’re also experiencing mental and emotional trauma

Your personal injury attorney or judge can review these and other factors when determining how much your case is truly worth.

The Personal Injury Claim Process

The personal injury process often follows similar procedures as other cases. Knowing the steps involved can give you a better idea of what you might expect.

Consult a Personal Injury Attorney

Be sure to consult with a personal injury lawyer as soon as possible after your accident. Your attorney will review your situation, ask the right questions, and help create a feasible legal strategy.

Speaking with an attorney will give you peace of mind, answer your most pressing questions, and get you started on your path to financial compensation.

Demand Letter

First and foremost, your personal injury attorney will thoroughly examine the details of your case to familiarize themselves with your case. What they do subsequently depends on your case.

Depending on your case, your lawyer may start by sending the defendant’s insurance company a demand letter.

In this letter, they’ll provide certain information, including:

  • Details of the accident
  • Why their insured caused the accident
  • The extent of your injuries
  • Details regarding your losses

The letter will then propose a figure and make a settlement demand. The insurance company will then respond to the letter. If they do not respond, reject the demand, or refuse to engage in settlement negotiations, your lawyer can file a lawsuit.

File a Personal Injury Lawsuit

If necessary, your lawyer will then file a personal injury lawsuit. In some cases, your attorney may forgo the demand letter and go straight to filing a claim.

Initiating the lawsuit requires drafting and filing a complaint with the court detailing the specifics of your case, your losses, and the relief sought.

After filing the required documentation with the court, the opposing party will be served with copies, formally notifying them of the lawsuit.

The opposing party will have some time, usually about 30 days, to file their response with the court. If they fail to respond, your lawyer can pursue a default judgment, giving you the relief you requested in your complaint.

However, in most cases, the opposing party will respond, contesting the claims in the complaint. After the defendant files their response, the case can proceed.

The Discovery Process

The discovery phase allows both sides to obtain and review evidence while building their case.

The discovery process can include:

  • Interrogatories
  • Requests for admission
  • Requests for production
  • Depositions

Your attorney takes this time to build on the information they already have from reviewing the details of your case. The discovery phase allows your lawyer to gather what they need to build a strong case.

Settlement Negotiations

After the discovery phase has concluded and both sides have what they need, your attorney will attempt to engage in settlement negotiations once again.

Pre-trial negotiations are often successful, with about 95 percent of personal injury cases in the United States settling before trial.

A trial can be costly, time-consuming, and stressful for both parties. Therefore, defendants are usually more willing to settle before trial to help avoid the extra cost and time.

Frequently, the defense will agree to settle before going to court because:

  • They know they don’t have a good likelihood of winning
  • They think the plaintiff may get even more money at trial
  • They want to resolve the case quickly

Settlement negotiations may require some time and plenty of back and forth, but your lawyer will try to get you the best possible settlement.

Trial

While most cases don’t make it to trial, some do.

If your personal injury attorney recommends you proceed to trial, it’s usually because:

  • The other side is offering too little
  • The defendant is not willing to negotiate at all
  • Your attorney feels going to trial can be the best move

Never fear trial, as it can be the best decision for your case. Always ensure you hire a skilled litigator in case your case needs to go to court.

Building a Strong Personal Injury Case

You can fully trust your personal injury attorney to handle your case. However, there are certain steps you can take to help your chances of reaching a successful outcome.

Seek Medical Attention

As soon as possible after your accident or injury, get medical attention. If your injuries are severe enough, you may receive aid at the accident scene. Still, you should always follow up with a visit to the emergency room or your primary care physician.

A doctor can conduct a physical examination to determine the extent of your injuries. They’ll then provide recommendations for treatment to help get you on the road to physical recovery.

Follow Through with Medical Treatment

One of the most important things you can do is complete your medical treatment as prescribed. Many plaintiffs fail to follow through with their treatment, stopping mid-way. Even if you begin to feel better and think you don’t need to continue any further treatment, never stop before your doctor releases you.

Failing to complete medical treatment can make the opposing party question the severity of your injuries or whether you even suffered injuries in the first place. This can hurt your case, resulting in a diminished settlement.

Gather Evidence

Whenever possible, gather as much evidence as possible.

Strong evidence can include:

  • Photos and videos
  • The liable party’s information
  • Witness information
  • Documentation proving your losses

Additionally, police reports and medical records can help your case considerably. If you need assistance getting this documentation, which is common, your attorney can help.

Avoid Speaking With the Defendant’s Insurance Company

The other party’s insurance company is not on your side. After an accident, it is common to have the defendant’s insurer call you requesting a statement. They’ll ask many questions, including how the accident occurred from your perspective.

Insurance companies are always utilizing tactics to help avoid or limit liability, so they don’t have to pay you. They will attempt to use your words against you.

If an insurance company other than yours calls, kindly tell them you cannot speak to them without first consulting your lawyer.

How Long Does a Personal Injury Case Take to Resolve?

Every case is unique. Therefore, there is no average time you can expect your case to take.

Many factors dictate how long your personal injury case can take to complete, including:

  • The extent of your injuries
  • How long it takes you to recover from your injuries
  • How long the discovery phase lasts
  • Whether there are questions regarding liability
  • Whether the opposing party is willing to negotiate
  • Whether your case goes to trial

While it can frustrate you, remain patient throughout the process. Your attorney knows what they’re doing—rushing them can result in an unfair settlement.

How Can a Personal Injury Attorney Help?

While you’re free to handle your personal injury case, hiring an attorney frequently yields better results.

Your personal injury lawyer will handle the most critical parts of your case, including:

  • Investigating your claim
  • Drafting and filing court documents
  • Communicating with the opposing party
  • Gathering evidence and documentation
  • Calculating your damages
  • Engaging in settlement negotiations
  • Representing you at trial, if necessary

A personal injury attorney is well—versed in the law and procedures for your case. They have the skills and resources to advocate for your right to fair compensation.

Consult with a Personal Injury Lawyer Today

Gary Annes Injury Accident Lawyer
Gary Annes, Personal Injury Lawyer

If you suffered injuries at the hands of another, discuss your case with a personal injury attorney as soon as possible. Time is of the essence with personal injury cases, so the sooner you allow a lawyer to begin working on your case, the better.

​What Happens in a Personal Injury Lawsuit After the Deposition?

Injuries happen every single day for multiple reasons. For example, in one recent year, the Bureau of Transportation Statistics reported over 2.2 million individuals suffered injuries in car accidents.

Suffering injuries is often inevitable. But if someone else was the cause of your accident and resulting injuries, you may have legal options. A personal injury attorney can review the details of your incident to determine where you have a valid claim for personal injury.

When you file a personal injury lawsuit, you can expect a long process full of many stages and steps on the way to resolution. One essential part of a case is discovery, where attorneys take several depositions to collect detailed information.

Continue reading to understand what depositions entail and how they can help your case.

What is a Personal Injury Lawsuit?

Personal injury involves suffering harm because of someone else’s actions or failure to act.

A personal injury lawsuit allows you to hold the responsible individual or entity accountable for their negligent acts while also allowing you to pursue financial recovery for your injuries and losses.

Personal injury lawsuits can arise from a variety of accidents and incidents.

The most common include:

All of the above have something in common: the injuries resulting from these incidents are the result of someone’s acts or omission.

It is helpful to note that, while the most unfortunate cases result in the victim succumbing to their injuries and passing away, this does not eliminate all possibilities for legal action. In these situations, the victim’s family might file a wrongful death or survival action to hold the at-fault party responsible and pursue compensation for losses resulting from losing their loved one.

If you’ve sustained injuries at the hands of another, do not hesitate to contact a personal injury attorney to discuss your situation and your legal options.

The Typical Personal Injury Lawsuit Process

To better understand what happens after depositions, it’s helpful to get a bigger picture and comprehend the whole personal injury lawsuit process to give you a better idea of what you can expect.

Initiating the Lawsuit

​What Are the Steps in a Personal Injury Lawsuit?The first step you’ll take is consulting with a qualified personal injury attorney to discuss the details of your case. Your lawyer will ask questions and gather as much information as possible to create a legal strategy.

Depending on your situation, your attorney may begin by sending the opposing party’s insurance company a demand letter.

A demand letter provides details regarding:

  • Your accident
  • The insured’s liability
  • The extent and severity of your injuries
  • Your losses

Your lawyer will calculate your losses and include them in the letter for the insurance company to consider.

After receiving the letter, the insurance company can then either:

  • Respond to the letter agreeing to the settlement amount provided
  • Respond to the letter denying the allegations and settlement amount
  • Not respond at all

In some cases, your lawyer will forgo sending any letter and go straight to filing your personal injury lawsuit.

To initiate the lawsuit, your attorney will draft a complaint to file with the court. The complaint includes information regarding your accident, injuries, and resulting losses. It also consists of a prayer for relief, detailing the compensation you seek.

After filing the complaint and required documentation, your lawyer will serve the opposing party. Service of process provides the defendant with formal notification of the lawsuit.

After receiving service, the opposing side must file their response with the court. The answer often contests the claims in the complaint.

After the defendant files a response, the lawsuit can proceed.

The Discovery Phase

The discovery process allows both sides to dig up evidence and information that can potentially help their arguments.

Attorneys will collect information through interrogatories, requests for production, and requests for admissions. Additionally, attorneys will conduct depositions.

This phase is the most time-consuming, as it can take quite some time for both the plaintiff and defendant to get everything they need to build their case.

Pre-Trial Settlement Negotiations

After the discovery process, your personal injury lawyer will engage in settlement negotiations with the opposing party and their insurance company representatives.

Defendants are most likely to settle during this phase because they know much more about the case and have acquired all the necessary information. About 95 percent of personal injury cases in the United States settle before trial.

While not common, if the opposing party refuses to settle, it’s because they feel they have a good chance of winning at trial or the plaintiff’s settlement figure is too high.

Most personal injury attorneys can resolve cases and get their clients the settlements they deserve after the discovery process.

Trial

If settling with the opposing party is impossible, your attorney will continue pursuing compensation in the courtroom.

During the trial, the judge (and sometimes a jury) will hear both sides’ arguments, evidence, and testimony. The judge or jury must then decide if you’re eligible to receive any compensation.

While going to trial can be risky, if your personal injury attorney decides it is the best course of action, you can fully trust their decision.

Many people want to avoid a trial, as it can be even more time-consuming, stressful, and costly for both sides. However, some injury victims must go to court to obtain what they deserve.

What is a Deposition?

What Happens After A DepositionA deposition may seem like a foreign concept for those unfamiliar with legal procedures. But depositions can play an integral role in a personal injury lawsuit.

A deposition is a declaration made out of court made under oath. During a deposition, the person deposed, referred to as the deponent, appears before the attorneys in the case and a court reporter to give sworn testimony.

A lawyer in the case will want to depose someone with specific knowledge of the claim or some important detail of the case. If the attorney wishes to depose someone, they’ll need to serve the individual with a subpoena.

An individual formally receives a subpoena through a process server. The document contains details regarding the date, time, and place of the deposition and the case in question. Additionally, the subpoena will command the individual’s attendance—depositions are not optional.

What Happens During a Deposition?

During the deposition, the parties will meet at a specified location on a specific date and time. For example, the deposition may occur at the defense attorney’s office.

The lawyer that requested the deposition will ask the deponent various questions. The types of questions depend on who the individual is and what information the attorney is seeking.

Deponents can include:

  • The parties to the case
  • Treating physicians
  • Witnesses to the incident
  • Expert witnesses
  • Family and friends

There is usually no set time to take a deposition. Depositions can last anywhere from an hour to an entire day. The amount of time it takes typically depends on the number of questions.

How are Depositions Helpful?

Depending on the situation, depositions can be extremely helpful for your case.

They serve many purposes, including:

  • Getting more information about the case
  • Finding out what a party knows about the accident or incident
  • Establishing the cause of the accident
  • Determining who’s liable for your injuries
  • Creating a solid record to be used later on in court
  • Getting an idea of how a witness will testify in court
  • Determining how credible a witness is
  • Getting specialized information from an expert witness

Attorneys always have a reason to depose an individual. Depositions can provide valuable insight and critical information.

What Happens After Depositions?

Your personal injury attorney may need to take multiple depositions of various witnesses before they’ve officially concluded the discovery phase of your case.

After each deposition, your lawyer will likely want to review the questions and answers. The court reporter, who takes down everything said throughout the entire deposition, can provide a written transcript. Your attorney can request either a hard copy or an electronic copy to read.

Your lawyer will take whatever helpful information they need from the transcript to help strengthen your case. These details can then help them when it comes time to engage in settlement negotiations or prepare for trial.

Depositions are an essential part of the discovery phase—you can expect both sides to take advantage of this. Your attorney will create a strategy to take depositions and extract whatever pertinent facts they need to pursue fair compensation for your case.

Can Lawyers Depose an Individual More than Once?

An individual can be deposed more than once. However, more than one deposition for a single individual is not typical.

Usually, if new facts arise, an attorney may need to re-depose an individual. In some cases, a judge can also order a deposition.

Generally, attorneys try to only depose individuals only once unless there is a valid reason to request a subsequent deposition.

Does the Deponent Need an Attorney?

Whether the deponent needs an attorney depends on who the deponent is.

If the deponent is another individual, like a witness to the accident or an expert witness, they do not need to hire an attorney for their deposition. They are not a party to the case and, therefore, do not need legal representation.

If the deponent is a party to the case, their attorney needs to attend the deposition with them. So, for example, if you are undergoing a deposition by the defendant’s attorney, your personal injury attorney will be there with you.

However, if you try to handle your claim unrepresented and you have a deposition with the opposing party, you will attend on your own without a lawyer.

Personal injury lawyers are all-around beneficial to have for your case, but especially when it comes to depositions. Not only will they protect your rights and best interests during your deposition, but they’ll also schedule their depositions to gather pertinent information for your case.

Do I Need an Attorney to Handle My Personal Injury Lawsuit?

Many people wonder whether they need a lawyer, and they might even try to start their case without legal guidance. However, in most cases, a lawyer can help you achieve a much better result than you’d get handling your own case. This is especially the case if you need to file a lawsuit, which requires following strict and complicated Rules of Civil Procedure.

A personal injury attorney knows the law and procedures for your case. They have the experience and resources needed to build a strong case and work toward getting you the financial recovery you need.

When you hire a lawyer, you’re no longer responsible for the major tasks associated with your case.

Your attorney will:

  • Thoroughly investigate your claim
  • Draft and file necessary court documents
  • Gather relevant evidence and documentation
  • Uncover the cause of your injuries
  • Determine liability
  • Calculate your damages
  • Participate in the discovery process
  • Engage in settlement negotiations
  • Represent you in court

When you try to represent yourself, you risk having a tough time communicating and dealing with the opposing party’s insurance company. Insurance companies can sense when an individual has little knowledge of the personal injury process and take advantage of the situation, usually resulting in an unfair settlement.

You only have one opportunity to pursue compensation for your injuries and losses. Having a personal injury lawyer handling your case gives you the best possible chance of getting a fair outcome in your case.

Speak to a Personal Injury Lawyer Today

Dave Abels Lawyer
Personal Injury lawyer, Dave Abels

If you’ve suffered an injury caused by another person, you may have legal options. Put yourself in the most favorable position by discussing your case with a skilled personal injury attorney.

Your lawyer can help protect your rights and seek maximum compensation on your behalf while you focus entirely on your physical recovery.

​How Much Does a Lawyer Cost Per Hour?

Having an experienced lawyer on your side when you have legal trouble can be a great resource. A lawyer with a successful track record in the area of law where you are having difficulty can only increase your chances of success. Choosing the best lawyer is the first step to a positive outcome for your case, but the cost of a lawyer is an essential factor to weigh when choosing a legal team.

So, how much do lawyers cost per hour? Do all lawyers charge by the hour? To learn more about how much a personal injury lawyer costs, continue reading.

Is Hiring a Lawyer Expensive?

How Much Does a Lawyer Cost Per HourHiring a lawyer can be expensive, but not always. We will discuss the factors that affect how much a person can pay for a lawyer’s work below. The cost of a lawyer will also depend on what type of payment structure you and the lawyer have agreed to, the lawyer’s experience and track record, the amount of work and firm resources the case requires, the lawyer’s reputation, and the area where the lawyer practices.

The cost of a lawyer is a significant consideration that most people have when looking into whether they can hire legal help. If you want to hire a lawyer to help you with your legal issue, weigh the costs and benefits.

How Do Law Firms Charge for Their Services?

You may be vaguely familiar with the various payment structures that lawyers use, but you may not know how each works. Here are some of the most common payment structures that lawyers use and how each structure affects the client.

Contingency Fee

Payment depends on the results of the case and won’t be due until after the case. Lawyers typically use a contingency fee model in personal injury cases. The American Bar Association Model Rules of Professional Responsibility prohibits lawyers and clients from entering into a contingency fee agreement if the client is facing criminal charges or has a family law case.

Clients and lawyers agree on payment before the lawyer begins working. In a typical contingency fee agreement, a lawyer will charge the client a percentage of the final settlement amount as their fee. The client will usually pay the lawyer around 33 percent of the final settlement, depending on how the case resolves. Clients pay no fees if the attorney does not obtain compensation for their losses. This aligns with your interests and is a win-win situation for everyone.

Flat Fees

A flat fee is a set amount of money a lawyer charges for their work. A flat fee is a common form of payment for legal services. A flat fee agreement is advantageous for a client because there are no surprises when the bill comes. Clients know exactly how much they will have to pay for a lawyer’s services.

Flat fee agreements are standard in certain case types, but not all. Because flat fees are a one-time payment despite the amount of work, the lawyer may choose a payment structure that will adequately compensate them for their work. Although the Model Rules allow a flat fee payment arrangement in any case type, lawyers do not choose this payment structure for all cases, especially not for injury claims.

Hourly Fees

Hourly fees are the most common fee arrangement between lawyers and clients. Lawyers can use hourly fee agreements in any case, but this does not mean they do. Under an hourly fee structure, the lawyer charges a certain amount of money per hour – or partial hour – worked on a case.

Hourly payment structures are not finite, like a contingency fee agreement or a flat fee arrangement. Because of that, there may be some anxiety from the client during each billing cycle because there is no way for the client to predict how much money they will owe for the lawyer’s work. Most lawyers keep an itemization of the work they and their staff do on your case each billing cycle, and you can ask for a copy for clarification on your bill.

How much a lawyer charges hourly for their services depends on various factors. The differences among lawyers can lead to drastically different charges. However, hourly fees are not a concern in injury claims.

What Determines a Lawyer’s Fees?

Several factors influence how much a lawyer will charge for their services. If you learn about the lawyer’s experience and reputation, you might know how much the lawyer will charge even before your initial consultation. The following factors influence a lawyer’s fees:

The Lawyer’s Experience

The lawyer’s experience is a significant element that affects the lawyer’s rate. Experience can take many forms, and lawyers who have worked for many years have more trial experience. The complexity of cases a lawyer has handled also contributes to their experience – not simply years worked.

Experience may also mean experience with the specific type of case that a client presents to the lawyer. A lawyer may have years of legal practice under their belt, but if their primary area of practice is criminal law, they would not be right to handle a car accident case. A criminal attorney newly branching out into personal injury law is likely not the right attorney for an accident victim.

A lawyer may specialize in an area of law in certain states. Lawyers certified as specialists have particularized experience in an area of law. If a lawyer is a specialist, they may charge more than another lawyer without a specialist certification, though they might do a better job.

The Lawyer’s Track Record

In addition to the lawyer’s experience, a lawyer with a successful track record might have a higher rate than a lawyer without a successful track record. If a lawyer has a history of getting their client positive outcomes, the clients might discuss their experiences online.

To get a sense of the lawyer’s record of success, check out their Google reviews. While looking at reviews, remember that a client may express anger with a lawyer for how their case concluded, even if the lawyer got the client the best available solution.

The Amount of Work the Case Requires

The more work the lawyer needs to put into the case, the more the lawyer might charge the client. One reason people hire lawyers is that the problem they face is too complex to resolve on their own. The more complex a case gets, the more money it can cost. However, with the right lawyer handling a difficult case, the better chance you have of obtaining more compensation, so everyone wins in the end.

Some cases require more time to resolve, especially those involving catastrophic injuries. Insurance companies can make the process difficult, leading an injury lawyer to prepare and file a lawsuit in civil court. This takes more time and resources than an insurance settlement, so the lawyer might charge a higher fee if a case requires litigation or goes to trial.

You should understand any increased rates due to litigation needs before you sign the contingency agreement with your attorney.

The Lawyer’s Reputation in the Area

Lawyers regularly attract injured clients through advertising and word-of-mouth. Law firms strive to maintain a good reputation in the communities where they practice, as reputations translate to monetary value. Clients who have a positive experience with a lawyer will tell others in the area about the lawyer’s competence and quality of client service.

The better the reputation the lawyer has, the more money the lawyer might charge for their work. Having a lawyer with a good reputation in the legal community is an advantage for the client, as a lawyer with a good reputation usually has good working relationships with the other lawyers in the area, insurance companies, courts, and more. Those professional relationships can translate to better outcomes for the client.

The lawyer’s reputation involving their staff can also be significant. If the lawyer is respectful to their staff, you can trust they will likely be great to you. You can trust the firm works well as a team, and a legal team that works well together means you have a better chance of a successful outcome for your case.

The Type of Case

The type of case the client has affects the lawyer’s rate. Say you go to the same lawyer for two different criminal charges. Depending on the charge, the lawyer’s rate may increase. A lawyer may charge less money if you have a simple possession charge or a misdemeanor by agreeing to a flat fee or charging the same hourly rate, but the bill is smaller because the case quickly reaches its resolution. The same lawyer may charge a large retainer fee and will likely spend many more hours working on a first-degree murder case.

This can also apply to injury cases. A lawyer may charge a lower percentage of a client with a relatively minor injury from a cut-and-dry rear-end crash. However, if a client has a life-altering and disabling injury from a complicated pile-up involving many types of vehicles, the percentage might be slightly higher. Having – and paying for – the right representation is especially critical in such cases. As long as fees are reasonable given the circumstances, it is always worth it to hire a lawyer for an injury claim.

The Law Firm Resources the Case Requires

Lawyers use their knowledge to provide an important service and help many people, but lawsuits and other legal work cost money.

In their itemizations, lawyers will show the expenses they incurred while working on the case. You will have to reimburse the law firm resources that your case depletes, though this reimbursement will come from an injury settlement – not your pocket.

Does My Location Determine How Much I Will Pay for a Lawyer?

Depending on where you are in the country, some lawyers may charge very different rates for their work, and they may charge different rates for the same type of work. For example, a divorce lawyer in New York or California most likely charges more money than a divorce lawyer in North Carolina or Georgia.

Like other industries, lawyers and law firms must consider their market when setting their rates. However, for injury cases, contingency fees usually hover around 33 to 40 percent of a settlement across the country.

Is Hiring a Lawyer Worth the Money?

Gary Annes Injury Accident Lawyer
Gary Annes, Personal Injury Lawyer

Yes, despite the potential cost of a lawyer’s services, hiring a lawyer is worth the money. There are many advantages to having a lawyer represent your interests, no matter the type of case you are facing. Lawyers have knowledge, training, and experience that laypersons do not. Lawyers use their knowledge, training, and experience to zealously advocate for their clients.

The law is not a simple discipline, and although some areas seem straightforward, many different issues may arise while a matter is pending that requires extensive legal research to achieve a positive result. A lawyer can spot the issues. If someone does not have experience with issue-spotting, they may overlook a critical issue that may be the death knell for their case.

Lawyers know how other lawyers think. Because a lawyer can get inside the head of another lawyer, they can anticipate opposing arguments and negotiate positive resolutions for their clients.

A lawyer will not let the insurance company bully them into accepting a lowball settlement offer that leaves the client unsatisfied. An unrepresented client may be vulnerable to the tactics of the opposing side of a lawsuit or negotiation and may accept less than what they deserve. Having a lawyer in your corner helps you avoid that possibility. Contact our personal injury lawyers for a free consultation today.

​What Are the Chances of Winning a Personal Injury Lawsuit?

When the general public thinks of the law, images of lawyers representing serial criminals come to mind. Many people are interested in serious crimes and how the criminal trials play out. However, these trials are not as common as personal injury lawsuits.

It is more likely for the average citizen to become involved in a personal injury lawsuit than a criminal case. This fact is because many situations can fall under the umbrella of a personal injury lawsuit with the help of a personal injury attorney. No one should ever force you to represent yourself after suffering an injury due to someone else’s negligence.

Let an attorney review your case and help you fight for compensation for your injuries.

Different Types of Personal Injury Cases

​What Are the Chances of Winning a Personal Injury LawsuitA personal injury case is where the plaintiff experiences an injury to either the body or the mind. Based on this definition, there are many occasions where victims of accidents can seek compensation for their injuries. Here are just a few of the most common personal injury cases experienced personal injury attorneys handle regularly.

Motor Vehicle Accidents

One of the most common personal injury cases is motor vehicle accidents. Regardless of whether the accident occurs from a car, truck, or motorcycle, millions of Americans are injured from motor vehicle accidents annually.

According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the leading cause of death in every major industry. In just one year, 1,270 American workers died in work-related motor vehicle accidents. Victims of motor vehicle accidents can suffer from catastrophic injuries, which are injuries that people can never recover from.

Premises Liability

Another typical personal injury case is premises liability. Premises liability accidents happen when a person suffers an injury while visiting another property. These cases hold property owners responsible for failing to provide a safe environment to all visitors. Property owners are accountable to all visitors to provide a safe space and remove any dangerous hazards from their environment.

Common accidents on another person’s premises include swimming pool accidents, animal attacks, slip and fall accidents, and even amusement park accidents. In some cases, victims injured in an elevator or escalator can sue for premises liability.

Wrongful Death

One of the newest personal injury lawsuits is wrongful death lawsuits. Survivors can file a wrongful death lawsuit from any of the above accidents or any accident resulting in another person’s death.

What makes wrongful death lawsuits unique is that another plaintiff can seek compensation against a negligent defendant for the reckless actions against another party. The deceased victim’s survivors can file a claim against the negligent party and request compensation to file a wrongful death lawsuit. Just like any personal injury lawsuit, the plaintiffs must prove that the defendant’s negligent actions caused the death of the survivors’ loved ones.

Differences Between Personal Injury Trials and Criminal Law Trials

Even though criminal law holds the public’s interest, personal injury cases are some of the most frequent cases in American courtrooms. However, some people confuse the two different types of cases, especially in wrongful death lawsuits. Most people assume that wrongful death lawsuits are similar to murder trials. However, here are some of the key differences between the two.

The ability to pursue financial compensation

Plaintiffs in a personal injury lawsuit have the opportunity to request a certain amount of compensation from the defendants. This ability is a stark contrast to criminal trials, where the state must file charges against a defendant, and the only consequence for the defendant is jail or prison time.

The different goals that the legal representation wants to achieve

A criminal lawyer has one goal: to absolve their client of the alleged charges they are facing. A personal injury lawyer focuses on making their client “whole” again after their accident. Fighting for compensation is one of the ways that a personal injury lawyer can help their client feel “whole” again.

The differences in the areas of law

Criminal lawyers concentrate their practice in one particular area of the law. As a result, they generally do not take on clients outside of their realm of focus. On the other hand, personal injury lawyers represent clients regardless of what kind of personal injury accident they have endured. If the accident falls under the branch of personal injury, the lawyer will represent the client and fight for their compensation.

Different levels of proof

During a criminal trial, the burden of proof determining whether a defendant is guilty of a criminal charge is beyond a reasonable doubt. The burden of proof that a personal injury case must meet is a “preponderance of the evidence.” This standard means that there must be at least a 51 percent chance that the defendant was negligent against the plaintiff. Personal injury law contains an easier burden of proof than criminal law.

Chances of Winning a Personal Injury Lawsuit

Even though the burden of proof in a personal injury case is lower than in a criminal case, that does not mean that winning will be any easier. The chances of winning a personal injury lawsuit are dependent on several factors:

The severity of the plaintiff’s injuries

How significant are your injuries? Are you likely to make a recovery? In general, the more detrimental a plaintiff’s injuries, the more compensation they are entitled to from the defendant.

How well a personal injury lawyer can prove that the defendant was negligent

Four elements must prove a defendant’s negligence. The more evidence that a personal injury lawyer can prove the defendant’s negligence, the greater the chances of winning a lawsuit.

Whether the defendant carries insurance that can cover the plaintiff’s damages

In many personal injury lawsuits, the defendant will cover the plaintiff’s damages through their insurance company. If the defendant does not carry any insurance or the defendant’s insurance policy does not provide enough coverage, it can present a problem for the plaintiff when trying to recover compensation.

What Are The Success Rates of Personal Injury Cases?

Many employees in the legal field will tell you that many cases do not make it to trial, and personal injury lawsuits are no exception. According to the Bureau of Justice Statistics, many personal injury cases settle out of court.

If the personal injury case results in a bench trial, plaintiffs have a 68 percent chance of winning compared to jury trials. Bench trials are trials where a judge makes the final ruling decision. If a plaintiff’s injury case involves a jury, the plaintiff has a 54 percent chance of winning. When personal injury lawsuits make it to trial, it can result in an unfavorable outcome for the plaintiff.

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How a Personal Injury Lawyer Can Increase A Plaintiff’s Chances of Winning a Lawsuit

Although the results of a personal injury lawsuit can go either way when the case makes it to trial, there are several ways that a personal injury lawyer can increase a plaintiff’s chances of winning.

Gathering As Much Evidence As Possible

Whether the personal injury lawsuit stems from a premises liability accident or a workplace accident, evidence is a crucial aspect of any case. The more evidence that a plaintiff can bring that can prove that the defendant was negligent, the greater the plaintiff’s chances of winning their lawsuit.

A personal injury lawyer knows how to gather the right evidence to establish the defendant’s negligence. Lawyers are used to collaborating with police officers, accident construction experts, product experts, and medical experts to present the best case possible for the plaintiff.

Filing a Personal Injury Claim Within The Statute of Limitations

Personal injury lawyers can also increase the success of a lawsuit by filing a claim within the appropriate statute of limitations. Although many accidents fall under personal injury, every accident has a particular statute of limitations that the plaintiff must follow for their lawsuit to be valid.

The statute of limitations is an appointed period that a plaintiff has to file a personal injury claim. One of the most common ways insurance companies attempt to refute a plaintiff’s claim is by stating that the plaintiff filed the lawsuit after the statute of limitations.

Once this happens, plaintiffs miss their opportunity to hold the negligent parties liable for their injuries. A personal injury lawyer can avoid this issue by filing a claim for the plaintiff.

Negotiating With Insurance Companies On The Plaintiff’s Behalf

Another benefit of hiring a personal injury lawyer is having someone skilled in negotiation. When speaking with insurance companies, personal injury lawyers can use these negotiation skills to settle.

Because settling is a step in the process that will happen anyway, a personal injury lawyer may recommend that the plaintiff consider a settlement to avoid taking the matter to trial.

A personal injury lawyer can also recommend adding particular types of compensation to the settlement offer before accepting the agreement.

Offering The Best Representation At Trial

Unfortunately, there are occasions when an insurance company still refuses to settle, no matter what the plaintiff agrees to. In this case, the plaintiff has the right to take their injury claim to trial.

A personal injury lawyer can provide the best representation for the plaintiff at trial. Most of the preparation for the trial has already occurred leading up to the settlement process. Personal injury lawyers can help meet the burden of proof by providing eyewitness testimonies and additional evidence for the trial.

Keeping The Plaintiff’s Best Interest At Heart

Many people have a particular bias towards lawyers and assume that they are only interested in their bottom line. Personal injury lawyers focus on what is in the plaintiff’s best interest throughout the personal injury process.

A personal injury lawyer will not recommend that a plaintiff accept a settlement if it does not benefit the plaintiff or match its compensation. A personal injury lawyer will also not recommend that the plaintiff take their claim to trial if the plaintiff does not have a successful chance of winning.

Consult With a Personal Injury Lawyer Today

Whether you or your loved one suffered from a motor vehicle accident, product liability accident, medical malpractice accident, or workplace accident, you deserve compensation for your injuries.

If someone else’s negligence injured you or a loved one, you need an experienced and compassionate personal injury attorney by your side. Contact a personal injury attorney today for your initial consultation about your case.

​What Does Commercial General Liability Cover?

Businesses can be liable for injuries to others, whether the harm involves physical injury, financial losses, or something else. When someone suffers injuries, and a company is at fault, the injured individual usually turns to the company’s commercial general liability coverage to seek compensation for their losses.

Before a business gets into steep legal trouble, owners must ensure they have the right commercial general insurance policy. Commercial general liability policies cover personal injury, advertising injury, or property damage caused by the company’s negligence or its agents. Essentially any damages or losses that are not a result of professional negligence can have coverage under these policies.

If you suffered an injury due to the conduct of a business, you will need to file a claim with the company’s commercial general liability insurance. This can be challenging, as insurance companies protect their profits by limiting claim payouts. Always seek help from a personal injury law firm that regularly deals with commercial liability claims.

Commercial General Liability Claims

​What Does Commercial General Liability Cover?Below are some types of injuries and losses that commercial general liability policies might cover. If you have any of these claims, you should immediately contact a personal injury attorney for help with the process.

Coverage A: Property Damage and Bodily Injury

There are various coverage options in a commercial general liability policy. The first, also referred to as Coverage A, addresses property damage and bodily injury.

The policy covers damages to a person or party due to non-professional negligent acts. It also covers damages from premises liability, such as slips and falls, and general business operations. Keep in mind that mental and emotional injuries fall under this segment of coverage even if there is no physical harm.

One other potential issue that can arise is product liability. If a business produces, sells, or distributes products and causes an injury, this insurance should cover all the victim’s losses. If you slip and fall at a grocery store due to dangerous hazards, you will need to file a claim against the store’s general liability coverage. Insurers often blame the injured customer for the accident to shield the insurer and business from liability, and this makes these claims challenging. Seek legal help right away after this type of injury.

Coverage B: Personal or Advertising Injuries

There are other types of injuries that consumers can suffer due to business conduct and marketing.

Several of these that fall under the umbrella of commercial general liability coverage include:

  • False arrest
  • Slander
  • Libel
  • Malicious prosecution
  • Using another person’s advertising idea
  • Copyright infringement
  • Invasion of property
  • Wrongful eviction

If you suffered any of the above, you can file a claim against the same policy as you might if you broke your leg in a fall on commercial premises. You will face the same challenges as you might filing a claim for physical injuries.

Coverage C: Medical Coverage

We mentioned businesses should have coverage for injuries as part of their commercial general liability policy. Coverage C provides medical payments for anyone injured on company property who is not an employee. If an employee suffers injuries on the property, that should be a workers’ compensation issue.

If you suffer harm as a customer or visitor to a business, you may seek damages for your injury and losses, including coverage of all your necessary medical care.

Some of the items medical coverage applies to include:

  • Surgical expenses
  • Hospital visits
  • Ambulance transport
  • Professional nursing services
  • Funeral services
  • Other medical costs

You might think you face a lengthy legal battle with a company if you suffered injuries on the premises and need extensive medical care. Companies themselves often do not have the funds to cover the costs of catastrophic injuries, and they might even go bankrupt.

When a business has commercial general liability coverage, you can seek medical payment coverage directly from the general liability insurer, often avoiding a lawsuit altogether, depending on the insurer’s settlement offers.

Pollution Liability

Specific industries such as agriculture, industrial, and some commercial, might cause property damage and bodily injury due to pollution and other environmental damage. Companies at risk of doing so can carry an insurance endorsement for pollution liability as part of the commercial general liability policy.

With this endorsement, you can seek benefits for injuries due to gradual, sudden, and accidental pollution. If a company does not have this endorsement, it will need to pay for any damage and pollution clean-up from business assets.

Liquor Liability

This liability coverage should apply to any business that sells, manufactures, or serves alcohol. If someone leaves an establishment that improperly served them alcohol and they cause a drunk driving accident or another injury, some states have dram shop laws that allow injured victims to hold the business liable for their injuries.

To seek compensation for injuries by an overserved driver, you need to file a claim against a general liability policy. Insurance companies regularly challenge dram shop claims, so that claimants can be in for a fight. If you were the victim of a drunk driver drinking at a bar or restaurant before a crash, seek help from a lawyer who can investigate a possible dram shop claim against the business’s general liability coverage.

Professional vs. General Liability

Aside from general liability insurance, a company can also purchase professional liability insurance. While general liability focuses on non-professional negligence, professional liability does the opposite. A professional liability policy can offer benefits to victims injured due to professional negligence. These policies do not apply to all industries, but the most common professional liability claims involve medical malpractice.

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What Businesses Have Commercial General Liability Insurance?

While it may not be a state requirement for businesses to have commercial liability coverage, building owners may have to carry it. Even if a company does not have a general liability policy, many purchase coverage.

Generally, parties that cause accidents and might have coverage include companies that:

  • Have a storefront, office, or building that is open to the public and potential clients
  • Work near client property
  • Create advertising and marketing materials to promote the business
  • Hire temporary employees

Some of the most common industries that purchase commercial general liability insurance include:

  • Consultants
  • IT contractors
  • Small business owners
  • Artisan contractors
  • Real estate agents
  • Landscaping companies
  • Marketing firms

From the company’s standpoint, commercial general liability insurance covers a business and its owners from the most common risks associated with running a business. However, from an injured victim’s perspective, this coverage provides imperative benefits to cover medical expenses, lost injuries, pain and suffering, and other losses stemming from an injury.

How Commercial General Liability Insurance Claims Work

If you suffered an injury for which a business is liable, you will probably file a claim against the business’s general liability insurance policy. As an accident victim, you should be aware that filing an insurance claim can be a complicated process and that insurance companies will do everything they can to settle your claim for as little as possible. If they can find any way to deny your claim, they will likely do so. Some of the steps in the insurance claim process are detailed below.

Filing a Claim

The first step in the insurance claim process is officially filing the claim. Typically, this involves significant paperwork and presenting supporting documentation regarding your losses. Such documentation will need to prove liability for your injuries and your losses.

Proof of a company’s liability will depend on the accident type. Evidence of losses can include medical records and bills, pay statements showing lost income, and more. If you have future losses, your lawyer might present expert opinions to support the estimated damages.

In addition, your claim should include a formal demand letter setting out how much compensation you deserve and why. Your lawyer should always draft this demand to ensure you cover all your bases.

Attempting to Negotiate a Settlement

It is improbable that the insurance company will offer to pay you what you are asking right away. Instead, they will likely make a significantly lower offer, setting the stage for settlement negotiations. When negotiating a settlement, retain an attorney to represent you.

Remember, general liability insurers handle claims every day and presumably have more experience than you regarding personal injury law. The best way to even the playing field is to retain a lawyer that knows how to get victims the compensation they deserve. Furthermore, the mere fact that you have an attorney at all will put the other side on notice that you are willing to take your case to court, increasing the chances of a fair settlement offer.

The Insurer’s Role in Lawsuits Against Businesses

Sometimes, insurance companies will not make fair settlement offers in commercial general liability claims. You have no obligation to accept a settlement that fails to cover your losses, and your injury lawyer can advise when a settlement is too low.

When you reject a settlement offer, and your attorney believes that a fair offer directly from the insurance company is unlikely to follow, they might prepare to file a personal injury lawsuit. The defendant you name in the case will be the liable business, though, as mentioned, the company likely does not want – or cannot – cover your losses from its assets. Any pretrial settlements or awards at trial will not come from the company’s pockets – those funds will come from its commercial general liability insurance coverage.

This means that – essentially – you are filing a lawsuit against the insurance company, as well. The insurer will involve itself in every step of the case, and its legal team will likely be the ones defending against your claims.

The litigation process is complex, and steps might entail:

  • Initial pleadings
  • Discovery
  • Pretrial motions
  • Trial

You can bet the insurance company’s attorneys have been through the litigation process many times and know the drill. You need a litigator on your side with experience going up against corporate insurers in court.

During this process, your attorney can continually try to settle the matter with the insurance company. Pretrial settlement negotiations can happen any time before a trial verdict, and most cases settle instead of going to trial. Your injury attorney will review all of the evidence the insurance company has to challenge your claim and will use evidence to support your claim and argue that you have a strong chance of winning in court.

If an insurance company realizes that you have strong evidence and a capable attorney, its representatives are more likely to offer a favorable amount. They want to avoid going to trial, where the judge or jury might award more money than you were willing to accept.

If your case goes to trial, your lawyer will present your case, and the insurance company’s lawyer will give the defendant’s case. Ensure you have highly qualified legal representation in case this becomes necessary.

Have Questions About General Liability Claims? Contact a Personal Injury Attorney Today

Businesses should have adequate commercial general liability insurance and endorsements depending on the particular risks of the harm their operations present. This coverage is a key factor if you suffer injuries due to the company’s negligence or that of an employee.

If you suffered injuries and a company was to blame, you want the right legal help when filing a claim against the company’s general liability insurance. These insurers work to limit liability, but the right personal injury lawyer will know how to handle the claim process to your benefit. Seek a free case evaluation today and always ask whether the injury lawyer handles claims against commercial general liability policies.

There are unique challenges to these claims, and you want the best chance to obtain total compensation for your injuries and losses. The first step is to seek medical care for your injuries and establish medical records. Keep up with your treatment, and also seek help to protect your legal rights.

​Weird Laws You May Encounter

There are some odd laws on the books across the United States, and many of them are traffic laws. Even though some of these weird traffic laws are still in effect, you might be hard-pressed to find drivers who are receiving tickets for such violations. However, if you find yourself injured in a car accident that involves one of these weird traffic laws, rest assured that you can find a personal injury attorney to fight for your right to compensation despite unexpected legal issues.

Vehicles With Lanterns Attached Are Legal

​Weird Laws You May EncounterIn certain circumstances, vehicles with lanterns attached to their fronts can drive down a one-way street going the wrong way. Think about that for a minute; you can legally drive the wrong way down a one-way street if you attach a lantern to the front of the vehicle. What type of lantern? A camping lantern? Or a lantern that might hang from taverns during the Revolutionary War?

Either way, this seems quite dangerous for the driver and anyone they will come into contact with on that one-way street. The driver of such a vehicle cannot easily avoid charges or compensating someone they injured if an accident occurs.

Tying Dogs to a Car Roof is Illegal

You might think lawmakers never needed to address this, but they did. It is specifically illegal to tie a dog to the roof of a vehicle in some areas of the U.S., even in a pet carrier. This should seem like common sense, but you never know. Can you imagine driving down the street and seeing a dog come flying off the roof of a car and you strike it? Not only can the dog wind up dying, but you can also suffer injuries in such a car accident.

Jumping From a Moving Car is Illegal

Another law that seems like it should be common sense is that you cannot jump from a moving car traveling at 65 miles per hour or faster. Accidents involving such an incident can happen due to someone who is car surfing in violation of the law and falls off the vehicle, landing on your hood or hitting your windshield. If this happens, you might lose control of the vehicle to the point where it rolls and traps you.

Drivers Cannot Shoot Animals From Their Vehicles Unless It Is a Whale

Have you ever wanted to shoot an animal from your vehicle? Make sure it is only a whale. If you ever come across a vehicle where bullets are flying, you can suffer serious injuries. An accident of this magnitude most likely will occur near woods or other areas where people are allowed to hunt animals, albeit not from their vehicles.

No Roller Skating in the Streets

Almost everywhere you drive, you may come across pedestrians, bicyclists, skateboarders, and roller skaters. In some cities, you cannot lawfully roller skate in the streets, even if you are skating to the right of the lane close to the shoulder or on the shoulder. Lawmakers worried that skaters in the streets will lead to more serious accidents involving those people and vehicles.

Drivers Cannot Leave Sheep Unattended in a Truck

If you ever pass a truck with unattended sheep sitting in it, that driver broke the law. This law makes some sense, especially since sheep might exit the vehicle and roam the streets, possibly causing serious accidents as drivers try to avoid hitting them.

Do Not Honk a Horn After 9 p.m. in Front of a Restaurant

Have you ever wanted to honk your car’s horn to tell someone you are waiting for to hurry up? That is fine, but make sure you do not do it after 9 p.m. in front of a business that sells sandwiches or cold drinks. So, this means you cannot use the horn when sitting outside of a bar, restaurant, store, coffee shop, or any other establishment that might sell sandwiches and cold drinks after evening hours.

Drivers Who Break Weird Traffic Laws

Even though the laws above are weird to most of us and might have sat on the books for decades, drivers probably break these laws all the time. Why? These are not common road rules like yielding to pedestrians in crosswalks, coming to a complete stop at a stop sign, yielding to oncoming traffic, not making a right on red without first coming to a complete stop, and more.

Since most of these weird traffic laws are unknown to most drivers, you may find yourself in a car accident with a driver who breaks one of these laws.

Some other weird traffic laws found throughout the country include the following:

  • People cannot ride on top of a taxi
  • It is illegal to park in front of a Dunkin Donuts in some states
  • It is illegal to have a gorilla in the back seat of your vehicle
  • In some areas of the country, the law prohibits you from driving black vehicles on Sundays
  • People cannot sleep on highways
  • You cannot ride a camel on the highway
  • It is illegal to drive through a cemetery in some jurisdictions unless you are there to bury someone
  • You cannot store trash in your vehicle in some towns

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Why Do I Need a Car Accident Attorney?

If you suffer injuries in a car accident with a driver who broke one of these weird traffic laws, or any other traffic law on the books, you should contact a car accident attorney as soon as possible. Why do you need a car accident attorney?

Here are seven big reasons why you should work with a car accident attorney:

  1. The injury you suffered was so serious that it caused you to go to the hospital for further medical evaluation and care.
  2. The injury you suffered led to permanent disability or prevented you from returning to work, preventing you from earning a living.
  3. The car accident happened because of a defective part in the vehicle that hit your vehicle.
  4. The driver who was at fault in the car accident does not have car insurance or does not have enough car insurance to cover the damages you suffered.
  5. If a criminal act, such as driving under the influence of drugs or alcohol, excessive speeding, a high-speed chase, or any other crime, caused the car accident.
  6. If the at-fault party who caused the accident has a lot of money or assets, you will want an attorney to fight for your right to compensation.
  7. Even if you suffered an injury through no fault of your own, and someone else in your vehicle also suffered an injury, you will need to secure a car accident attorney to represent you in a claim.

How Does a Car Accident Attorney Help?

When you suffer injuries in a car accident with a driver who broke a weird traffic law, a car accident attorney can help you stay focused more on your physical recovery and not worry about the legal aspect of the case.

A car accident attorney can:

  • Conduct a thorough investigation of the crash that left you injured
  • Obtain the police report
  • Review your medical records
  • Speak with witnesses
  • Acquire expert witnesses to testify on your behalf if the case goes to trial
  • File all of the required paperwork by respective deadlines
  • Handle communications with insurance companies and other attorneys working on the case
  • Negotiate a settlement with the at-fault party
  • Represent you in court
  • Answer all of your questions promptly

A car accident attorney has your best interests in mind after an injury. The right attorney will fight for your right to compensation so you can get back to work or living your life as close to normal as possible.

What Compensation Can I Receive in a Car Accident?

A car accident can be devastating for you and your family. Even if you suffer minor injuries, you can recover compensation for treating them and the time you miss at work because of them. It is difficult to put a finite price on how much compensation you can receive in a car accident claim because every accident is different. No two people suffer the same injuries in car accidents, and not all car accidents happen in the same manner.

However, a car accident attorney can help you understand what compensation you might receive after a car accident, which includes:

  • Medical expenses
  • Lost wages and benefits
  • Pain and suffering
  • Property damage
  • Rehabilitative costs
  • Renovation costs for updating your home to wheelchair accessible if you become paralyzed as a result of the accident

Steps to Take Following a Car Accident

Whether you suffered injuries in a car accident due to a driver who broke a weird traffic law or one they should have known, you should take the following steps to protect yourself and your rights.

Seek Medical Treatment

If you believe you have any signs of injuries, you should get medical care. This includes feeling sore, stiff, or disoriented, as these can be symptoms of invisible injuries. When you see a medical professional, they can diagnose your injuries, recommend treatment, and record your car accident-related conditions.

Medical treatment can improve your prognosis and help avoid complications in many situations. It also ensures that you have a prompt record of your injuries. This makes it more difficult for insurers to refute your injury claims.

Consult a Car Accident Lawyer

If you have injuries and losses from a car accident and believe someone else was to blame, do not wait to seek legal help. Too many people lose the compensation they deserve because they assume the insurance process is simple and try to handle it alone. In reality, insurance companies can make it very difficult for injured car accident victims to get all the financial recovery they deserve.

The best thing you can do following a crash and initial medical care is to allow a car accident attorney to assess your rights.

How to Choose a Car Accident Attorney

Suffering an injury in a car accident can change your life instantly. When you need legal representation, your mind will likely spin in a thousand different directions, figuring out what you should do next.

As you begin your search for a car accident attorney, make sure:

  • They have testimonials you can review on their website.
  • They allow you to speak with current or former clients they successfully represented
  • They have a strong policy of responding to clients promptly.
  • They have extensive experience handling car accident claims in your area.
  • The attorney emphasizes that they will not shy away from taking your case to court to help you obtain the compensation you deserve
  • The attorney has access to expert witnesses who can testify on your behalf.

Looking for an attorney you can trust when dealing with injuries stemming from a car accident does not have to be challenging. You need to look in the right places and know what to look for in an attorney.

Be sure to ask the following questions:

  • Do you work on a contingency fee model?
  • Will you communicate with the insurance company on my behalf?
  • Will you attempt to negotiate a settlement before going right to trial?

Call a Car Accident Attorney Today

If you or a loved one suffered an injury in a car accident caused by a driver who broke one of these weird traffic laws, or any other traffic violation, you need a car accident attorney by your side. A car accident attorney can handle every single aspect of your case so you can focus on recovery from your injuries and hopefully return to work sooner rather than later.

​Do Lawyers Take Cases They Can’t Win?

When you have a legal dispute, you want to contact an attorney. Many individuals assume that attorneys will take their case. However, there are times when an attorney will not take your case. An initial consultation is similar to an interview.

During this meeting, you will present your case to the attorney, and they can decide if it is a viable case. You will also have the chance to get to know them and their credentials.

You need to feel comfortable with the attorney you choose to represent you. Chances are you will work together for an extended period, and you need to feel comfortable with each other.

Even if you believe your case is a home run, an attorney can think otherwise when analyzing the facts. You will want an attorney that will be honest with you about the possible outcome, even if it is not what you were hoping for. It is a red flag for an attorney to take an unwinnable case. They are wasting your time and theirs.

Taking an unwinnable case can also violate legal ethical guidelines. There are several reasons a case is considered unwinnable, or an attorney won’t handle your case. An attorney can deny taking your case for other reasons than viability.

Meet with a couple of attorneys before throwing in the towel. Sometimes the first few lawyers you talk to will miss something that makes your case valuable.

What is a Non-Winnable Case?

​Do Lawyers Take Cases They Can’t WinIf you have a genuinely unwinnable case, no attorney will take it. There are several reasons a claim is deemed non-winnable. Some reasons are obvious, while others are minor nuanced issues the average person will not know.

Some reasons an attorney will not take your case include:

  • Past the statute of limitations: There are stringent statutes of limitations for filing claims and cases. If you contact an attorney after the statute has expired, this is an unwinnable case. No court or judge will take a look at the issue. If you wait too long, you lose the right to file a lawsuit.
  • Filing too close to the statute of limitations: You might feel that anytime before the statute of limitations is sufficient to file a lawsuit. That is a misconception. If you are too close to the statute of limitations, an attorney will not take your case. There will be insufficient time to gather evidence, attend mediation, depose witnesses, etc. You need to take specific legal steps before filing a lawsuit.
  • You are entirely at fault: Regarding an accident, if there is evidence that you were entirely at fault, then no attorney will take your case. This determination will rely on the preliminary evidence that is present.
  • The case is challenging: Liability can be clear and injuries substantial, and the claim can still fall through. A lawyer may choose not to take your case if it is too challenging. Some examples are:
    • Questionable credibility
    • Delay in medical treatment
    • Not following medical treatment plans
    • You contributed to the accident
    • Your social media habits indicate you were at fault or did not have an injury
  • The attorney is only taking specific cases: While an attorney may know how to win your case, they can still decide not to take it. They can be going in a different direction and solely focus on a particular area. For example, instead of taking on every personal injury case, they are only looking to take on medical malpractice claims. Your case is a premises liability case and, therefore, not what they are focusing on currently.
  • Lack of resources: The legal process is costly, especially when catastrophic injuries are involved. The attorney will pay these costs upfront while the case goes on. If they do not have the resources to take on your case, they will not. Some firms will have the capital to take on your case but currently have too many cases to contend with and therefore cannot give your case the time and attention it deserves.
  • Conflict of interest: Lawyers follow specific ethical and moral guidelines in the legal field. If they previously represented the entity you seek damages from, it will be a conflict of interest to take your case. Conversely, if you and the attorney are related, this is also a conflict of interest. An attorney is legally required to decline a claim if there is a conflict of interest.
  • The recovery is too small: Some cases are winnable, but the potential for recovery is minimal. An attorney will weigh how much they expect to spend versus how much they wish to recover. If the recovery number is smaller, they will likely not take your case.
  • There is no one to sue: Liability is the basis on which your case will rest. For another entity to be held liable, the entity must have owed you a duty of care, and the other party must have breached this duty. If these elements are not present, neither is a case. In contrast, if no party was liable for your damages, there is no one to sue. If you were drunk driving and crashed into a tree, there is no viable entity to hold liable for your damages aside from yourself.
  • Personal reasons: We mentioned an initial consultation as a way for both parties to decide if they will work well together. An attorney can decline your case if they feel that you are out for revenge or your motivations do not align correctly with the case. They may feel you will be a challenging client and decide against working with you. An attorney can decline a claim for various personal reasons.
  • Lack of evidence: Every legal matter relies on evidence. If there is insufficient evidence, a lawyer is unlikely to take your claim. Other times there is substantial evidence, but the evidence is disputable. Ethically attorneys must ensure that clients or potential clients do not file frivolous claims or lawsuits.

A lawyer may decline your case if it is a waste of time and resources. They will see themselves investing more time and energy than what the case is worth. The court will also deem the case a waste of time.

When Does a Lawyer Take Difficult Cases?

You will need to show your attorney the facts and evidence. Some cases seem unwinnable based on preliminary evidence, but the circumstances change as more evidence comes in. The most common example is a car accident. The police report blamed one party when the other party caused the accident. An attorney can contest the validity of the police report and present evidence on the contrary.

A lawyer will also take your case if they see the monetary value. If the accident caused a catastrophic injury, it will have a much larger value. Even if the preliminary evidence appears to go against you, a lawyer can see the potential in conducting a thorough investigation. Your damages are substantially more significant, and the court will also see the value in a claim. An investigation is crucial if the accident involves a death.

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What You Can Do to Have a More Appealing Case

The facts of a case do not change, and if your case is genuinely unwinnable, it is unlikely that any respectable attorney will not take it on. However, if you believe that your case is with an attorney’s time, you can take some steps to make it more desirable. Remember: Do not deceive your attorney to try to make your case desirable.

Take the following steps instead:

  • Gather evidence: You should collect as much of the available evidence before meeting with an attorney. The more evidence they see that can dispute the original claim and turn a losing case into a winning one. You can take photos and videos of the location and ensure you get a medical examination. If there were any witnesses to the accident, get their contact information and provide it to your attorney.
  • Be honest with your attorney: Within the initial consultation, you need to be honest about every aspect of the case. Ultimately an attorney will find the information you did not present, which can worsen your case. Tell them everything, including how you may have contributed to the accident. Lying and deception can cause your attorney to drop your case later.
  • Have realistic expectations: You need to know how much your case is worth. Many potential clients are under the impression that the case is with millions when it may only be worth thousands. If you go to a consultation with this attitude, it can be a red flag to the attorney. They can and will decline to take you on as a client. Be realistic. You must also know how much time the case will take and how quickly the attorney can respond to you. You are not the only client, so communication can take more than a few minutes.
  • Trust your attorney: When you have decided on an attorney, it is crucial to trust them and the firm. You are not a lawyer, and while you can read things online and get advice from your friends, this does not replace an attorney’s education and experience. If an attorney senses you do not trust the firm, they can decline to take your case, leaving you to handle it yourself. Please work with your attorney and not against them.
  • Do not wait to speak to a lawyer: One final suggestion is to talk with an attorney immediately. The longer you wait, the less likely you can find an attorney willing to take on your case. You will need to gather your evidence and immediately meet with an experienced firm.

An experienced attorney will primarily decide whether to take your case when there is substantial preliminary evidence to show that it is winnable—the more information you can provide about the incident, the better. An attorney will weigh the pros and cons and decide whether the case is viable.

How Does a Contingency Fee Work?

One major contributing factor in personal injury cases is the contingency fee model. You will need to pay upfront costs to retain an attorney for some legal matters. However, lawyers work on a contingency fee arrangement for personal injury cases. If they do not win the case, they do not get paid.

The fee structure motivates attorneys to win cases. It also means an attorney is less likely to take on an unwinnable case because it reduces the likelihood of receiving payment. The attorney will take out their portion when the patient has settled before issuing you a check for your damages.

How Do Lawyers Choose Cases?

Initially, an attorney cannot tell you whether the case is airtight or if the personal injury attorney can win it. They will use specific language not to make promises they cannot keep. Instead of saying you have a winning case, they will convey the probability of winning is strong.

A few factors will determine whether an attorney will take your case or not. They will judge the client and whether this is someone they wish to work with. They will look at the evidence and likely outcome. Lastly, an attorney will look at the damages. If your injuries are substantial and the evidence against you is disputable, you can still have a chance to recover compensation.

Consult an Experienced Attorney Today

Remember to consult with two to three attorneys to ensure you have no legal options. The first attorney may deem the case unwinnable because they do not have the experience or resources to win it, not because it is unwinnable.

The primary determining factor in whether a claim is winnable is who was at fault. If you and the other party share the blame, it will come down to who has more responsibility. Attorneys focus heavily on their reputations. If they take unwinnable cases, this can hurt their reputation and ability to take on other cases successfully.

​What Is Soft Tissue Injury in an Accident?

In personal injury lawsuits, judges, jurors, and even insurance companies want to hear how the defendant’s actions caused the plaintiff to experience noticeable physical injuries. However, not every injury that a person sustains is as noticeable as a traumatic brain injury or an amputated limb. Body parts that are not noticeable to the eye can become seriously injured from different accidents. Victims who endure these types of injuries deserve to receive compensation as well.

However, victims with these soft-tissue injuries will have difficulty convincing others of the severity of their injuries. For this reason alone, you need to consult a personal injury attorney about your injury. An attorney can help you recover compensation from the party responsible for your injury so you can focus on recovery and not how you will pay the bills.

What Are Soft Tissue Injuries?

When a person experiences damage to their muscles, ligaments, and tendons, a healthcare professional will classify these as soft tissue injuries. Such injuries regularly occur in the most sensitive parts of the body, such as the neck, back, or joints. The deterioration in these particular areas can cause a person to endure bruising, pain, and swelling, as well as a loss of motion.

Types of Soft Tissue Injuries

​What Is Soft Tissue Injury in an Accident?Like many injuries, soft tissue injuries can happen suddenly or gradually over time.

Based on these two factors, doctors classify soft tissue injuries into two groups:

  • Acute injuries. When a doctor classifies soft tissue injuries as acute, soft tissue injury happens after enduring sudden trauma. People can suffer from acute injuries when they make a sudden turn and twist or sprain a particular muscle or tendon.
  • Overuse injuries. When a professional classifies soft tissue injuries as overuse injuries, a person has acquired the injury from repeatedly engaging in the same movement or activity many times.

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Personal Injury Accidents That Lead to Soft Tissue Injuries

While soft tissue injuries can happen from any personal injury accident, two of the most common accidents that lead to soft tissue injuries include motor vehicle accidents, premises liability accidents, and workplace accidents.

Motor Vehicle Accidents

Victims of motor vehicle accidents are most likely to suffer from soft tissue injuries. One of the most common soft tissue injuries caused by a motor vehicle accident is whiplash. Whiplash is a type of neck injury that occurs when a person’s head moves back and forth suddenly amid a collision. Victims of whiplash experience severe stiffness around the neck area and chronic pain.

Premises Liability Accidents

Premises liability accidents occur when another person suffers a severe injury on another person’s property. Some premises liability accidents that can cause victims to experience soft tissue injuries are slip and fall accidents, animal attacks, amusement park accidents, elevator accidents, and escalator accidents.

Workplace Accidents

Employees who perform specific routine tasks day in and day out or work in high-paced working conditions are at risk of suffering from soft tissue injuries. Employees who use the same muscles, ligaments, and tendons to perform certain tasks at work can suffer from repetitive motion injuries. When employees are short-staffed or working in fast, quick-paced environments, they are also at risk of slipping, falling, or twisting certain parts of their bodies.

Can I Sue For My Soft Tissue Injuries?

If you suffer from a soft tissue injury, you have the right to pursue compensation. Like any injury, soft tissue injuries can cause you to experience severe pain. Even though soft tissue injuries are not always the most covered injuries in a personal injury lawsuit, they have the potential to cause immense pain.

Victims who suffer from soft tissue injuries can experience long-term effects like:

  • Chronic pain
  • Loss of mobility
  • Diminishing muscle strength
  • Disfigurement
  • Chronic numbness
  • Loss of function

Depending on the severity of the injury, it may take months or even years for you to recover. Your soft tissue injury can affect essential factors in your life, such as your ability to perform at your job or take care of your children.

Types of Compensation for Soft Tissue Injuries

Like any injury from a personal injury accident, you can seek compensation for any financial and non-financial damages your accident has cost you.

Depending on the nature of your accident, you can seek compensation for damages such as:

  • Medical expenses. Even soft tissue injuries like sprains and strains require medical expenses. Based on the severity of your soft tissue injury, you may need medical procedures like physical therapy and surgery. You may also need to pay for devices like a brace that can help you recover.
  • Lost income. Your soft tissue injury can cause you to miss out on a few days or weeks from your occupation. Based on the nature of your accident, your soft tissue injury can even result from the type of work that you perform. The severity of your injury can cause you to retire from your occupation and search for another job prematurely.
  • Pain and suffering. While attorneys do not discuss soft tissue injuries as frequently discussed as catastrophic injuries or severe injuries, they can cause you to experience significant pain. Some soft tissue injury symptoms include back pain, sharp neck pain, inflammation around the affected body part, a constant onset of pain, and stiffness around the affected body part.
  • Property damage. If your accident was a motor vehicle accident, you might have damaged your vehicle partially or severely in the accident. You can pursue compensation for future vehicle repairs or a new vehicle if the crash damaged your vehicle beyond repair.

Challenges With Seeking Compensation for Soft Tissue Injuries

Not surprisingly, seeking compensation for soft tissue injuries can be difficult. In many personal injury lawsuits, it is common for insurance companies to try to downplay a plaintiff’s injuries. This issue is no different for soft tissue injuries. It is easier for insurance companies to downplay the significance of soft tissue injuries because some victims do not immediately experience the long-term effects of these injuries.

One of the most common challenges in pursuing compensation for soft tissue injuries is proving the cause of the injury. Many people, in general, do not understand how specific risk factors at the workplace or the impact of a motor vehicle accident can lead to soft tissue injuries.

How Insurance Companies Feel About Soft Tissue Injuries

Insurance companies do not believe that soft tissue injuries are actual injuries. Insurance companies are skeptical when receiving personal injury claims surrounding soft tissue injuries. If insurance companies can deny compensation for soft tissue injuries, they will. However, plaintiffs with soft tissue injuries can pursue fair compensation for their injuries. Unfortunately, when plaintiffs ask for a particular amount of compensation, insurance companies will refuse to settle or offer compensation.

How Insurance Companies Will Downplay Your Soft Tissue Injuries

One of the ways that an insurance company will try to downplay your soft tissue injury is by stating that your injury is the result of aging. Insurance companies will argue that your injury results from normal wear and tear on the body and not from whatever accident caused your injury. Insurance companies will also argue that your soft tissue injury stemmed from a pre-existing condition instead of your accident. Insurance companies may say that your hobbies outside of the accident have caused your injuries.

What to Do When Seeking Compensation for Soft Tissue Injuries

Fortunately, there are some actions that you can take to give yourself a fighting chance at receiving the compensation you deserve. If you want to seek compensation for your soft tissue injuries, the first action you need to take is to seek immediate medical attention.

If insurance companies argue that your injury resulted from a pre-existing condition, this action will benefit you. Seeking immediate medical attention will also help you document the origin of your injury. A medical professional can also explain the extent of your injuries and give expert testimony should your case make it to trial.

Contact a Personal Injury Lawyer

The next beneficial step that you can take is to seek the help of a personal injury lawyer. Even though you can take on the personal injury case by yourself, you will stand a greater chance of winning your lawsuit by reaching out to a personal injury lawyer for help.

A personal injury lawyer knows what factors of your accident can benefit you in your case. A personal injury lawyer can also serve as a great adversary against insurance companies. The deceptive tactics that insurance companies will use against you to deny your rights to compensation will leave you overwhelmed. Having a personal injury lawyer by your side will reduce that overwhelmed feeling.

Using Expert Witness Testimony to Your Advantage

A personal injury lawyer can increase your chances of winning your injury lawsuit by gathering evidence that can speak to the validity of your injuries. A personal injury lawyer knows the different methods that insurance companies will use to downplay your injuries.

A personal injury lawyer can collect the expert witness testimony of medical experts who can better explain the long-term effects of soft tissue injuries on the body to counter these arguments. Your attorney can use medical expertise to explain the severity of your soft tissue injury.

Maximizing All of Your Options for Compensation

Another way that a personal injury lawyer can also help in your injury lawsuit is by evaluating all aspects of your claim. When it comes to certain types of compensation, insurance companies may question whether your injury even warrants those types of compensation. An insurance company may ask whether you deserve to receive compensation for your medical expenses, for example.

A personal injury lawyer can not only justify why you deserve that compensation but can also recommend additional forms of compensation that you might recover.

Counteracting the Deceptive Tactics of Insurance Companies

One of the most crucial benefits of hiring a personal injury lawyer is fighting against the tactics of insurance companies. Insurance companies will go to great lengths to deny your just compensation, from stating that you have a pre-existing condition to blaming you for your soft tissue injuries.

A personal injury lawyer can gather the appropriate evidence to refute all of the insurance company’s unfounded claims. Insurance companies treat soft tissue injury victims differently when they discover that an experienced personal injury lawyer represents them.

Proving the Severity of Your Injuries to Jurors

When your injury lawsuit makes it to trial, you will have to justify the validity of your soft tissue injuries to jurors if you have a jury trial. Because jurors are not familiar with the pain that a soft tissue injury can cause, jurors may need substantial evidence to prove this fact.

A personal injury lawyer can present an excellent case for you at trial and provide the correct type of evidence that can prove to jurors how severe a soft tissue injury is.

Proving the Other Party’s Negligence

Another way that a personal injury lawyer can help is by establishing how the other party’s negligence contributed to your soft tissue injury. Insurance companies will attempt to dodge liability for your accident by insinuating that you acted negligently and contributed to your injuries.

A personal injury lawyer can refute these claims by establishing how their client’s negligence directly caused your soft tissue injury. In some cases, the responsible party’s inaction might have led to your soft tissue injury. For example, if they knew of a hazardous condition and failed to fix it before you were injured. This inaction can lead to a claim.

Speak to an Experienced Personal Injury Lawyer Today

If you or a loved one have experienced a soft tissue injury, do not allow insurance companies to bully you out of receiving the compensation you deserve.

A personal injury lawyer can fight on your behalf and force the insurance companies to make the right decision. Reach out to an experienced personal injury lawyer who can best fight for the compensation you deserve. Call an experienced and compassionate personal injury attorney today for a free consultation about your case.

​What Are the Steps in a Personal Injury Lawsuit?

An adage states that you teach people how to treat you. That statement applies to family, friends, colleagues, and associates. When someone’s actions negatively impact you, that person deserves to be held accountable for their actions. That is the entire premise of a personal injury lawsuit.

People and businesses do not have the right to act negligently towards others without repercussions.

Steps to a Personal Injury Lawsuit

​What Are the Steps in a Personal Injury Lawsuit?The Department of Justice reports that between 300,000 and 500,000 personal injury cases are filed each year within the United States. Exceptionally few people may be fortunate to file a personal injury lawsuit.

The road to a personal injury lawsuit starts with some form of an accident. Maybe you were the victim of a severe car accident. Perhaps you discovered that the baby stroller that you place your child in has the potential to seriously harm your child. Maybe your neighbor’s dog, who was supposed to be on a leash, took off across the street and bit you. In any case, you have several options after enduring severe injuries from an accident.

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Speaking With a Personal Injury Attorney

If you decide to file a lawsuit against a particular party, you may want to speak to an attorney regarding your accident. Speaking with an experienced personal injury attorney can help give you additional clarity about your lawsuit process. The closest that most people get to a personal injury case is the daytime court shows on television. Because most people have not gone through a personal injury lawsuit before, it is best to seek the guidance of someone knowledgeable in that area.

Benefits of Speaking With an Attorney

Some of the benefits of speaking with an attorney include saving time and money, guiding you through the legal process, and evaluating the worth of your claim.

Saving You Time and Money

Little mistakes can cost you time and money that you can’t afford to lose.

A personal injury lawyer can save you so much time and money by laying out how the legal process will proceed, what actions you want to avoid during the process, etc. A personal injury attorney can cut time in half by taking the reins and completing the time-consuming tasks for you.

Guiding You Through the Legal Process

Personal injury attorneys have the necessary experience to handle all accidents, from motor vehicle accidents to medical malpractice accidents. The nature of your accident and the injuries you have sustained may cause you to feel overwhelmed about seeking compensation for your accident. A personal injury attorney can be that beacon of light and guide you through the legal process. Having someone knowledgeable and determined to fight for your best interest can remove stress.

Evaluating the Worth of Your Claim

A personal injury attorney can analyze and discuss the different types of damages that you can list in your claim. Because this is most likely your first time filing a personal injury lawsuit, you may not be aware of the different types of compensation that you can seek from a negligent party. A personal injury attorney can evaluate the actual worth of your claim and break down the multiple forms of compensation that you may not have even thought about pursuing.

Filing a Claim on Your Behalf

After speaking with an attorney, the next step in the personal injury lawsuit process is filing a claim. Although you can file a claim without the help of an attorney, you can benefit from the legal experience of an attorney before filing your claim. In addition to offering their legal knowledge, personal injury attorneys can file a claim on your behalf. This job is another task that a personal injury attorney can take off of your hands.

Assessing the Accident

When filing the claim, a personal injury attorney will ask you about every detail concerning your accident.

Your personal injury attorney will analyze:

  • The cause of your accident
  • A police report
  • Eyewitness statements

These factors play a pivotal role in whether you can seek the compensation you are entitled to recover. The most important aspect of a personal injury case is determining how negligent the other party acted and how the other party’s negligent actions led to your accident.

Measuring Compensation

Another crucial part of your claim that a personal injury lawyer can help with is measuring the amount of compensation you want. After reviewing the facts of your case, it will be easier for a personal injury lawyer to assess how much compensation you deserve.

The types of compensation that you pursue vary based on the facts of your accident. If you have suffered a wrong by one negligent party, you will only have to be concerned with filing one claim.

However, if multiple parties wronged you, you must file a claim against each one. A personal injury lawyer can also review the different forms of compensation open for you to pursue.

Current and future medical expenses, current and future lost income, emotional distress, and pain and suffering are just some of the forms of compensation that a personal injury lawyer may recommend for you to list. If your loved one died due to a personal injury accident, you can seek compensation for your loved one’s funeral expenses and a loss of consortium.

Negotiating for Your Compensation

After filing your claim, the negotiation process is next. This point is the step where the insurance company meets with you and your injury lawyer to resolve your compensation.

During this step, the insurance companies and your injury lawyer will share all of the accident evidence and decide how best to proceed. One of the options that the insurance company will present is a settlement offer. This option usually appears if the other party’s actions were highly negligent.

Another decision is that there is no resolution, and the insurance company does not want to budge on your demands. If the insurance company reacts in this manner, you still have several options that you can exercise. You can continue your fight for your compensation by proceeding to a trial. This option can be beneficial for you in many ways. You can pursue additional types of compensation if you successfully win your lawsuit.

Being Represented at Trial

The next stage after the negotiation step is the trial. During this step, your injury lawyer will have the opportunity to prove the defendant’s negligence by establishing four critical elements.

To prove that the defendant was negligent, here are the four elements that a personal injury lawyer must prove:

  • The defendant owed the plaintiff a duty of care
  • The defendant’s careless actions breached the duty of care
  • There is a connection between the defendant’s breach of duty of care and the plaintiff’s injuries
  • The plaintiff suffered damages due to the defendant’s breach of duty of care

Dealing With Any Issues Along the Way

While these are the typical steps of a personal injury lawsuit, the process will transition smoothly in the most ideal of terms. However, as with every process in life, not everything will go according to plan. One of the most challenging aspects of a personal injury lawsuit is collaborating with insurance companies. Even if the defendant has been blatantly negligent, insurance companies will not concede to defeat and reward you with your compensation.

Deceptive Practices by Insurance Companies

Insurance companies will not fight fair when it comes to avoiding a settlement and offering injured parties compensation. These are just some of the deceptive practices you can expect from insurance companies during a personal injury lawsuit.

Accusing you of being the negligent party

Because plaintiffs must prove negligence in personal injury cases, insurance companies will paint you as the negligent party. If the insurance companies can establish you are the negligent party, they won’t need to pay you compensation.

Missing the deadline to file a personal injury claim

Every personal injury victim must file their claim within the statute of limitations. The statute of limitations is the length of time you have to file your claim against the person or party responsible for your injuries. Insurance companies can use the statute of limitations by stating that you filed your injury claim past the statute of limitations.

Accusing you of exaggerating your injuries

Another deceptive tactic that insurance companies use is insinuating that you exaggerate your injuries. Insurance companies might attempt to use this tactic if you did not seek immediate medical attention following your accident. Even if you did seek immediate medical attention, insurance companies might insinuate that your injuries existed before the accident and that you are attempting to seek compensation for a previous medical condition.

Accusing you of having a lack of evidence

Insurance companies do not want to admit that their client was negligent and that their negligence caused an accident. Instead, they will state that the evidence that you have presented is not enough to prove their client’s negligence. If insurance companies request that you provide additional information surrounding your claim, that is a sign that they believe you have a lack of evidence to prove your claim.

Following Your Social Media Accounts

Another deceptive tactic that insurance companies have practiced for decades involves hiring private investigators to follow personal injury victims around. This tactic was (and still is) often used by insurance companies to gather evidence that insinuates that personal injury victims are faking their injuries.

Private investigators take pictures of personal injury victims performing errands, playing sports, and moving easily throughout town. Now, private investigators can use the posts and pictures from victims’ social media accounts to paint victims in a negative light. When filing your injury claim, a personal injury lawyer will advise you on how best to proceed on and off social media.

What Actions Can You Take Against Deceptive Insurance Companies?

If you suspect the insurance company of acting negligently during the lawsuit process, there are actions that you can take to hold the insurance company liable. A personal injury lawyer can help you file another claim against the insurance company for exhibiting bad faith practices during the process.

Bad faith practices are a type of negligence that insurance companies practice. Insurance companies have a legal responsibility to perform their duties fairly and transparently. Insurance companies that fail to operate fairly and transparently can be held liable for bad faith practices.

Some examples of bad faith practices involve:

  • Failing to communicate. Insurance companies must remain in communication with you during the claims process. If insurance companies take a long time to investigate your claim, that is an example of bad faith practice.
  • Unreasonable demands. Insurance companies who request that you provide ridiculous documentation to prove their client’s negligence can be an example of bad faith practice.
  • Failure to properly investigate a claim. Insurance companies have a legal responsibility to investigate your claim promptly. Insurance companies can be held liable for failing to adequately investigate a claim if you discover that they have not even investigated your claim before denying it.

Speak to an Experienced Personal Injury Lawyer Today

If you or your loved one were in a personal injury accident, you do not need to fear the unknown. A personal injury lawyer can evaluate your claim whether it entailed a motor vehicle crash, an injury suffered on someone else’s property, or any other incident.

Call a personal injury lawyer today for a consultation before you miss the statute of limitations to file a claim.